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 Sartin be elected 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.

Exclusion: 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 following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: 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 and 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                                                                      Exempt Information

Item No            Subject                                             Paragraph No

6                      Hackney Carriage Drivers                                    4                     

                                    Licence Application –

                                    Mr J Young

7                      Private Hire Driver’s Licence                                  4

                        Exemption to Display Plate

-          Mr Sibley

8                      Private Hire Driver’s Licence                                  4

                        Exemption to Display Plate

-          Mr Lucas.

The sub Committee agreed to take agenda item 6, Mr Young’s application, after agenda item 8.

            Recommendation:

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

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

7.2              Mr Sibley has supplied reasons for his request, which is attached.

The Three Councillors that presided over this item were, Councillors Mrs Sartin, McMillan and Richardson.

The Sub-Committee considered an application by Mr Sibley for an exemption to display a Private Hire Vehicle Licence plate. Members noted that officers did not have delegated powers to grant this application and it must come before the Sub Committee for consideration.

The Chairman welcomed the applicant, introduced the members and officers present and explained the procedure that would be followed for the determination of this application.

The applicant made a short statement in support of his application, before answering a number of questions from the members of the Sub Committee. The Sub Committee asked the applicant to leave the chamber while they debated his application in private.

RESOLVED:

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

            Recommendation:

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

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

8.2              Mr Lucas has supplied reasons for his request, which is attached.

The Three Councillors that presided over this item were, Councillors Mrs Sartin, McMillan and Richardson.

The Sub-Committee considered an application by Mr Lucas for an exemption to display a Private Hire Vehicle Licence plate. Members noted that officers did not have delegated powers to grant this application and it must come before the Sub Committee for consideration.

The Chairman welcomed the applicant, introduced the members and officers present and explained the procedure that would be followed for the determination of this application.

The applicant made a short statement in support of his application, before answering a number of questions from the members of the Sub Committee. The Sub Committee asked the applicant to leave the chamber while they debated his application in private.

RESOLVED:

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

            Recommendation:

To consider an application for a Hackney Carriage Driver’s Licence from Mr J Young.

6.1              (Head of Environmental Services) An application for a Hackney Carriage Driver’s Licence was received from Mr Young.

6.2              Paragraph e(iii) of the delegated authority criteria prevents officers granting the licence in accordance with the Delegated Authority Rules.

6.3              Officers will report the details of the relevant offences verbally.

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

The Three Councillors that presided over this item were, Councillors Mrs Sartin, McMillan and Mrs Smith.

The Sub-Committee considered an application by Mr J Young 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 officer 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 then 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 Drivers License be granted to Mr Young subject to the Council’s standard terms and conditions.

            RESOLVED:

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

            Decision Required:

To consider an application to vary a premise licence at the Minx, 126 High Road, Loughton.

The application is outlined in the operating schedule attached. Representations have been received from the police, the responsible authority for environmental control and 12 interested parties.

At the behest of the applicants’ agents this item was withdrawn and will be considered at the next meeting.

            Decision Required:

To consider an application to vary a premises licence for the George and Dragon, Epping.

The application is outlined in the operating schedule attached. A representation from the responsible authority for environmental control and 76 representations from interested parties have also been received (attached).

The three Councillors that presided over this item were, Councillors Mrs Sartin, McMillan and Richardson. Also present were Ms Siggery, the Manager of the George and Dragon; Mr M Sharp and Mr B Sharp owner and licensee of the Half Moon, Public House, David Davis representing Punch Taverns; Mr R Smith, local resident and Mr C Sassons, local resident.

Members of the Sub-Committee considered an application to vary a premise licence for the George and Dragon, Epping to include the exhibition of films (i.e. Screening of the World Cup), the performance of live music and karaoke.

It was reported that the Districts Councils’ Environmental Control officer had withdrawn his objection following discussions held with the Manager of the George and Dragon.  However there were also representations received from local residents and from a neighbouring public house, the Half Moon.

Presentation of the Applicant’s case

Ms N Siggery, the manager of the George and Dragon explained that in order to stop having to apply for separate one off Temporary Entertainment Notices, they were applying for a blanket variation to cover their occasional musical events. As a resident living on the High Road (above the public house) she was aware of the problems that could be caused by late night venues. Her current licence allows her to open until 1am on Fridays and Saturdays, but they close at 12 midnight as they do not wish to extend their hours. During the week they close at 11 pm.

In response from a question from the chairman Ms Siggery agreed that they would only screen films etc. indoors and not outdoors. Responding to a question from Mr R Smith she clarified that her times of opening for the George and Dragon were from Sunday to Thursday 10.00 to 00.00 and from Friday and Saturday from 10.00 to 01.00. and replied to Mr Sassons that all entertainment would be held indoors and not outside.

Presentations of objector’s cases

Mr R Smith, local resident commented that he was concerned that the premise was situated in the centre of the High Street and that any future licence holder could use it to the full extent allowed by its opening hours. He also considered it an imposition on the local community that can also cause public order problems.

Mr C Sassons, local resident commented that he had originally objected because he thought that the George and Dragon was asking for longer opening hours, having listened to the case being explained he wanted to withdraw his objections to the application.

Applicants closing remarks

Ms Siggery wanted to add that they considered themselves to be a community pub that serves the local populace, and were aware of the problems that that could be caused by late night entertainment and opening.

Consideration of application by the committee

The Sub Committee retired to discuss the application in private where they took advice from the relevant officers on restricting the hours the entertainment licence if granted. The Sub Committee took into account the  ...  view the full minutes text for item 169.