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 Mrs P Smith 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 interests reported 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            Subject                                                           Exempt Information                                                                            Paragraph No

Item No.                                                                             

6.                     Application for a                                                  4

                        Hackney Carriage Drivers’

                        Licence –

                        Mr Mir

7.                     Application for exemption to                          4                                              display Private Hire Vehicle

Licence Plate-

                        Mr Wright

8.                     Application for a                                                  4

                        Hackney Carriage Drivers’

                        Licence –

                        Mr Baskaran

Recommendation:

To consider an application for a Hackney Carriage Drivers' Licence from Mr W Mir

(Head of Environmental Services).  An application for a Hackney Carriage Drivers'  Licence has been received from Mr Mir.

Mr Mir has not held a full DVLA licence for three years and therefore the application has been refused by officers in accordance with the Delegated Authority Rules.

A copy of Mr Mirs’s DVLA driving licence is attached.

A copy of Mr Mir’s appeal form and appeal is attached.

Due to the unavailability of the applicant, this application was deferred for consideration at the next meeting.

Recommendation: 

To consider an application made by Mr Wright for an exemption to display a Private Hire Vehicle Licence plate.

(Head of Environmental Services) An application has been made by Mr Wright for an exemption from the requirement to display a licence plate on the outside of his vehicle.

Mr Wright has supplied reasons for his request which is attached.

The Sub – Committee considered an application from Mr Wright  for an exemption to display a Private Hire Vehicle License Plate.

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

The Sub – Committee considered a copy of the application detailing reasons for the exemption.

The applicant made a short statement in which he explained that the exemption would support his work as a chauffer.

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 agreed to grant the application and returned to the Committee Room to report their decision.

RESOLVED:

That the application made by Mr Wright for an exemption to display a Private Hire Vehicle License plate be granted.

            Recommendation:

To consider an application for a Hackney Carriage Drivers' Licence from Mr Baskaran

(Head of Environmental Services).  An application for a Hackney Carriage Drivers'  Licence was received from Mr Baskaran

            Mr Baskaran’s  CRB disclosure shows relevant convictions under paragraph (e)(i) of the conviction criteria which prevent officers granting the licence in accordance with the Delegated Authority Rules. 

Officers will report verbally at the meeting.

The Sub – Committee considered an application from Mr Baskaran for a Hackney Carriage Drivers’ Licence . Members noted that Criminal Records Disclosure showed relevant convictions, thus preventing officers granting the license in accordance with  the Delegated Authority rules. The Head of Environmental Services also reported other convictions.

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

The applicant made a short statement and answered a number of questions from the Sub – Committee and made a final statement in support of his application. The Head of Environmental Services tabled a copy of the applicants appeal to the Sub – Committee. The applicant circulated photocopies of various other documentation detailing the provisions of his present public carriage license. To ensure that the evidence for the case could be properly evaluated, the Sub-Committee requested to the see the original documentation for this information which had not been made available and agreed that the application be deferred to allow this to be obtained

RESOLVED:

That the applicant by Mr Baskaran for a Hackney Carriage License be deferred to the next meeting to  enable the applicant to obtain the original supporting documentation for the case.

Recommendation:

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

RESOLVED:

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

Recommendation:

To consider an application to vary a premises license at the Forresters Arms, High Ongar

(Head of Environmental Services). An application to vary a premises licence for the above premises has been received, along with representations from the responsible authority for Planning Services. (Appendix 1)

The three councillors that presided over this item were Councillors T Richardson, Mrs P Smith, and Mrs S Stavrou. Councillor  P McMillan acted as an observer. Also present were Mr  Lee Hoddinott from James – Motion and Mr Paul Monk, manager of the public house. No objectors were present at the meeting.

The Sub-Committee considered an application to vary a premises licence for the Forresters Arms, High Ongar. The application sought permission:

(a)        to permit the sale of alcohol from 11.00 hours to 24.00 hours, Sunday to Thursday and from 11.00 to 01.00  Friday to Saturday

(b)        to permit occasional regulated entertainment in keeping with the style of operation;

(c)        to provide refreshments after 23.00 hours;

(d)        to remain open for 30 minutes after the end of permitted hours for the sale of alcohol as a 'wind down' period.

Presentation of the Applicant's Case

Mr  Hoddinott from James – Motion presented the case and he was assisted by Mr Monk, manager of the public house. Mr Hoddinott outlined the additional hours sought and suggested that that they had been requested to provide customers with an enhanced opportunity to enjoy the facilities offered.

Mr Monk took over the management of the premises in May 2005. The premises provided facilities for local residents and attracted a community based clientele. Mr Monk resided at the establishment with his wife and young daughter and they  fitted in well with the local community. No objections had been made by local residents who appeared happy with the proposals.

