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.

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor M Cohen declared a personal interest in item (13) of the agenda (application to vary a premises license – The Minx, 126 High Road, Loughton), by virtue of occasionally being instructed as a freelance advocate by the applicant’s Solicitors. The Councillor had determined that his interest was not prejudicial and he would remain in the meeting 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 12 A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No                       Subject                                             Paragraph Number

6                                  Hackney Carriage Driver’s License -                     1

                                    Mr Brown

7                                  Hackney Carriage Driver’s License -                     1

                                    Mr Dayall

8                                  Hackney Carriage Driver’s Licence-                      1

                                    Mr J Ali

9                                  Hackney Carriage Driver’s Licence-                      1

                                    Mr Julian

10                                Hackney Carriage Driver’s Licence-                      1

                                    Mr Whitefield

11                                Hackney Carriage Driver’s Licence-                      1

                                    Mr Ward

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs P Rush and Mrs M McEwen. The Sub-Committee considered an application by Mr G Brown for a Hackney Carriage Driver’s License. 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 Health Manager 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 a Hackney Carriage Driver’s License be granted to Mr Geoffrey Brown, subject to the Council’s terms and conditions.

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs P Rush and Mrs M McEwen. The Sub-Committee considered an application by Mr R Dayal for a Hackney Carriage Driver’s License. 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 Health Manager 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 not to grant the license.

RESOLVED:

That a Hackney Carriage Driver’s License not be granted to Mr Ranjit Dayal.

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs P Rush and Mrs M McEwen. The Sub-Committee considered an application by Mr J A Ali for a Hackney Carriage Driver’s License. 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 Health Manager 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 not to grant the license.

RESOLVED:

That a Hackney Carriage Driver’s License not be granted to Mr Josef Ali.

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs P Rush and Mrs M McEwen. The Sub-Committee considered an application by Mr Tim Julian for a Hackney Carriage Driver’s License. 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 applicant did not attend the meeting, and therefore, on the documentation before them, the application was refused.

RESOLVED:

That a Hackney Carriage Driver’s License not be granted to Mr Tim Julian.

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs P Rush and Mrs M McEwen. The Sub-Committee considered an application by Mr A Whitefield for a Hackney Carriage Driver’s License. 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 Health Manager 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 a Hackney Carriage Driver’s License be granted to Mr Anthony Whitefield.

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs P Rush and Mrs M McEwen. The Sub-Committee considered an application by Mr M Ward for a Hackney Carriage Driver’s License. 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 Health Manager 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 a Hackney Carriage Driver’s License be granted to Mr Martin Ward.

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

RESOLVED:

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

(Director of Environment and Street Scene). To consider the attached application.

The three Councillors that presided over this item were Councillors Cohen, Mrs Rush and D’Souza. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr James Neil, Counsel for the applicant and Mr R Maharajah the Designated Premises Supervisor for the Minx. In attendance as objectors to the application were Mr E Davis, EFDC, Environmental Health Officer; Ann Wood, EFDC Planning Services; Sarah Moran, EFDC Licensing Officer and David Baker, EFDC Planning Services.

(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 Minx, 126 High Road, Loughton along with representations 22 interested parties and also from responsible authorities. The application had requested permission to extend the existing opening hours for Fridays and Saturdays until 02.00.

(b)            Presentation of the Applicant’s Case

Mr Neil, Counsel for the applicant, informed the Sub-Committee that they were applying for only an extra hour on Fridays and Saturdays. He contended that the objections raised were essentially challenges to the premises and did not address the one hour extra asked for.  He noted that the Police had not raised any objections under the Crime and Disorder objective. As for the Public Nuisance objective, there was always potential for public nuisance in the High Street and in the car park.  However, any noise on the High Street and near by car park could not be attributed  to their premises. It should also be noted that no objections had been raised from the flats at the back of their premises.

Mr Neil asked Mr Maharajah if there had been any complaints since the new times had been introduced in 2005. He replied that there were two complaints about noise but they had worked with the Environmental Health officers and had taken measures to reduce their noise output. EFDC officers had also investigated allergations of underage drinking on the premises and were satisfied that no underage drinking was going on. Asked about public nuisance matters when their customers were leaving the premises, Mr Maharajah said they had increased the number of CCTV cameras, had their security guards patrolling the area and had also put up signs asking patrons to be quite when leaving the premises and also made announcements on their PA system to the same effect. This had all been agreed in conjunction with the EFDC Environmental Health officers.

Mr Neil asked if they had held occasional events that finished at 2am and if they had received any complaints. Mr Maharajah said they had held occasional late night events, but they had not received any complaints. The later finish enabled their clientele to disperse in a staggered manner. Mr Neil asked about any competition. Mr Maharajah said there was only the Nu Bar, which stayed open until 1am.  There were no particular problems. The Minx has a later crowd that tends to come in at around  ...  view the full minutes text for item 58.

(Director of Environment and Street Scene). To consider the attached application.

The Councillors who presided over this application were Councillors Cohen, Mrs Rush and D’Souza. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of Club Edge was Mr Stock the Premises Licence Holder and Mr Simon Fisher, Essex Police, Licensing Unit.

The application before the members was to consider Club Edge’s application to introduce pole dancing with full nudity. Objections had been raised by a responsible authority, the Essex Police Authority.

The Sub-committee were concerned that there was not enough information to consider the application fully. The applicant’s answers were peppered with “perhaps”, “probably”, “maybe” and the scheme for entry, invitation and control of patrons, in particular, had not been established. The full extent of proposed use of the licence was also unclear and it appeared to the panel that the application was made for a licensed period that was too wide and open. The applicant said that he did not know the answer to many of the questions as he was a last minute ‘stand-in’ for the person who should have been there, who had fallen ill. The applicant’s representative was asked if he would consider an adjournment to enable the Sub-committee to gather more information, he declined the offer.

            RESOLVED

That the application for pole dancing at Club Edge be refused on the grounds that there was not enough information upon which to base a decision. In particular there was a need for a proper operating schedule and a plan.

(Director of Environment and Street Scene). To consider the attached application.

The Panel noted that Ms C Tyndall had withdrawn her application.