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.

(a)            Pursuant to the Council’s Code of Member Conduct, Councillor P House declared a personal interest in item (8) of the agenda (Application to vary a Premises Licence – Nu Bar, Loughton) by virtue of having made a written representation regarding the application as a local resident. The Councillor had determined that his interest was prejudicial and would step down from the Sub-Committee for the consideration of the application and voting thereon.

(b)            Pursuant to the Council’s Code of Member Conduct, Councillors R Morgan, R D’Souza and Mrs M McEwen declared a personal interest in item (8) of the agenda (Application to vary a Premises Licence – Nu Bar) by virtue of being acquainted with two of the correspondents who had made representations regarding the application. The Councillors had determined that their interest was not prejudicial and would remain on the Sub-Committee for the consideration of the application and voting thereon.

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.

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No            Subject                                                         Paragraph Number

6                      Hackney Carriage Driver’s Licence -                                 1

                        Mr S Sadler

7                      Hackney Carriage Driver’s Licence -                                 1

                        Mr P Lodge

Decision Required:

To consider an application for a Hackney Carriage Driver’s Licence from Mr S Sadler.

An application for a Hackney Carriage Driver’s Licence has been received from Mr S Sadler. The application cannot be determined under delegated authority rules because the applicant’s CRB check has revealed offences, which 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 S Sadler for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Morgan, D’Souza and House. 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, introduced the members and officers present, and explained the procedure that would be followed for the determination of the application. The Environmental Services Principal Team Leader 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 a Hackney Carriage Driver’s Licence be granted to Mr S Sadler, subject to the Council’s standard terms and conditions.

Decision Required:

To consider an application for a Hackney Carriage Driver’s Licence from Mr P Lodge.

An application for a Hackney Carriage Driver’s Licence has been received from Mr P Lodge. The application cannot be determined under delegated authority rules because the applicant’s CRB check has revealed offences, which 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 Lodge for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Morgan, D’Souza and House. 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 Services Principal Team Leader 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 a Hackney Carriage Driver’s Licence be granted to Mr P Lodge, subject to the Council’s standard terms and conditions.

Recommendation:

To consider an application for a premises licence for the Nu Bar, 153 High Road, Loughton.

An application to vary a premises licence for the above premises has been received. Representations concerning the variation have been received from various interested parties, and will be distributed in due course.

The three Councillors that presided over this item were Councillors Morgan, D’Souza and Mrs McEwen. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr S Look, Area Manager for Greene King; Mr A Brooks, Designated Premises Supervisor; Mr C Davis, Legal Representative for the applicant; and Miss V Flowers, Legal Assistant to Mr C Davis. In attendance as objectors to the application were Mr E and Mrs J Clark, and Councillor P House, all of whom were resident in the vicinity of the premises and had made representations during the consultation period. The Chairman then introduced the members and 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 Services Principal Team Leader informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of the Nu Bar in Loughton, along with representations from interested parties. The application had requested permission to vary the existing licence such that:

(i)         alcohol could be served until midnight Sunday to Thursday, and 2.00am on Friday and Saturday;

(ii)        the premises could remain open to the public until 30 minutes after the end of sale of alcohol; and

(iii)       live and recorded music, and other associated activities such as dancing and karaoke, could be provided whilst the sale of alcohol was permitted.

(b)            Presentation of the Applicant’s Case

Mr Brooks informed the Sub-Committee that he had been appointed as the Manager and Designated Premises Supervisor 18 months ago, when he had signed a 20-year lease with Greene King. Mr Brooks had been a city trader but had made a significant financial investment in the premises when he acquired them, and the involvement of his mother made the premises a family-run business. Mr Brooks was aware that the premises had had an unsavoury reputation in the past, but was vastly different now. During the day, it was more of a café style business until 7.00pm, whereupon it transformed into a modern, fashionable nightspot. The clientele were generally affluent, of a varied age group, and with 65% of the customers typically being female. The premises deliberately charged premium prices to deter troublemakers, and the minimum age limit for entry to the premises was 21. Mr Brooks lived on the site above the premises.

Mr Brooks stated that the premises were situated on the corner of Loughton High Road, approximately 300m from Loughton Underground station. In addition to the nearby underground station, there was a bus stop close by in Station Road and a taxi rank in the High Road. The premises did have a car park but this had only five spaces and customers were encouraged to use the local car parks rather than park in nearby resident streets. The premises had a dispersal policy in place. There was always three or four door staff on duty at weekends from 7.30pm until the  ...  view the full minutes text for item 30.