Agenda and minutes

Under the terms of reference for the Licensing Committee each Sub-Committee is required to elect a Chairman on an ad hoc basis for the duration of the meeting.

            RESOLVED:

That, in accordance with the terms of reference for the Licensing Committee, Councillor R Morgan be elected Chairman for the duration of the Sub-Committee meeting.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

The Sub-Committee noted the agreed procedure for the conduct of business, and the Terms of Reference.

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated:

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972:

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)       All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)       At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)       Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)       have been relied on to a material extent in preparing the report does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they will involve the disclosure of exempt information as defined below in the relevant Paragraph of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                   Exempt Information

Item No            Subject                                             Paragraph No

7                      Private Hire Driver’s Licence                      4

                        Application – Mr T Smith

The Sub-Committee, consisting of Councillors Morgan, Mrs Rush and Mrs Sartin with Councillor Mrs Smith as an observer, considered an application from Mr T Smith for a Private Hire Driver’s Licence. Members noted that Mr Smith did not meet the Council’s Licensing criteria in that his Criminal Records Bureau details had revealed relevant offences under the conviction criteria and, as a result, the Head of Environmental Services could not issue the Licence under delegated authority. The Chairman welcomed the applicant, introduced the members and officers present, and explained the procedure that would be followed for the determination of this application. The Environmental Health Manager informed the Sub-Committee of the circumstances under which the licence could not be issued under delegated authority.

The applicant made a short statement to the Sub-Committee in support of his application, before answering a number of questions from members of the Sub-Committee. The applicant made a short final statement in support of his application before the Sub-Committee retired to the Members’ Room to debate the application in private. The Sub-Committee returned to the Committee Room and informed the applicant of their decision.

            RESOLVED:

That a Private Hire Driver’s Licence be granted to Mr T Smith, subject to:

(a)            the Council’s standard terms and conditions; and

(b)            that, should the applicant attain a position with another company, the             Council be informed.

The public and press were admitted to the meeting for a further public session.

To consider the attached report.

The three Councillors that presided over this item were Councillors Morgan, Mrs Rush and Mrs Sartin; Councillor Mrs Smith acted as an observer. The Chairman welcomed the participants, and requested that they introduce themselves to the Sub-Committee and officers. In attendance was the applicant, Mr D Williams; Inspector P Thomson, Essex Police; Mr J Holtom, Corporation of London; Mr H Smith, local resident; Mr S Bunce, Epping Forest Field Centre; and Mr J Collins, representing other local residents. The Chairman then introduced the members and officers present, and explained the procedure that would be followed for the determination of this application.

(a)       The Application before the Panel

The Environmental Health Manager informed the Sub-Committee that an application for a Single Event Public Entertainment Licence had been received from Mr D Williams. This was in respect of an event to be held at the Kings Oak in High Beech on 28 August 2005, between 12.00pm and 10.00pm for approximately 500 people. Objections to the proposed event had been received from Essex Police, Corporation of London, Epping Forest Field Centre, the ward Councillor Mrs S Stavrou, and a number of local residents. In addition, Essex Fire Authority, Waltham Abbey Town Council and other local residents had made late representations.

Officers had received complaints regarding noise from the premises, which had led to a Noise Abatement Notice being served on 5 May 2005. The Sub-Committee were informed that officers were proceeding with a prosecution under the Environmental Protection Act 1990 following an alleged breach on 15 May 2005. Officers believed that the noise generated from the proposed event could not be adequately controlled and would be very likely to cause a statutory nuisance.

The Sub-Committee were informed that the applicant had supplied a risk assessment for the proposed event, however Building Control officers felt that it was inadequate and showed a lack of awareness of the potential dangers that such an event could generate. A smaller event had been held in May 2005 without the benefit of a Licence, for which officers were considering a possible prosecution.

(b)            Presentation of the Applicant’s Case

Mr D Williams stated that he was the co-organiser of the events that had been, and was proposed to be, held at the Kings Oak. The applicant apologised for the event that was held on 1 May 2005 as he had not realised that a separate licence, in addition to the King’s Oak’s own licence, was required. The applicant stated that the event would not have taken place if he had known that a separate had to be applied for.

However, the applicant further added that the customers that had attended the event in May had enjoyed themselves, and that he was speaking on behalf of the local residents who wanted to enjoy themselves and socialise. The applicant reiterated that the application was for the proposed event to be held on 28 August 2005, as the proposed event for 26 June 2005 had been postponed.

(c)            Questions for the Applicant  ...  view the full minutes text for item 25.