Agenda and minutes

Following the publication of the agenda, Councillor K Wright had intimated that he would not be able to attend the meeting of the Sub-Committee, and had tended his apologies. Prior to the start of the meeting, Councillor Mrs P Smith had kindly agreed to take the place of Councillor K Wright.

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.

(a)            Pursuant to the Council’s Code of Member Conduct, Councillor P House declared a personal interest in the following item of the agenda, by virtue of the Loughton’s Residents Association having made a representation. The Councillor had determined that his interest was prejudicial and would leave the meeting for the consideration of the application and voting thereon:

·                     Licensing Act 2003 – Application to vary a Premises Licence - The Black Deer, Poundfield Road, Loughton.

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, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption was considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                      Exempt Information

Item No            Subject                                             Paragraph Number

6                      Hackney Carriage Driver’s Licence                       1

                        - Mr P Smith

7                      Hackney Carriage Driver’s Licence                       1

                        - Mr R Bernstein

8                      Hackney Carriage Driver’s Licence                       1

                        - Mr M Deacon

Decision Required:

To consider an application for a Hackney Carriage Drivers' Licence from Mr P Smith.

            The above-mentioned application for a Hackney Carriage Drivers Licence has been received. The application cannot be determined under delegated authority rules because the applicant’s CRB check has revealed offences that do not allow officers to grant this licence under delegated authority.  Further details will be given at the meeting.

The Sub-Committee considered an application by Mr P Smith for a Hackney Carriage Driver’s Licence. The Sub-Committee that presided over this item consisted of Councillors R Morgan, Mrs R Gadsby and P House. The Sub-Committee 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, introduced the members and officers present, and explained the procedure that would be followed for the determination of the application. His daughter, Miss T Smith, accompanied the applicant. 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 the application by Mr P Smith for a Hackney Carriage Driver’s Licence be granted, subject to the Council’s standard terms and conditions.

Decision Required:

To consider an application for a Hackney Carriage Drivers' Licence from Mr R Bernstein.

The above-mentioned application for a Hackney Carriage Driver’s Licence has been received. The application cannot be determined under delegated authority rules because the applicant’s DVLA licence has revealed offences that do not allow officers to grant this licence under delegated authority.  Further details will be given at the meeting.

The Sub-Committee considered an application by Mr R Bernstein for a Hackney Carriage Driver’s Licence. The Sub-Committee that presided over this item consisted of Councillors R Morgan, Mrs R Gadsby and P House. The Sub-Committee 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, introduced the members and officers present, and explained the procedure that would be followed for the determination of the application. 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 the application by Mr R Bernstein for a Hackney Carriage Driver’s Licence be granted, subject to the Council’s standard terms and conditions.

Decision Required:

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

The above-mentioned application for a Hackney Carriage Drivers Licence has been received.  The application cannot be determined under delegated authority rules because the applicant’s DVLA licence has revealed offences that do not allow officers to grant this licence under delegated authority.  Further details will be given at the meeting.

The Sub-Committee considered an application by Mr M Deacon for a Hackney Carriage Driver’s Licence. The Sub-Committee that presided over this item consisted of Councillors R Morgan, Mrs R Gadsby and P House. The Sub-Committee 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, introduced the members and officers present, and explained the procedure that would be followed for the determination of the application. Mr P Nelson, who was the manager of the company that Mr Deacon would work for if his application were granted, accompanied the applicant. 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. Following the determination of this application, the Sub-Committee adjourned at 10.45am and reconvened at 11.05am.

            RESOLVED:

That the application by Mr M Deacon for a Hackney Carriage Driver’s Licence be granted, subject to the Council’s standard terms and conditions.

            RESOLVED:

That the Public and Press be re-admitted to the meeting for the remaining items of business.

Decision Required:

To consider an application to vary a premises licence for Rockys (formerly Blue Mondays) Queens Road, Buckhurst Hill.

An application to vary a Premises Licence for the above premises has been received. Representations concerning the variation have been received from the responsible authorities for Environmental Protection, Planning and the Police.

