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 J Davis 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.

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 Licence                       4

                        Application – Mr M Bashir

7                      Private Hire Plate Exemption Application            4

                        - Mr D Gelade

Decision Required:

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

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

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

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

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

The Sub-Committee considered an application by Mr M Bashir for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs J Davis, Mrs K Rush and K Wright. 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 a Hackney Carriage Driver’s Licence be granted to Mr M Bashir, subject to the Council’s standard terms and conditions.

            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 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. The three Councillors that presided over this item were Councillors Mrs J Davis, Mrs K Rush and K Wright. Members noted that officers did not have delegated powers to grant the application and, as a result, it 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 a Private Hire Driver’s Licence exemption to display a plate be granted to Mr D Gelade, subject to the Council’s standard terms and conditions.

            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 Perfect Choice Pizza and Fry Chicken in Loughton.

8.1       An application to vary a Premises Licence for the above premises has been received, along with representations from the responsible authority for Planning.

The three Councillors that presided over this item were Councillors Mrs J Davis, Mrs K Rush and K Wright. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee and officers. In attendance on behalf of the application were Miss P Veli and Miss A Veli, who were the owners of the business. 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 the 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 Perfect Choice Pizza and Fry Chicken in Borders Lane, Loughton, along with a representation from the responsible authority for Planning. The application had requested permission for the premises to provide late night refreshment from 11.00am until 12.30am Monday to Saturday and 11.00am until 10.30pm on Sunday.

(b)            Presentation of the Applicant’s Case

Miss Veli stated that the business was currently open until 11.00pm Monday to Thursday and 12.00am Friday and Saturday. The application requested an extension for the opening hours until 12.30am Monday to Saturday, but Sunday would remain as a 10.30pm closing time. The applicants explained that they wanted the extended hours in order to sell the remaining food that had already been cooked; it was not intended to cook further food during this period. The applicants confirmed that there had been an error on the application form and that the requested hours on Schedule O, hours premises are open to the public, should match the requested hours on Schedule L, late night refreshment.

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

In response to questions from the Sub-Committee, the applicants confirmed that the adjoining premises were a Chinese food take-away adjacent, a flat above, and a public house opposite. The applicants stated that they would normally halt cooking at 10.30pm if the premises were due to close at 12.00am, and the extra hours requested would enable the previously cooked food to be sold if available. The applicants confirmed that telephone orders were only accepted up until thirty minutes before closing, although some customers might take forty-five minutes to arrive at the premises for collection. The premises also had to be cleaned every night, and this could take up to ninety minutes to accomplish. Finally, the applicants stated that the premises would not necessarily stay open until 12.30am Monday to Saturday, but the extended hours would give the business additional flexibility.

(d)            Questions for the Applicant from the Officers

There were no questions from the officers for the applicant.

(e)            Presentation of the Officers’ Case

The responsible authority for Planning had made a representation in relation to the existing planning consent for the premises, granted in 2001, which had restricted the hours of operation until 11.00pm Monday to Saturday and 10.30pm Sunday. If the applicants applied for planning permission to extend their hours of operation  ...  view the full minutes text for item 145.

            Decision required:

To consider an application to vary a premises licence at the Royal Ribs in Loughton.

9.1       An application to vary a Premises Licence for the above premises has been received, along with representations from the responsible authority for Planning.

The Sub-Committee considered an application to vary the Premises Licence at the Royal Ribs in Loughton High Road, Loughton. The three Councillors that presided over this item were Councillors Mrs J Davis, Mrs K Rush and K Wright. The Environmental Health Manager reported that the applicant, Mr K Bokhari, had not presented himself, as he was unaware that he had to attend the Sub-Committee for his application to be heard. Consequently, the applicant had requested that his application be deferred until the next meeting.

            RESOLVED:

That, due to the absence of the applicant, the application to vary a Premises Licence at the Royal Ribs in Loughton High Road, Loughton be deferred until the next meeting of the Sub-Committee.