In response to Member questions, it was stated that locals around High Ongar rather than destination drinkers constituted the establishments target clientele. It was envisaged this would not alter following the implementation of the proposals. No contact had been made with Planning Services who had suggested the additional condition that all outside areas be closed at 23.00. It was indicated that this request was already in place. The Environmental Protection team had raised no objections in relation to noise nuisance. The nearest noise sensitive dwelling was located immediately adjacent to the premises. The occupier had raised no complaints and his son lived in the bedroom nearest the public house.

Mr Baker of Planning Services reported that he had visited the site. He explained  that  the public house was located within a very quite small village which supported two public houses. The premises was situated in close proximity to approximately 10-12 houses  and was attached to a dwelling. It was likely that any patrons leaving the premises during the late hours sought could disturb residents. It was also likely that given that the  village was small in size the outflow would include customers who had travelled  from other areas. This could increase the number of vehicles at the site and associated nuisance.

The applicant showed Members a copy of the public notice which had been displayed to inform of the application.

Consideration of Application by the Sub – Committee

The Sub- Committee asked the participants to leave the Council  ...  view the full minutes text for item 104.

Recommendation:

To consider an application to vary a premises licence at Marks and Spencer, Loughton

(Head of Environmental Services). An application to vary a premises licence for the above premises has been received, along with representations from the responsible authority for Planning Services. (Appendix 2)

The Head of Environmental Services reported that this application had been withdrawn prior to the meeting.

Recommendation:

To consider an application to vary a premises licence at the Kings Inn, Ongar

(Head of Environmental Services). An application to vary a premises licence for the above premises has been received, along with representations from the responsible authorities for Planning Services and Environmental Control. (Appendix 3)

The Head of Environmental Services reported that this application had been withdrawn prior to the meeting.   

Recommendation:

To consider an application to vary a premises licence at the Maypole, Chigwell

(Head of Environmental Services). An application to vary a premises licence for the above premises has been received, along with representations from the responsible authorities for Environmental Control and Planning Services and a number of interested parties. (Appendix 4)

The three councillors that presided over this item were Councillor P McMillan, Mrs P Smith, and Mrs S Stavrou. Councillors T Richardson acted as an observer. Also present were Mr James Rankin from the Spirit Group Ltd and Mr Nigel Corporon, manager of the public house. Two objectors, Mr John Cuffley and Ms Rachael Mason were also present.

The Sub-Committee considered an application to vary a premises licence for the Maypole, Chigwell. The application sought permission:

(a)        to extend the hours for the sale of alcohol and other licensing activities and late night refreshments  to: 00.00  Sunday to Thursday, 01.00 Friday Saturday and 02.00 Sunday.

(c)        to remove all restrictions relating to drinking up time.

(d)               to allow accompanied children under 16 to be permitted in the bar in line with the provisions of the Licensing Act 2003

(e)               to allow limited entertainment in line with the current provisions of Section 182 Licensing Act.

The Head of Environmental Services reported that representations to the variation had been received from the Responsible Authorities for Planning Services and Environmental Protection. An agreement had been reached prior to the meeting between the services and the applicant’s representatives. This adjusted the hours sought to those set out above and added a condition that the garden be closed at 23.30. As a result of this, the Responsible Authorities  had withdrawn their representations.

Presentation of the Applicant's Case

Mr Rankin from the Spirit Group Ltd presented the case and he was assisted by, Mr Nigel Corporon, manager of the public house. He reported that Mr Corporon had managed the establishment since June 2004 and had many years experience in the trade. He had made substantial improvements to change the business into a family  focused diner. As a result of the improvements, alcohol was now only sold to customers over 21 and staff had been retrained. Previously disenfranchised customers were returning the public house. Mr Cuffley, who lived in the vicinity had expressed  concern over teenagers causing nuisance in the car park and removing benches. A barrier had been put up to divide Mr Cuffley’s property and the public house. This had solved the problem. In addition, CCTV and sensors had been installed to monitor anti – social behaviour in the car park. In November 2005, improvement works were to be undertaken to redesign the layout so to decrease the bar area and increase the size of the restaurant. The additional hours were required only for occasional events. The Sub – Committee were reminded that the application could be reviewed if granted, to consider any relevant representation made about its operation.

In response to Member questions, the participants reassured the Sub – Committee about the steps that he intended to undertake to ensure that the outside patio was cleared by 23.30 and patrons left quietly. He advised that no children were allowed in the bar after 21.00 and the restaurant would be a non smoking area after the refurbishment.

Presentation of the Objectors Case

Mr Cuffley, a  ...  view the full minutes text for item 107.