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 P Smith 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 Conduct.

The Sub–Committee noted the procedure agreed for the conduct of business and 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

            Recommendation:

To consider an application to renew a Hackney Carriage Drivers' Licence from Mr S G Smith

1.         (Head of Environmental Services) An application to renew a Hackney Carriage Drivers'  Licence was received from Mr Smith.                                 

2.                  Mr Smith’s DVLA licence shows an offence, which has required officers to refuse the application in accordance with the Delegated Authority Rules.

3.         A copy of Mr Smith’s DVLA driving licence is attached. 

4.         A copy of Mr Smith’s appeal form is attached.

The Three Councillors that presided over this item were, Councillors Mrs Smith, Mrs Gadsby and Mrs Rush.

The Sub-Committee considered an application by Mr S G Smith 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 S G Smith subject to the Council’s standard terms and conditions.

            Recommendation:

To consider an application to renew a Hackney Carriage Drivers' Licence from Mr G Morse

1.         (Head of Environmental Services) An application to renew a Hackney Carriage Drivers'  Licence was received from Mr Morse.                                 

2.      Mr Morse’s DVLA licence shows an accumulation of points, which has required officers to refuse the application in accordance with the Delegated Authority Rules.

3.         A copy of Mr Morse’s DVLA driving licence is attached. 

4.         A copy of Mr Morse’s appeal form is attached.

The Three Councillors that presided over this item were, Councillors Mrs Smith, Mrs Gadsby and Mrs Rush. During the course of the hearing, Councillor Mrs Gadsby received an urgent message that necessitated her leaving the meeting immediately. Councillor Mrs McEwen who had been sitting in reserve listening to the proceedings took her place on the Sub-Committee.

The Sub-Committee considered an application by Mr G Morse for the renewal of 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 Sub-Committee had some difficulty in making sense of the dates of the convictions and the penalty issued as listed in his Driving Licence, as they were hand written and out of sequence. The applicant also contended that there were too many penalty points issued. The Environmental officer had requested clarification from the DVLA, but this had not arrived as yet.

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 G Morse for a period of one month (due to exceptional circumstances), subject to the Council’s standard terms and conditions, pending clarification from the DVLA. His case is to be reviewed again at the next meeting of the Licensing Sub-Committee, on 6^th July 2006.

RESOLVED:

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

            Decision Required: 

To consider the application for The Three Colts, 54 Princes Road, Buckhurst Hill

1.         (Head of Environmental Services) The application is attached.

2.         A representation has been received from the responsible authority for Planning together with a letter of objection signed by 33 people and individual letters from 26 interested parties some of whom are signatories to the aforementioned petition. 

3.         In addition officers have received 2 letters from interested parties supporting the application.

The three Councillors that presided over this item were, Councillors Mrs Smith, Mrs Rush and Mrs McEwen. Also present was David Heeks, Licence Holder; Brian Harris, Licensing Agent; Graham Knight, objector; and John Evans from EFDC Planning Services.

Members of the Sub-Committee considered an application to vary a premises licence for the Three Colts, 54 Princes Road, Buckhurst Hill. It was to:

1.                  Provide late night refreshment from 10.00 to 01.00 hours Sunday to Thursday and 10.00 to 02.00 hours Friday to Saturday;

2.                  Sale of alcohol from 10.00 to 12.30 hours, Sunday to Thursday and 10.00 to 01.30 hours Friday to Saturday;

3.                  Regulated entertainment to include sporting events and amplification of voice during opening hours;

4.                  Removal of restrictions on Children between 10.00 and 20.00 hours; and

5.                  To licence existing garage space.

It was reported that representation had been received from the responsible authority for Planning Services, a letter of objection signed by 33 people an individual letters from 26 interested parties, some of who were signatories to the aforementioned petition. In addition the officer had received 2 letters from interested parties supporting the application.

Presentation of the Applicant’s Case

Mr Harris, the applicant’s agent, reported that Mr Heeks took on the premises 6 months ago after spending 21 years in the Fire Brigade. He explained that Mr Heeks had initially asked to supply alcohol until 01.00; he is now amending that request to stop at midnight on every night. He was also happy to have a condition put on to put up notices asking people to leave quietly and to have no admissions after 23.00 hours. Mr Harris also requested that a half hour ‘drinking up time’ be added so that the actual closing time would be 00.30 hours.

