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 M Cohen 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

6                      Private Hire Driver’s Licence                      4

                        Exemption to Display Plate

                                    - Mr Hopps

The three Councillors that presided over this item were, Councillors Cohen, Gadsby and McMillan. Councillor Martin acted as an observer.

The Sub-Committee considered an application by Mr C Hopps for an exemption to display a Private Hire Vehicle Licence plate. Members noted that officers did not have delegated powers to grant this application and it must come before the panel for consideration.

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 applicant made a short statement in support of his application, before answering a number of questions from the members of the Sub-Committee. The Sub-Committee then retired to debate the application in private.

            RESOLVED:

That the application be deferred in order for the applicant to supply the following information to officers and the Sub-Committee. This information to be a business plan and evidence (in the form of letters) from projected clients that they would employ Mr Hopps only if his vehicle did not carry a Private Hire Vehicle Licence Plate.

            Recommendation:

To agree that the Public and Press be invited back to the meeting for the remaining items of business.

            RESOLVED:

That the Public and Press be invited back to the meeting for the remaining items of business.

Recommendation:

To consider an application to vary a premises licence the above premises.

8.1       An application to convert and vary a premises licence for the above premises has been received.

8.2       The variation requested is outlined on the attached extract from the application.

8.3       The conversion has already been granted by officers under delegated authority, however a representation concerning the variation has been received from an interested party (attached).

8.4            Following the statutory consultations no representations have been received from the Responsible Authorities.

8.5       Should the variation to the licence be granted Officers request that it be subject to conditions derived from the applicants operating schedule and previously agreed correspondence.

This item was withdrawn.

Recommendation:

To consider an application to vary a premises licence the above premises.

9.1       An application to convert and vary a premises licence for the above premises has been received.

9.2       The variation requested is outlined on the attached extract from the application.

9.3       The conversion has already been granted by officers under delegated authority, however representations concerning the variation have been received from interested parties (appendix 1).

9.4            Following the statutory consultations, representations have been received from the Responsible Authorities for Planning and Environmental Control (appendix 2).

9.5       Should the variation to the licence be granted Officers request that it be subject to conditions derived from the applicants operating schedule and previously agreed correspondence.

The three Councillors that presided over this item were, Councillors Cohen, Gadsby and Martin. Councillor McMillan acted as an observer. Also present were Mr Keith Clark from Punch Taverns, Mr Paul Davis-Jones local resident and objector and Mr Edward Davis, from the Environmental Health section of the district council.

Members of the Sub-Committee considered an application to convert and vary a premises licence for the Victoria Tavern, Smarts Lane, Loughton. The application sought permission:

• to an additional hour every Thursday, Friday and Saturday;
• two additional hours following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend;
• two additional hours following every Thursday, Friday, Saturday, Sunday and Monday for the Easter Bank Holiday weekend;
• a further additional hour every Christmas eve;
• a further additional hour every Boxing day;
• to reflect the existing New Years Day hours;
• Drinking up time- to allow 30 minutes drinking up time after the last permitted sale of alcohol;
• and all of the above to be for the sale of alcohol, recorded music and live music, limited to two entertainers.

The Environmental Health Manager stated that representations concerning the application had been received from interested parties. These consisted of a petition objecting to the extended opening hours, and a letter of objection from a local resident. Copies of which were attached to the report. It was reported that following statutory consultation two replies were received, one from the relevant Planning Services and one from the Environmental Protection Team both indicated that the use of the beer gardens is likely to cause noise nuisance to adjoining residents late at night and the playing of live music until midnight was also likely to cause disturbance. Copies of these letters were attached to the report.

Presentation of the Applicant’s case.

Mr Keith Clark, Business Relations Manager of Punch Taverns Plc was in attendance to present their case. He described the premises saying that it was a traditional style tavern without any sport on TV and no gambling machines. He went on to outline their application as outlined above. He pointed out that the police had endorsed their application and their current management of the tavern, with there being no indication that the longer hours will cause any problems.

Mr Clark was then questioned by the panel, the Environmental Health officer and the objector, who put various questions about the application. In response Mr Clark confirmed that the tavern did not have air conditioning, would continue to serve food with a separate area for dining, and he confirmed that they would be happy to accept a variation that music would be allowed only up to 11p.m. and not 1a.m. as originally asked for. He would also accept that there should be no piped music fed to the beer garden, and that the staff would be vigilant and monitor any latecomers for signs of disorder and excess inebriation.

Presentation of the Objector’s case.

Mr Davis-Jones was the organiser of the petition  ...  view the full minutes text for item 47.

Recommendation:

To consider an application to vary a premises licence the above premises.

10.1     An application to convert and vary a premises licence for the above premises has been received.

10.2     The variation requested is outlined on the attached extract from the application.

10.3     The conversion has already been granted by officers under delegated authority, however a representation concerning the variation has been received from an interested party (appendix 1).

10.4            Following the statutory consultations no representations have been received from the Responsible Authorities.

10.5     Should the variation to the licence be granted Officers request that it be subject to conditions derived from the applicants operating schedule and previously agreed correspondence.

The three Councillors that presided over this item were Councillors Cohen, Gadsby and McMillan. Councillor Martin acted as an observer. Also present were Ms Joins representing Greene King Brewing & Retailing Ltd., and Ms Elizabeth Cox a Licensing Officer.

Members of the Sub-Committee considered an application to convert and vary a premise licence for The Monkhams, Buckhurst Hill. The application sought permission:

• to extend the hours open to the public on Friday and Saturday by one and a half hours;
• to extend opening hours on specified bank holidays and other public holidays;
• to extend opening hours during specified sporting events;
• to provide entertainment by way of live music and the playing of recorded music;
• to allow 40 minutes ‘drinking up’ time after the last permitted sale of alcohol.

The Environmental Health Manager stated that a representation concerning the application had been received from an interested party. This consisted of an email, a copy of which was attached to the report. No representations were received from statutory consultees.

Presentation of the applicant’s case.

Ms Joins representing Green King Brewing & Retailing Ltd. told the panel that they were submitting the application to protect what they were doing at present and also they wished to extend their Friday/Saturday opening hours, but were happy to reduce their ‘drinking up’ time from 40 minutes to 30 minutes.

The panel then questioned Ms Joins. In response she confirmed that they would like live music up till 11p.m. and on Friday and Saturday up to 12 midnight. She also confirmed that they would like to withdraw their application concerning extended opening on certain sporting occasions. Although the Monkhams did have a garden area they were willing to close it by 11p.m. every night. To reduce the possible noise nuisance they were also agreeable to restrict the music to be non-amplified and not to be played in the garden, and that the bar staff would be vigilant and monitor any latecomers for signs of disorder and excess inebriation.

There were no questions from the officers present.

Applicants closing remarks.

Ms Joins apologised to the panel for not knowing all the details of the application and assured the panel that the bar staff would do their best to ensure that the patrons left the establishment quietly and in an orderly manner.

Consideration of the application by the Panel.

The Panel then retired to discuss the application in private where they took advice from relevant officers on Zoning and Christmas and New Year licensing hours. The Panel took into account the probable causes for the prevention of public nuisance and the prevention of crime and disorder.

            RESOLVED:

That the application to vary a premises licence at the Monkhams be granted to:

1.                  Permit the sale of alcohol up to Midnight on Fridays and Saturdays.

2.                  Permit the sale of alcohol up to midnight on every Friday, Saturday and Sunday (but not Mondays) for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend and on the Easter Holiday  ...  view the full minutes text for item 48.