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 M Cohen be elected Chairman for the duration of the Sub-Committee meeting.

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

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor K Chana declared a personal interest in item (7) of the agenda (Application for a Premises Licence – Chigwell Row Post Office, Lambourne Road), by virtue of living close to the application premises. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon.

Pursuant to the Council’s Code of Member Conduct, Councillor M Cohen declared a personal interest in item (8) of the agenda (Application to vary a Premises Licence – Royal Oak, Forest Road, Loughton), by virtue of being the ward member. The Councillor had determined that his interest 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, 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 is 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 J Perry

(Head of Environmental Services). To consider the attached application.

The three Councillors that presided over this item were Councillors M Cohen, K Chana and Mrs R Gadsby.

The Sub-Committee considered an application by Mr J Perry for a Hackney Carriage Driver’s License. Members noted his CRB check had revealed offences that did not allow officers to grant this license under delegated authority.

The Chairman welcomed the applicant and introduced the members and officers present. The Environmental Principal Team Leader informed the Sub-Committee of the circumstances under which the license 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 the license.

            RESOLVED:

That the application to issue a Hackney Carriage Driver’s License to Mr John Perry be granted.

            RESOLVED:

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

(Head of Environmental Services). To consider the attached application.

The three Councillors that presided over this item were Councillors M Cohen, K Chana and Mrs Gadsby. Also in attendance were Mr and Mrs Balakumar. Mrs C Balakumar being the nominated licence premises supervisor.

The members of the Sub-Committee considered an application for a Premises Licence for Chigwell Row Post Office, Lambourne Road. Officers could not grant this under delegated authority because a representation from an interested party had been made to the Council.

Presentation of the Applicants Case

Mr Balakumar began by saying that people tend to arrive after 6pm (when the other shop that sells alcohol closes) looking to buy beer and wine, hence the reason they are looking to sell alcohol from their post office until they close at 22.00 hours. Mrs Balakumar added that they have another shop and have never had any complaints or experienced any problems with under age persons trying to buy alcohol.

Councillor Mrs Gadsby asked if they sold alcohol at present. Mr Balakumar replied that they did not. Another small shop nearby sells alcohol up to 6pm.

Councillor Chana commented that as they were new to the area, had they experienced any trouble with the young people of the area. Mr Balakumar replied that if you treated them nicely and got to know them they posed no problems. If you tell them once that you could not sell them alcohol, they would not come back.

Councillor Chana asked how they would ensure that they did not sell alcohol to underage persons through someone else. Mr Balakumar replied that they would observe the people waiting outside the shop.

Councillor Cohen asked if they had a club elsewhere and who would run the off licence. Mrs Balakumar replied that they had a Banqueting Hall with a bar, in East Ham and that she would be the licence holder, as she is the postmaster. Councillor Cohen then asked how many other staff would they have. He was told three, including a sub postmaster.

Applicant’s Closing Statement

Mrs Balakumar said they would not encourage the youths. So far there had been no problems with any of the youths in the area.

Consideration of the Application by the Sub-Committee

The Sub-Committee retired to discuss the application in private, where they considered the experience of the applicants, the area concerned and that only one objection was received. They did not ask for any advice from the officers.

            RESOLVED:

It was agreed to grant the application for a Premises Licence for Chigwell Row Post Office, Lambourne Road.

(Head of Environmental Services). To consider the attached application.

The three Councillors that presided over this item were Councillors M Cohen, K Chana and Mrs Gadsby. Also present were Mr D Baker from Planning Services, Mr E Davis, from the Environmental Health Services, Mr M Witham a Licensing Enforcement Officer, Mr M Beckett the applicant, Mr K Hoddinott his agent, Councillor Janet Woods from Loughton Town Council and approximately 18 members of the public.

The members of the Sub-Committee considered an application to vary the Premises Licence for the Royal Oak, Forest Road, Loughton. Officers could not grant this under delegated authority because the application had attracted representations from the responsible authorities for Planning, Environmental Control and a number of interested parties.  They also heard from the Licensing Enforcement Officer that he had visited the premises on Friday, 27 July and had observed, what in his opinion, a DJ playing music. This was at 9.30pm. He stayed for approximately 15 minutes.

Presentation of the Applicants Case

Mr Hoddinott presenting the applicants case started by saying that this was an application to provide live music. The premises had this under the 1963 act but lost it under the 2003 act. It was thought that this would be transferred over with their ‘grandfather rights’, but it was not. Therefore this application was just to reinstate the provision that had been lost.

Councillor Cohen asked why this had not been included with the original application. Mr Hoddinott replied that they had assumed that their ‘grandfather rights’ included this provision. When they realised it did not, they decided it was better that they applied for it. Mr Beckett added that when it was drawn to his attention in April, he applied.

Councillor Cohen asked why was a DJ playing music at his premises on Friday. Councillor Cohen referred to the Council Officer, Mr Witham, who had attended the pub on 27 July and witnessed a DJ playing music. Mr Beckett said that their normal CD system had broken down and they had to bring in a temporary system, which may have looked like a DJ system. There was no DJ there. Also his sister was in charge that day as he was on holiday.

Asked about the type of Pub he ran by Councillor Cohen, Mr Beckett said that they had a restaurant and showed sports, they tend to cater for 30-45 year olds. They had a survey done. He was also asked about how many of his clients lived in the roads around the pubs. Mr Beckett replied that there are a lot of Loughton residents some of which live in the roads around the pub who frequent his establishment. Councillor Cohen then asked how he explained the number of objections received; the numbers of objections were unusual. Mr Beckett replied that they were not all about the music; some were about the parking, litter and damage to property. Where does it stop being his responsibility? We do ask people to be quiet on leaving, arrange for taxis to come to the  ...  view the full minutes text for item 23.