Agenda and minutes

Councillor Mrs R Gadsby gave her apologies for this meeting. Councillor Mrs P Smith was kind enough to replace her.

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.

Pursuant to the Council’s Code of Member Conduct, Councillors Mrs P Smith and R Morgan declared a personal interest in item 11 of the agenda (Application for a Premises Licence for Copped Hall, Crown Hill, Epping), by virtue of having known the speaker on this item, John Padfield, when he was a District Councillor. The Councillors had determined that their interests was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon.

The Sub-Committee and attendees 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 not be excluded from the meeting for the item of business set out below, except for some evidence that may fall into the categories below and will be heard in private on the grounds that they would involve the disclosure of exempt information as defined below in the relevant Paragraph of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972:

Agenda                                                                      Exempt Information

Item No            Subject                                             Paragraph No

To consider the attached report and application from Mrs T Biscoe

The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and Mrs P Smith.

The Sub-Committee considered an application by Mrs T Biscoe for a Hackney Carriage Driver’s Licence. Members noted her CRB check had revealed offences that do not allow officers to grant this Licence under delegated authority.

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 her application before answering a number of questions from members of the Sub-Committee.

The Sub-Committee considered the application in private and subsequently decided to grant her a licence.

            RESOLVED:

That the application to issue a Hackney Carriage Driver’s Licence to Mrs T Biscoe be granted.

To consider the attached report and application from Mr J Williams.

The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and Mrs P Smith.

The Sub-Committee considered an application by Mr J Williams for a Hackney Carriage Driver’s Licence. Members noted hisr CRB check had revealed offences that do not allow officers to grant this Licence under delegated authority.

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 Sub-Committee considered the application in private and subsequently decided to grant him a licence.

            RESOLVED:

That the application to issue a Hackney Carriage Driver’s Licence to Mr J Williams be granted.

To consider the attached report and application from Mr H Kelali.

The three Councillors that presided over this item were Councillors R Morgan, P House and Mrs M McEwen.

The Sub-Committee considered an application by Mr H Kelali for a Hackney Carriage Driver’s Licence. Members noted his CRB check and DVLA licence check had revealed offences that do not allow officers to grant this Licence under delegated authority.

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 Sub-Committee considered the application in private and subsequently decided to grant him a licence.

            RESOLVED:

That the application to issue a Hackney Carriage Driver’s Licence to Mr H Kelali be granted.

To consider the attached report and application from 1 Farmhill Road, Waltham Abbey.

The three Councillors that presided over this item were Councillors R Morgan, P House and Mrs McEwen. Also present were Mr E Ozdil and Mr G Ozdil the joint applicants, and Mrs P Hall an objector.

The members of the Sub-Committee considered an application to sell alcohol from 1 Farmhill Road, Waltham Abbey, between the hours of 07.00 to 23.00 Monday to Sundays.

It was reported that there were several objections by interested parties and a petition against the application.

Presentation of the Applicants Case

The applicant, Mr E Ozdil explained that their idea was to open a mini-market. Problems had been raised about litter and parking but they were the Council’s problem. The police had not objected.  Mr Ozdil suggested that the row of shops across the road would prove more of a problem. As they were not open as yet, they were willing to reduce the requested hours for selling alcohol.

Councillor House commented that customers would arrive in cars and that Sewardstone Road was a very busy one. Mr E Ozdil replied that Farmhill Road was just off Sewardstone Road and that it had a single yellow line on it. Mrs P Hall asked what opening times they were planning on using. Mr Ozdil replied that they would settle for 09.00 to 22.00 as the times for the sale of alcohol.

Presentation of the Objectors case

Mrs Hall explained that her objections stemmed from the past when the last shop to occupy 1 Farmhill Road was a sweet/tobacco shop that sold some groceries. They applied for a licence to sell alcohol but was refused. This shop also used to cause problems with vehicles turning left from the traffic lights and parking from yellow lines. The area is predominantly residential, with only the betting office open outside shop hours.

Councillor Morgan asked Mrs Hall if the proposed shop did not intend to sell alcohol would she object to it. She replied that she would not.

Applicants closing remarks

Mr E Ozdil said that there was a kabab shop and a tavern open until late in the area. This was a busy road and there will always be problems with parking. The off licence would not be a major contributor to his business, just a part.

The Environmental Health Manager confirmed that there had been no objections from the Police and Highways authority.

Consideration of the application by the Sub-Committee

The Sub-Committee retired to discuss the application in private. They considered advice from officers on zoning and saturation, which were not relevant issues to be taken into consideration.

            RESOLVED:

That the application for a license to supply alcohol from 1 Farmhill Road, Waltham Abbey from 09.00 to 22.00 hours from Monday to Sunday be granted, subject to the provisions derived from the Operating Schedule of the Council.

To consider the attached report and application from the Last Post, High Road, Loughton.

Application deferred.

To consider the attached report and application from Copped Hall, Crown Hill, Epping.

The three Councillors that presided over this item were Councillors R Morgan, P House and Mrs P Smith. Also present were John Padfield who represented the Copped Hall Trust and Mr Adrian Hutchins, an objector and Mr and Mrs Moss.

The members of the Sub-Committee considered an application for a premises Licence to sell alcohol, put on plays, dance and live music events from 14.00 to 22.00 hours on Mondays, Fridays, Saturdays and Sundays.

It was reported that there were several objections by interested parties.

Presentation of the Applicant’s Case

Mr Padfield said that constraints had been put on the Trust on how they operate. The venue is very popular, but they would (and have) reject events that they deemed unsuitable. The Hall needs funds to restore it after the fire of 1917 and these are partly gained from events put on at the Hall. They will not embark on wider and bigger commercial events.

The Trust is dependant on volunteer support.

As the Legislation had changed a few years back they have now deemed it suitable to get a permanent premises licence to cover all their events held over the year.

Mr Padfield drew the Sub-Committees attention to page 56 of the agenda, table on the provision of facilities for making music and the “use of the premises for musical events to hirers”. On reflection the Trust had decided to withdraw this bit from the application.

The Sub-Committee noted the Trust worked closely with the City of London who has control of the driveway. They accept that they have problems with the residents and will endeavour to work with them and the City of London and the local Council to sort out any difficulties that may arise.

Councillor House was worried about the staging of pop concerts and such like and sought assurance that nothing like that would take place. Mr Padfield assured Councillor House that there would be no commercial pop concerts, although they were keen to encourage youth to attend the events and these events may entail some pop or jazz.

Councillor House commented that an alcohol licence would make the premise more attractive and bring in more people. Mr Padfield replied that they did not want it to happen and constraints were there to control this.

Councillor Mrs Smith asked if the whole of the area indicated on the map on page 62 of the agenda was the licensable area? Mr Padfield said that were advised that they should do this, as Plays in particular, could be staged around the garden. Asked about the use of amplification outside, Mr Padfield said it would be done by professionals and kept to a minimum. Residents have not been unduly disturbed by noise in the past.

Councillor Mrs Smith asked what the definition was of a summer season was as set out under table ‘O’ on page 58 of the agenda. Mr Padfield said it was for a small café for public use, run by volunteers.

The Environmental Health  ...  view the full minutes text for item 102.