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 F Maclaine 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 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:

6.                                          Hackney Carriage Drivers                        4

Licence Application –

Mr M Butt

7.                                    Private Hire Plate

                        Exemption Application –                           4

                                                Mr A Pryor

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 M Butt

7.                     Application for exemption to                           4                                              display Private Hire Vehicle

Licence Plate-

                                    Mr  A Pryor

Decision Required:

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

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

6.2       Mr Butt 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.

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

6.4       A copy of Mr Butt’s appeal form is also attached.

The Sub – Committee considered an application from Mr Butt for a Hackney Carriage Drivers’ Licence . Members noted that Mr Butt had not held a full DVLA licence for three years, thus preventing officers granting the license in accordance with  the Delegated Authority rules. A copy of the applicants driving license and appeal form was attached to the report.

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 Sub –Committee asked the applicant to leave the Council Chamber so that they could discuss and determine the application in private. The Sub – Committee felt that they could not grant the application because the applicant had not gained the experience required by the legislation. The Sub – Committee asked the applicant to return to the meeting to inform him of the decision.

RESOLVED:

That the application from Mr Butt for a Hackney Carriage Drivers Licence be refused.

Decision Required:

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

7.1       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.

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

The Sub – Committee considered an application from Mr A Pryor  for an exemption  to display a Private Hire Vehicle. The reasons for the application as supplied by the applicant was attached to the report.

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 Sub –Committee asked the applicant to leave the Council Chamber so that they could discuss and determine the application in private. The Sub – Committee asked the applicant to return to the meeting to inform him of the decision.

RESOLVED:

That the application for an exemption to display a Private Hire Vehicle plate from Mr A Pryor be granted.

RESOLVED:

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

Decision Required:

To consider the application for the Gunmakers Arms, Loughton.

(Head of Environmental Services) The application is attached. Representations have been received from the responsible authorities for Environmental Control and Planning.

The three councillors that presided over this item were Councillors F Maclaine, Mrs J Davis and Mrs M Sartin. Also present was Mr Smith from Punch Taverns Plc - the brewery applying for the new license.

The Sub-Committee considered an application to convert and vary a premises license for the Gunmakers Arms, Loughton. The application sought:

(a)               To serve alcohol until 23.00 hours Monday to Wednesday, 00.00 hours Thursday, 00:30 hours, Friday, 01.00 hours Saturday and 22:30 hours Sunday

(b)               further additional hours on a specified number of days  on and around bank holidays

(c)               an additional 10 minutes, to allow 30 minute drinking up time, after the last permitted sale of alcohol.

(d)               As well as sale of alcohol during the above hours, recorded music, karaoke and live music limited to 2 entertainers

Representations had been received from the Responsible Authority for Planning Services. This suggested that the hours sought were likely to cause noise nuisance to neighbours. The Environmental Services team had also expressed concerns about the public nuisance that could be caused by use of the rear garden and live and recorded music. To address these concerns the applicant had agreed to close the outside gardens and stop live music at 23:30. As a result of these steps, the representation made about these activities had been withdrawn.

Presentation of the Applicant’s Case

Mr Smith presented the case. He stated that the proposed hours should fit in with the new work patterns of the local community. The majority of the premises customers base comprised local residents. Removing the current restraints on hours should introduce the flexibility necessary to deal with the needs of the business which was varied and unpredictable. The new hours would not be used fully but only when demand suggested they were necessary and would not cause any problems. The proposals should ease dispersal and avoid a concentrated out flux. Mr Smith was willing to agree that there be no drinking on the forecourt after 23:00 to reflect that local residents were sensitive to noise in this area. Customers who did not comply with this would not be served. He had the ability to control activities on the premises but not outside. He was prepared to display signs to encourage patrons to leave quietly. There was seating facilities at the rear gardens. Customers were not encouraged to drink in the front garden as this was only intended to deal with any overspill of customers from the public house.

Presentation of the Objectors Case

Mr Baker of Planning Services referred to a map of the location. It indicated the premises was located within a residential area. He welcomed the new conditions offered by the applicant to close the outside area at 23:30, but despite this and in view of the residential setting, still expressed concern about the noise that was likely to be generated in the outside areas especially by patrons leaving in cars. He suggested that activities in the forecourt would be difficult to control.  ...  view the full minutes text for item 126.