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 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.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

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 Mr I Hayirli.

The three Councillors that presided over this item were Councillors R Morgan, Mrs P Rush and J Wyatt.

The Sub-Committee considered an application by Mr I Hayirli for a Hackney Carriage Driver’s Licence. Members noted his 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 I Hayirli be granted.

RESOLVED:

That the press and public be invited back to the meeting for the remaining items of business.

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

The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and J Wyatt. Also present were Ms F Williams representing Leisure Link.

The members of the Sub-Committee considered an application to upgrade to four gaming machines from the current three machines. Officers could not grant this under delegated authority

Presentation of the Applicants Case

Ms F Williams from Leisure Link, speaking on behalf of J D Weatherspoon, explained that they were looking to add an extra gaming machine at the Last Post, 227 High Road, Loughton. She produced figures to support her contention that the existing three gaming machines were being over used, which could result in queues for the use of the machines. An extra machine would help alleviate this.

The Environmental Health Manager asked for clarification of the figures supplied by Ms Williams, she explained that the figures showed that the machines were being used more than was average for them.

Councillor Wyatt asked that when the players use the machines do they tend to get into each other’s way? Ms Williams replied that it did happen especially with the two machines that were currently side-by-side. Councillor Wyatt then asked if cash would be left in the machine overnight. Ms Williams said that the machines were normally emptied twice a week, although in some case the licence holder had a set of keys for their own use.

Councillor Mrs McEwen asked if children could use the machines. She was told that they could not as they were positioned in full view of the bar. Asked if there had been any disturbances reported about the use of the machines Ms Williams replied that there had not been any reports of any kind of disturbances, no damage to the machine had occurred, the machines were visible from the bar and the pub has CCTV installed.

Consideration of the application by the Sub-Committee

The Chairman asked that Ms Williams leave the chamber in order for the Sub-Committee to consider the application in private. They did not ask for any advice from the officers.

            RESOLVED:

That the application to upgrade their current Gaming Machine Permit to four machines, in respect of the Last Post be granted subject to standards conditions.

To consider the attached report and application from the Café Mio, 85 High Street, Epping.

The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and J Wyatt. Also present were Mr Geoff Morris the proposed Licence holder for Café Mio.

The members of the Sub-Committee considered an application to licence Café Mio to play live and recorded music and to serve alcohol. Officers could not grant this under delegated authority because representations had been made to the Council.

The Environmental Health Manager informed the sub-committee that following objections raised by Planning Services, that Café Mio had agreed to alter their application and subsequent to this, Planning Services had withdrawn their objections.

The Environmental Health Manager also asked the sub-committee to reconsider the two written objections. The one from ‘Restobistro’ seemed to be based on commercial reasons and not valid licensing considerations. The other objection raised by a resident in St John’s Road, was some way away from the Café and again did not meet valid licensing considerations.

Given the above, the Chairman asked that Mr Morris leave the chamber in order for the Sub-Committee to consider the application and validity of the objections in private.

            RESOLVED:

That the objections raised were not considered valid under the consideration of the Act and the licence to serve alcohol and to play live and recorded music during the hours of Café Mio’s current opening times be granted.

To consider the attached report and application from the Royal Oak, Forest Road, Loughton.

Application withdrawn by the applicant.