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 M Sartin 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.

(a)            Pursuant to the Council’s Code of Member Conduct, Councillor Ms S Stavrou declared a personal interest in item (6) of the agenda (Application for a Premises Licence from Market Kebabs, Market Square, Waltham Abbey) by virtue of being the Deputy Mayor of Waltham Abbey. The Councillor had determined that her interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon.

(b)            Pursuant to the Council’s Code of Member Conduct, Councillor Mrs J Davis declared a personal interest in item (7) of the agenda (Application to vary a Premises Licence from The Winston Churchill, The Broadway, Loughton) by virtue of being the ward member for the premises. The Councillor had determined that her interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon.

(c)            Pursuant to the Council’s Code of Member Conduct, Councillor F Maclaine declared a personal interest in item (8) of the agenda (Application to vary a Premises Licence from Ye Olde Kings Head, High Road, Chigwell) by virtue of being a patron of the premises. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the application 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 an application for a premises licence at Market Kebabs in Waltham Abbey.

(Head of Environmental Services) An application for a premises licence to provide late night refreshment only has been received in relation to the above premises, along with representations from interested parties (Appendix 1).

The three Councillors that presided over this item were Councillors Mrs M Sartin, Mrs J Davis and F Maclaine. Councillor Ms S Stavrou had declared a prejudicial interest in this application and confirmed that she had no spoken o any member of the Sub-Committee regarding the application. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee and Officers. In attendance as objectors were: Miss V Parsley; and Mrs D Heady. The applicant was not 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 for a Premises Licence had been received in respect of Market Kebabs in Market Square, Waltham Abbey along with representations from interested parties. The application had requested permission to provide Late Night Refreshment until 12.00am from Sunday to Thursday, and 1.00am from Friday to Saturday.

(b)            Presentation of the Objector’s Case

Miss Parsley informed the Sub-Committee that there was a lot of refuse in the street resulting from the shop such as packaging and unwanted food; some of this refuse had also been deposited in the gardens of local residents. There was also considerable nuisance from cars visiting the premises in the evenings. Market Street was narrow, and vehicles would park on the pavement blocking pedestrians as well as reducing access for other vehicles. There was also the noise generated by the cars and their passengers that disturbed the nearby residents. Miss Parsley stated that there could be groups of up to 30 youths in the street at any one time, which Miss Parsley did not wish to confront on her own as there appeared to be no Police Presence in Market Square late at night. Finally, there was also a problem with public urination late at night, either in resident’s gardens or the nearby Market Stalls.

Mrs Heady concurred that cars would park on the pavements in the vicinity of the premises, and that noise from both the cars and passengers would disturb the sleep of residents. Customers also frequently ignored the yellow lines forbidding parking in the vicinity of the premises. Mrs Heady confirmed that food and packaging frequently littered the street, and that Mrs Heady was not prepared to confront the miscreants. Mrs Heady informed the Sub-Committee that she found the whole situation very distressing.

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

In response to questions from the Sub-Committee, Mrs Heady alleged that the premises currently closed between 12.30am and 1.00am, and stated that the customers did not use the bins provided outside the premises by the business. Miss Parsley claimed the premises probably opened later than 1.00am on a Friday and Saturday, and reiterated that customers continually deposited litter on the surrounding streets.

(d)            Consideration of the Application by the Sub-Committee

The Environmental Health Manager advised the Sub-Committee that the establishment required a licence for  ...  view the full minutes text for item 93.

            Decision Required:

To consider an application to vary a premises licence at the Winston Churchill in Loughton.

(Head of Environmental Services) 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 Planning (Appendix 2).

The three Councillors that presided over this item were Councillors Mrs M Sartin, F Maclaine and Ms S Stavrou. Councillor Mrs J Davis had declared a prejudicial interest in this application and confirmed that she had not spoken to any member of the Sub-Committee regarding the application. 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 Mr C Davis, from the Spirit Group, and Mr E Nash, the designated Premises Supervisor. In attendance as objectors were Mr and Mrs Field, and Mr Collins. 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 Winston Churchill public house in The Broadway, Loughton, along with representations from interested parties. The application had requested permission:

·                     to serve alcohol from 10.00am until:

o                   12.00am on Monday to Wednesday;

o                   1.00am on Thursday;

o                   1.30am on Friday and Saturday; and

o                   12.30am on Sunday;

·                     to provide late night refreshment from 11.00pm until:

o                   1.00am on Monday to Wednesday;

o                   2.00am on Thursday;

o                   2.30am on Friday and Saturday; and

o                   1.30am on Sunday;

·                     for the premises to be open from 9.00am until:

o                   1.00am on Monday to Wednesday;

o                   2.00am on Thursday;

o                   2.30am on Friday and Saturday; and

o                   1.30am on Sunday; and

·                     for Live Music, Recorded Music and Dancing from 10.00am until:

o                   12.00am on Monday to Wednesday;

o                   1.00am on Thursday;

o                   1.30am on Friday and Saturday; and

o                   12.30am on Sunday.