The Sub-Committee that presided over this item consisted of Councillors R Morgan, Mrs R Gadsby and P House. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr A Smith, Area Manager for Punch Taverns; and Ms P Farthing, Designated Premises Supervisor. There were no objectors present. In attendance on behalf of Essex Police was Mr S Fisher, the Divisional Licensing Officer. In attendance on behalf of the responsible authority for Environmental Protection (Pollution Control) was Mr E Davis, and on behalf of the responsible authority for Planning were Mr J Evans and Ms A Wood. The Chairman then introduced the members and remaining officers present, and outlined 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 Rockys at 63 Queens Road in Buckhurst Hill, along with representations from interested parties. The application had requested permission to extend the hours for the supply of alcohol, recorded music, live music and late night refreshment until 1.00am and to remain open to the public until 1.30am on Thursday, Friday and Saturday nights, with a revised opening time of 8.00am for non-licensable activities on Monday to Saturday and 10.00am on Sundays. An additional variation was also proposed whereby the garden area would not be used for licensable activities, including the consumption of alcohol, after 11.00pm and would be closed at 12.00am for all activities. Furthermore, all windows and doors at the premises would remain closed from 7.00pm every night.

(b)            Presentation of the Applicant’s Case

Mr Smith informed the Sub-Committee that the premises wished to extend their licence for music and alcohol until 1.00am on Thursday, Friday and Saturday nights, although it was not intended to allow any live music to be played beyond midnight on any given night. The request to open at 8.00am was an attempt to transform the business to being more food-orientated by providing breakfasts, whilst it was intended to only keep the garden open for smokers from 11.00pm until midnight once the ban came into effect on 1 July 2007. Mr Smith stated that the premises would be happy to agree to the requests from Essex Police to close the garden at 11.00pm every evening, and the responsible authority for Planning to close the premises at 12.00am on Thursday nights.

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

Mr Smith responded that smokers would not be permitted to take their drinks to the garden, hence they would not congregate and make any excessive noise to the detriment of local residents. However, there could be doormen in place for access to the garden from 9.00pm if the Sub-Committee so desired. The Designated Premises Supervisor would always be on site when the premises were open after 11.00pm, and two other members of staff were also currently studying  ...  view the full minutes text for item 76.

Decision Required:

To consider an application to vary a premises licence for The Black Deer, Poundfield Road, Loughton.

An application to vary a Premises Licence for the above premises has been received. Representations concerning the variation have been received from the responsible authorities for Environmental Protection and Planning. Representations concerning the variation have also been received from 9 interested parties.

The Sub-Committee that presided over this item consisted of Councillors R Morgan, Mrs R Gadsby and Mrs P Smith. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr J Witchell, the Designated Premises Supervisor; and his wife, Mrs T Witchell. In attendance and objecting to the application was Mrs B Kelly. In attendance on behalf of Essex Police was Mr S Fisher, the Divisional Licensing Officer. In attendance on behalf of the responsible authority for Planning were Mr D Baker and Ms A Wood. The Chairman then introduced the members and remaining officers present, and outlined 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 Black Deer in Poundfield Road, Loughton, along with representations from interested parties. The application had requested permission to supply alcohol from 11.00am to 12.00am on Sundays to Thursdays, and from 11.00am to 1.00am on Fridays and Saturdays. In addition, permission had been requested for other licensable activities such as live and recorded music, indoor sporting events and the hours that the premises were open to the public to be from 11.00am to 12.30am on Sundays to Thursdays and from 11.00am to 1.30am on Fridays and Saturdays. The application had also requested permission to remain open for licensable activities until 2.30am on Christmas Eve and 1.30am on Good Friday.

The Environmental Health Manager advised the Sub-Committee that representations had been received from the responsible authorities for Environmental Protection (Noise Pollution) and Planning. Following negotiations between the applicant and the respective responsible authorities, it was confirmed that the applicant had accepted the proposed conditions regarding noise and the use of the outside areas and, as a result, both responsible authorities had confirmed the withdrawal of their representations. It was also confirmed that Essex Police had made no objections to the application.

(b)            Presentation of the Applicant’s Case

Mr Witchell reiterated that the application was to vary the Premises Licence as had been outlined by the Environmental Health Manager. The Sub-Committee were informed that the sale of alcohol would end 30 minutes before the other licensable activities on both Christmas Eve and Good Friday. The premises were currently licensed from 11.00am to 11.00pm on Mondays to Saturdays, and 12.00pm to 10.30pm on Sundays. The Sub-Committee were reminded that the Black Deer was a local public house primarily for local people.

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

Mrs Witchell responded that on Fridays and Saturdays, any live music, and dancing, would be unlikely to begin before 8.00pm and would probably be finished by 12.00am.  Recorded music would be most likely played from 11.00am to midnight on Saturdays and Sundays, whilst the indoor sports would only take place on Mondays and Tuesdays, again from approximately 8.00pm to midnight. The hours requested within the  ...  view the full minutes text for item 77.