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 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 would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                   Exempt Information

Item No.            Subject                                             Paragraph Number

6                      Hackney Carriage Drivers’                                 4

                        Licence Application – Mr W

                        Mir

7                      Private Hire Plate Exemption                            4

                        Application – Mr D Gelade

8                      Private Hire Plate Exemption                            4

                        Application – Mr A Pryor

9                      Hackney Carriage Drivers’                                 4

                        Licence Application – Mr K

Baskaran

10                    Private Hire Plate Exemption                            4

                        Application – Mr P Wheeler

            Decision Required:

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

6.1       An application for a Hackney Carriage Drivers’ Licence has been received from Mr Wali Mir.

6.2       Mr Mir has not held a full DVLA driving licence for three years, which prevent officers from granting the licence in accordance with the Delegated Authority Rules.

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

6.4       A copy of Mr Mir’s Appeal Statement is also attached.

The Sub-Committee considered an application by Mr W Mir for a Hackney Carriage Driver’s Licence. The Sub-Committee were advised that Mr Mir had not arrived for the meeting to present his application. Members noted that consideration of this application had been deferred from a previous meeting, which the applicant had also not attended. The Sub-Committee was satisfied that Council Officers had taken all reasonable steps to ensure the attendance of the applicant and that as the applicant had given no reason for his non-attendance, the application should be considered in his absence.

The Sub-Committee felt that, as this was the second meeting that the applicant had failed to attend, the application should be deemed refused.

            RESOLVED:

That the application by Mr W Mir for a Hackney Carriage Driver’s Licence be refused as he did not meet the Council’s Licensing criteria in that he had not held a DVLA Driving Licence for three years.

            Decision Required:

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

7.1       An application has been made by Mr David Gelade for an exemption from the requirement to display a licence plate on the outside of his vehicle.

7.2       The reasons for the request as supplied by Mr Gelade are attached.

The Sub-Committee considered an application by Mr D Gelade for a Private Hire Driver’s Licence exemption to display a plate. Members noted that officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.The Chairman welcomed the applicant, and introduced the members and officers present. 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 Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

            RESOLVED:

That the application made by Mr D Gelade for an exemption to display a Private Hire Vehicle Licence plate be refused, as the applicant had provided insufficient evidence to support his application.

            Decision Required:

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

8.1       An application has been made by Mr Anthony Pryor for an exemption from the requirement to display a licence plate on the outside of his vehicle.

8.2       The reasons for the request as supplied by Mr Pryor are attached.

The Sub-Committee considered an application by Mr A Pryor for a Private Hire Driver’s Licence exemption to display a plate. Members noted that officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.The Chairman welcomed the applicant, and introduced the members and officers present. 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 Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

            RESOLVED:

That the application made by Mr A Pryor for an exemption to display a Private Hire Vehicle Licence plate be refused, as the applicant had provided insufficient evidence to support his case.

            Decision Required:

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

9.1       An application for a Hackney Carriage Drivers’ Licence was received from Mr Kanagaratnam Baskaran.

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

9.3            Officers will report verbally at the meeting. 

The Sub-Committee considered an application by Mr K Baskaran for a Hackney Carriage Driver’s Licence. Members noted that officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee. The Chairman welcomed the applicant, and introduced the members and officers present. 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 then made a short closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

            RESOLVED:

That the application by Mr K Baskaran for a Hackney Carriage Driver’s Licence be refused as he did not meet the Council’s Licensing Criteria in that his record from the Criminal Records Bureau revealed relevant offences under the conviction criteria.

            Decision Required:

To consider an application made by Mr P Wheeler for an exemption to display a Private Hire Vehicle Licence Plate.

10.1     An application has been made by Mr Peter Wheeler for an exemption from the requirement to display a licence plate on the outside of his vehicle.

10.2     The reasons for the request as supplied by Mr Wheeler are attached.

The Panel considered an application by Mr P Wheeler for a Private Hire Driver’s Licence exemption to display a plate. Members noted that officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.The Chairman welcomed the applicant, and introduced the members and officers present. 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 Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision. Following the determination of this application, the Sub-Committee took a 40-minute break and reconvened at 1.00pm.

            RESOLVED:

That a Private Hire Driver’s Licence exemption to display a plate be granted to Mr P Wheeler, subject to the Council’s standard terms and conditions.

            Recommendation:

That the public and press be invited back into the meeting for the remaining items of business.

            RESOLVED:

That the public and press be invited back into the meeting for the remaining items of business.

            Decision Required:

To consider an application to vary a premises licence at the Shamrat Indian Brassiere in Buckhurst Hill.

12.1     An application to vary a premises licence for the above premises has been received, along with representations from interested parties and the responsible authority for Environmental Control (Appendix 1).

The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs J Davis and K Wright. The Chairman welcomed the participants, and requested that they introduce themselves to the Sub-Committee and officers. In attendance was a representative of the applicant, Mr Ali, who worked at the Brasserie. There were no objectors in attendance. 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 Sub-Committee

The Environmental Health Manager informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of the Shamrat Indian Brassiere in Queens Road, Buckhurst Hill, along with representations from interested parties and the responsible authorities for Environmental Control. The applicant had requested permission to serve alcohol, provide late refreshments, and be open to the public from 9.00am to 2.00am every day. The application had also requested that permission be given for live music to be performed and recorded music to be broadcast from 6.00pm to 2.00am every day, with the exception of live music from 9.00am New Year’s Eve to 5.00am New Year’s Day.

(b)             Presentation of the Applicant’s Case

Mr Ali outlined the nature of the business at the Shamrat Indian Brassiere. He stated that it was not his wish to cause the Brassiere’s neighbours any distress but that the establishment was seeking a 2.00am Sale of Alcohol and Late Night Refreshment Licence. However, if the Sub-Committee saw fit not to grant the requested hours then the Brassiere would expect their Grandfather rights of 12.00am to be approved. Finally, Mr Ali explained that the entertainment consisted of the occasional performance by three magicians who also played musical instruments.

(c)            Questions for the Applicant from the Sub-Committee

In response to questions from the Sub-Committee, Mr Ali confirmed that the establishment was an Indian restaurant with 62 covers that served hot food to the table with alcohol. The Brassiere was currently open from 5.30pm until 11.00pm from Sunday to Thursday, and 12.00am on Friday and Saturday, with last orders for food approximately 30 minutes before the premises closed. Mr Ali explained that the Brassiere did not open during the day as there would not be sufficient trade, and the premises did not have the necessary rest areas for staff. The management were very careful over late admittance to the premises, especially people who had obviously been drinking. Mr Ali stated that very few people were permitted entry to the Brassiere after 11.30pm on Friday and Saturday nights.

As the Brassiere was in a residential area, if any guests were being boisterous then initially the waiters would calm them down at the table, and following the completion of their meal, they would be kept within the confines of the restaurant until their taxi arrived. In respect of waste, the staff regularly cleared the pavement outside of the establishment, and the Brassiere did not permit take-away orders, which also helped to prevent littering  ...  view the full minutes text for item 118.