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.

That in accordance with the terms of reference for the Licensing Committee, Councillor Mrs M Sartin 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.

Pursuant to the Council’s Code of Member Conduct, Councillor L Martin declared a personal interest in agenda item 9 (Application to vary a Premises License at the Blue Monday, 63 Queens Road, Buckhurst Hill) by virtue of being a local ward member. He declared that his interests were prejudicial and indicated that he would leave the meeting for the consideration and voting thereon.

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            Subject                                                         Exempt Information

Item No.                                                                                 Paragraph No.

6                      Private hire vehicle licence                                    4

Miss C Lawson

            Recommendation:

To consider an application for a Private Hire Drivers' Licence from Miss C Lawson

(Head of Environmental Services). An application for a Private Hire Drivers' Licence was received from Miss C Lawson.

Miss Lawson’s application shows that she has not held a full DVLA driving licence for the requisite period, thus preventing officers granting the licence in accordance with the Delegated Authority Rules. 

A copy of Miss Lawson’s DVLA driving licence together with appeal to Licensing Panel is attached. 

A similar application from Miss Lawson was refused at the Licensing Panel meeting of 14October 2004.

The Sub – Committee considered an application from Miss C Lawson for a Private Drivers’ License. Members noted that Miss Lawson’s applications indicated that she had not held a full DVLA driving License for the requisite period, thus preventing officers granting the license in accordance with the Delegated Authority rules. A copy of the applicants driving license together with her appeal to the Panel was attached to the agenda. It was noted that a similar application from the applicant was refused at the Licensing Panel meeting of 14 October 2004.

The Chairman welcomed the applicant and her father Mr James, introduced the Members and Officers present, and explained the procedure that would be followed to determine the application.

The applicant made a short statement in which she stated that she required the licence to drive for her fathers business which transported children to school. Mr James reported that she had been driving for two years and would be involved in local runs for the service. The participants answered a number of questions from the Sub – Committee and made a final statement in support of their application. The Sub – Committee retried to the Members’ Room to debate the application in private. The Sub – Committee noted that the applicant had gained one years further driving experience since the application was last considered. The Sub – Committee agreed to support the application and returned to the Committee Room to report their decision.

RESOLVED:

That the application for a Private Hire Drivers’ License form Miss C Lawson be granted.

Recommendation:

To agree that the public and press be invited to the meeting for the remaining items of business.

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

Recommendation:

To consider an application to vary a premises license at the Gatekeeper, London Road

(Head of Environmental Services). An application to vary a premises license for the above premises has been received together with representations from an interested party. (Appendix 1).

The three Councillors that provided over this item were Councillors Mrs Sartin,  Mrs Rush and Martin. Mrs R Gadsby acted as an observer. Also present was Mr Stockwell, manager of the public house. No objectors were present at the meeting.

The Sub – Committee considered an application to convert and vary a premises licence for the Gate Keeper, London Road, Harlow. The application sought permission:

(a)                           to permit regulated entertainment comprising: Occasional live music and amplified voice, recorded music by juke box and music systems (usually background), comperes for functions and quizzes and similar forms of entertainment, indoor pub games comprising a sporting event in the presence of an audience, exhibition of video entertainment on screens and amusement machines

(b)                           to the extent that the variation in paragraph 3 is not granted to permit sale of alcohol and such regulated entertainment until 12.30p.m to the following morning on Friday, Saturday, Sunday and Monday at bank holiday weekends, Christmas Eve, Boxing Day

(c)                           On all days to open for the sale of alcohol and such regulated entertainment from 10.00a.m to 12.30.a.m the following morning

(d)                           To permit provision of refreshment after 11.00p.m

(e)                           To remove all embedded restrictions under LA 1964, and in particular those restrictions relating to the Childrens Certificate, Supper Hours Certificate, Children and Young Persons Act 1933, Cinematograph (Safety) Regulations 1955 and Sporting Events (Control of alcohol etc) Act 1985.