Mr Harris noted that there was some concern about the indoor sporting activities that were mentioned in the application. He clarified this by saying it would be Pool and Darts, and the amplified voice would be for a quiz night to be held on Sundays.

Mr Heeks would like to provide food in the future, and to this end would like to convert his garage into a small restaurant. He would like Children to have access to the premises between 10.00 and 20.00 hours, but would not allow any children to be admitted after 20.00 hours. In response to a question he clarified that Children already in the pub before the 20.00 deadline would be allowed to stay, but he would not allow entrance to children after 20.00.

Mr Harris said that Mr Heeks thought of his place as an older peoples pub, and therefore did not allow in people under the age of 23. He was asked how he would handle admissions after 23.00. Mr Heeks replied that had had three experienced staff that would help out.

Mr Knight asked him about patrons in the garden after 23.00 what would happen to them? Mr Heeks replied that they would be asked to come inside at that  ...  view the full minutes text for item 8.

Recommendation:

To consider an application from Mr Roger Anthony Holland to renew a street trading consent to sell fast food from a site in Honey Lane, Waltham Abbey, the food to be sold from a towed burger van.

1.         For the purposes of street trading, all streets within the district have been designated consent streets, which means that anyone wishing to trade must obtain a consent from the Council.

2.         An application to renew such a consent (attached) has been received from Mr Holland who trades as Rebels Diner in Honey Lane, Waltham Abbey.

3.            Objections to the application have been received from:

·         District Councillors McMillan, Spinks and Stavrou;

·         County Councillor Webster; 

·         4 local residents;

·         The Highways Authority; and

·         Waltham Abbey Town Council.

4.         Copies of the objections are attached.

5.            Objections having been received, officers do not have delegated authority to grant the consent.

6.         If the application is granted officers request that it be subject to the current conditions.

The three Councillors that presided over this item were, Councillors Mrs Smith, Mrs Rush and Mrs Gadsby. Also present was Mr Holland, the applicant.

The Sub-Committee considered an application to renew a street trading consent to sell fast food from a site by Honey Lane, Waltham Abbey; the food is to be sold from a towed burger van. Objections have been received from District Councillors McMillan, Spinks and Ms Stavrou; County Councillor Webster; 4 local residents; the Highway Authority; and Waltham Abbey Town Council.

Presentation of the Applicant’s Case

The Chairman introduced the Committee and Officers to the applicant and asked him to present his case. He went through the objections and listed the remedial work that he had undertaken since last year. They were:

(i)                  He had now erected a fence and clears away any rubbish from around the area of his van and from the gardens of the nearby properties;

(ii)                He has hired a new pest control company and has widened the catchment area to 100 feet either side of the van; no evidence of rats have been found so far;

(iii)               He produced photographs of the area to demonstrate that the road is wide enough to take the traffic;

(iv)              He has checked with the police and can state that there have been no reported accidents over the last 23 years (the time that the burger van has been there);

(v)                There are bollards along the road by his van to stop lorries parking;

(vi)              As for the picnic tables, the land in front of the van is said by the police to be common land so he set up picnic tables there. If he is wrong then he apologies and said he would check with the highways people;

(vii)             Last year he was asked to put four bins out, which he did. He padlocks the bins when he is not trading there. The Council (EFDC) has also put their own bins there, but they are not emptied regularly – and so he stated that it was not his rubbish that was causing the problem;

(viii)           He was not sure why Highways had objected this year as they had not last year;

(ix)              Skillett Hill Farm has now got a café, a scaffolding business and a car wash. Lorries are parking outside on the road and are causing problems. They will not pay the £12.50 parking fee in the lorry park and park on the road for free;

(x)                He brought the attention of the sub-committee to the letter in support of his business from the bungalow opposite;

(xi)              He told the Sub-Committee that he wised to reduce his opening hours and instead of closing at 7am, he now wished to close at 5am. He wished to do this because in opening till 7am, he was catching the early morning customers and found it difficult to close up while he still had customer waiting;

(xii)             The Sub-committee noted that there was a toilet attached to his  ...  view the full minutes text for item 9.