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 R Morgan 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 S-A Stavrou declared a personal interest in agenda item 7 (Application to vary a Premises License at the Kings Oak Public House, High Beech, Loughton) by virtue of being a local ward member. She declared that her interests were prejudicial and indicated that she 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.

The Sub-Committee noted that there were no items of business on the agenda that necessitated the exclusion of the public and press from the meeting.

            Decision Required:

To consider the application for ‘Favorite Chicken and Ribs’, 184 High Street, Epping, Essex.

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

The Three Councillors that presided over this item were Councillors Morgan, McEwan and Stavrou. Also present were Mr Simon Fisher representing Essex Police and Mr David Baker and Mr John Evans both from the Planning Department of the District Council.

Members of the Sub-Committee considered an application to vary a premises licence for late night sales of hot food after 11.00 pm to 03.00 am (Monday through to Sunday).

Representations had been received from two interested parties, Planning Services of Epping Forest District Council and Essex Police.

The applicant was not there to present his case to the committee.

Presentation of Planning Services Case.

The officer from Planning stated that the premises presently had planning permission to sell food until midnight but would need to reapply for permission to increase their opening hours until 03.00 am.

Presentation of the Police’s Case.

Mr Simon Fisher on behalf of the Essex Police force objected to the increase in the opening hours on the grounds of:

• Fear of an increase in crime and disorder;
• Opposite the applicants’ site are two night clubs, both of which have grandfather rights to open until 2am, both with public entertainment licences and rights to serve hot food, which would make it unlikely that any of the patrons would want to use the applicants’ premises;
• This premise would attract passing trade only, who would probably be the worse for drink and that would create a real fear for the increase of violence, noise and general misbehaviour;
• Also the High Street and surrounding area is a residential district with the corresponding increased chances of disturbance arising from the later opening hours.

Consideration of application by the Committee.

The Committee then retired to discuss the application in private where they took advice from the relevant officer on planning matters and how it affects a licensing application. The Committee also took into account the probable causes for the prevention of public nuisance and the prevention of possible crime and disorder.

            RESOLVED:

That the extended hours of opening for the ‘Favorite Chicken and Ribs’ be granted until 12 midnight (Monday through to Sunday) and not 3am as originally requested.

            Decision Required:

To consider the application for the Kings Oak Public House, High Beech, Loughton.

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

The Three Councillors that presided over this item were Councillors Morgan, McEwan and Rush. Also present were Mr Simon Fisher representing Essex Police.

It was noted that officers had received requests from both the police and the applicant requesting a postponement of this application to the next available Licensing Sub-Committee.

            RESOLVED:

That this application be postponed to the Licensing Sub-Committee to be held on 26 January 2006.