The application had also requested that all permissions be extended by 1 hour on Saints Days, Bank Holidays, and for occasions of local, national and international importance, provided prior notice and agreement had been sought from the Police.

(b)            Presentation of the Applicant’s Case

Following the publication of the agenda and the representations that had been received, Mr Davis from the Spirit Group offered the following variations to the hours that had been requested:

·                     sale of alcohol from 10.00am to:

o                   12.00am on Sunday to Thursday; and

o                   1.00am on Friday to Saturday;

·                     provision of late night refreshment from 11.00 pm until the end of sale of alcohol; and

·                     premises open to the public from 9.00am until 1 hour after the sale of alcohol finishes.

In addition, Mr Davis also withdrew the request for an extra hour on occasions of local, national and international importance, and on the Monday of a Bank Holiday Weekend. Mr Davis reiterated that the premises wished to retain an hour’s drinking up time following the end of the sale of alcohol. Mr Davis also informed the Committee that the representations from the responsible authority for Planning had been withdrawn as it had been agreed to close and clear the outside area by 11.30pm each evening.

Mr Nash, the designated  ...  view the full minutes text for item 94.

            Decision Required:

To consider an application to vary a premises licence at Ye Old Kings Head in Chigwell.

(Head of Environmental Services) An application to vary a premises licence for the above premises has been received, along with representations from the responsible authorities for Planning and Environmental Control, as well as interested parties (Appendix 3).

The three Councillors that presided over this item were Councillors Mrs M Sartin, Mrs J Davis and Ms S Stavrou. Councillor F Maclaine had declared a prejudicial interest in this item, and confirmed that he had not spoken to any member of the Sub-Committee regarding the application. 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 Mr C Davis from the Spirit Group, and Mr M Bliss and Mrs S Bliss who were the current designated Premises Supervisors. In attendance on behalf of the objectors was the local ward member Councillor J Knapman, who confirmed that he had not spoken to any member of the Sub-Committee previously regarding the application. Mr R Gardiner represented the responsible authority for Environmental Health, whilst Mr J Evans and Mr D Baker represented the responsible authority for Planning. 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 Ye Olde Kings Head in High Road, Chigwell, along with representations from interested parties and the responsible authorities for Environmental Health and Planning. The application had requested permission:

·                     to serve alcohol from 10.00am to 1.00am on Monday to Sunday;

·                     to provide late night refreshment from 11.00pm to 1.30am on Monday to Sunday;

·                     to permit the performance of live and recorded music, plus karaoke and dancing from 10.00am to 1.00am on Monday to Sunday;

·                     to permit the premises to be open to the public from 9.00am to 1.30am on Monday to Sunday;

·                     to extend all licensable activities by one hour on all Saints days with seven days notice and agreement from Essex Police; and

·                     to extend all licensable activities by one hour with fourteen days notice and agreement from Essex Police on:

o                   the Friday, Saturday, Sunday and Monday of all statutory bank holiday weekends;

o                   Maundy Thursday;

o                   Christmas Eve; and

o                   occasions of local, national and international significance, limited to twelve per year.

(b)            Presentation of the Applicant’s Case

Following the publication of the agenda, and the representations made by the interested parties and responsible authorities for Environmental Health and Planning, Mr Davis offered the following variations to the application:

·                     to serve alcohol from 10.00am to 12.00am on Sunday to Thursday;

·                     to provide late night refreshment from 11.00pm to 12.30am on Sunday to Thursday;

·                     to permit the performance of Live Music from 10.00am to 11.00pm on Monday to Sunday;

·                     to permit the performance of Recorded Music from 10.00am to 12.00am on Sunday to Thursday; and

·                     to permit the premises to be open to the public from 9.00am to 12.30am on Sunday to Thursday.

In addition, Mr Davis agreed to the conditions suggested by the responsible authorities for Planning and Environmental Health, that the Premises Supervisor would monitor the volume  ...  view the full minutes text for item 95.