The Sub – Committees attention was drawn to a letter submitted by two residents who lived near the premises. The letter expressed concern about the noise made by patrons of the establishment when leaving the car park, noise from the outside area and stated that the proposals were unreasonable given the residential nature of the area. The objections suggested that the management of the establishment had not made any effort to stop the problems and that the proposals would add to these existing concerns.

Presentation of the Applicant’s Case

Mr Stockwell presented the case. He advised that the additional hours were only sought for key events such as Christmas and New Year.  For the remainder of the year, existing hours would still apply.

He reminded the meeting that the premises comprised of a restaurant and a bar serving alcohol and outlined the existing hours and those sought for the two sections.

Mr Stockwell was questioned by the Sub – Committee. In response he said a system was in place to regulate noise and that outside music would be switched off at 11.00p.m. Signs could be displayed to ask patrons to leave the car park quietly. Not much noise was generated by the facility as steps had been taken to deal with such disturbance.  About 12 – 13 houses were located near the establishment. Air Conditioning had been installed and widows and doors were not usually opened which sound proofed the unit.  Background music was played in the foyer and the outside speakers could be disconnected and were not frequently used.  There was a double door entrance plus a  ...  view the full minutes text for item 86.

Recommendation:

To consider an application to vary a premises license at the Blue Monday, 63 Queens Road, Buckhurst Hill

(Head of Environmental Services). An application to vary a premises license for the above premises has been received together with representations from interested parties and the responsible authorities for Environmental Control and Planning Services. (Appendix 2).

The three Councillors that presided over this item were Councillors Mrs Sartin, Mrs Gadsby, Mrs Rush. Also present were Mr Clark from the brewery making the application and Mrs Farthing, the Licensee of the premises. Councillor Mrs A Haigh attended as a local ward member. Local residents Mr J Robinson and Mrs R Waits were also present.

The Sub – Committee considered an application to convert and vary a premises license for the Blue Monday, 63 Queens Road, Buckhurst Hill. The application sought:

(a)   an additional hour every Friday and Saturday

(b)   Bank Holidays: a further additional hour into the morning following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend.

(c)   Easter: a further additional hour into the morning following every Thursday, Friday, Saturday, Sunday and Monday for the Easter Bank Holiday weekend.

(d)   A further additional hour every Christmas Eve.

(e)   A further additional hour every Boxing Day

(f)     To reflect existing New Year’s Eve/Day hours

(g)   Drinking up time: an additional 10 minutes, to allow 30 minutes drinking up time, after the last permitted sale of alcohol

(h)   All of the above to be for the sale of alcohol, recorded music, karaoke and live music ,limited to two in a bar entertainers.

Presentation of the Applicants case

Councillor Mrs Sartin reported that Councillor Mrs Haigh had contacted her to report her concerns and the objections she had received concerning the application. Councillor Mrs Sartin reported that she had noted these representations and had not formed a view.

Mr Clark presented the case and he was assisted by Mrs Farthing, the Licensee of the premises. Mr Clark outlined the application and suggested that it supported the spirit of the Licensing Act 2003. He stated that a drinking up time of 30 minutes was being volunteered to facilitate dispersal. No representations concerning the variation had been received from the Police. He reported that prior to the meeting, an additional condition had been agreed with Environmental Health to ensure that the rear garden be closed at 11.00p.m. He suggested that should the variation be agreed, it was likely that the premises customer base would remain same, but with slower dispersal rates. He reported that CCTV and air conditioning had been installed and a door supervisor was provided from Thursday to Sunday.

Mrs Farthing added that she was willing to discuss any issues with residents and reminded them that they could request that the application be reviewed, should it be granted, at a future date. She stated that she had twelve years experience in managing bars and had attended a brewery personal licence course and was accredited.

In response to questions, Mr Clark stated that no external music was played, however accepted that internal music might  be heard outside when  the front door was open. There was a single front ‘ folding back’ door which could be made sound proof. Front doors and windows were open in the summer months  ...  view the full minutes text for item 87.

(Head of Environmental Services). An application to vary a premises license for the above premises has been received together with representations from the responsible authority for Environmental Control (Appendix 3).

It was reported that this application had been withdrawn as the representation received in relation to the case had been withdrawn.