Agenda and minutes

Licensing Sub Committee - Thursday 6th March 2008 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: M Jenkins (Direct Line 01992 564607)  Email:  mjenkins@eppingforestdc.gov.uk

Items
No. Item

77.

Election of Chairman

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.

Minutes:

            RESOLVED:

 

That, in accordance with the terms of refernce for the Licensing Committee, Councillor M Cohen be elected Chairman for the duration of the Sub-Committee meeting.

78.

Declarations of Interest

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

Minutes:

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

79.

Procedure for the Conduct of Business pdf icon PDF 18 KB

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business, and the terms of reference.

80.

Application to Review a Premises License - Co-Op Welcome, 54 High Road, North Weald pdf icon PDF 21 KB

(Director of Environment and Street Scene). To consider the attached application, deferred from the last meeting of the Licensing Sub-Committee.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors M Cohen, Mrs J Hedges and J Wyatt.

 

The Chairman of the Sub-Committee welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were Mr Peter Stratton, Operations Manager of Essex County Council Trading Standards and Mr Simon Fisher, Essex Police Authority Licensing Officer. In attendance as objectors to the application were Mr Barry Bond, Solicitor representing Co-Op Welcome, Mr Adrian Hill, National Diligence Manager of the Co-Op’s Head Office, Mr Paul Fuller, Operations Manager of the Co-Op, Mr Rameer, Store Manager of Co-Op Welcome, North Weald, Ms Debra Kirk, Diligence Manager of the Co-Op and Mr Sean Brookes who was in an observing capacity.

 

Before the presentation of the applicant’s case began, the solicitor representing the Co-Op, Mr B Bond, queried the legality of the Sub-Committee meeting. Mr B Bond claimed he had not seen any notices of the application for review in the local newspapers and the application form for the review had not been completed accurately by Essex County Council Trading Standards. The guidance notes for the application had not been attached in their entirety, nor had the solicitors received a copy of Mr P Stratton’s correspondence with other authorities. The solicitor also felt that Mr P Stratton, according to the Licensing Act 2003, did not have adequate authority to request a review.

 

Mr P Stratton apologised to the Sub-Committee for not having completed the application form properly, however he did confirm that he was an authorised officer from Essex County Council, which was the responsible authority. Mr S Harcher, Principal Team Leader in Environmental Services and Street Scene and Ms E Cox, Licensing Enforcement Officer, informed the Chairman that notice had existed and had been posted on the Notice Board outside the Civic Offices, and outside the property in question. The notice complied with the Licensing Act 2003, regulation 39 which stated that the relevant licensing authority was required to display a notice on A4 size blue paper or larger, in black ink with a font size of 16. Mr Bond accepted that Essex County Council were the responsible authority and therefore accepted that the application was properly served. However the only procedural point remaining for the objectors concerned whether Mr P Stratton had correct authorisation to make the application.

 

At 11.15a.m. the Chairman decided to discuss the issues raised by the objectors in private session with the other members of the panel. In private session, the Chairman and panel members felt that the application was valid, they did not receive advise from the officers.

 

The meeting re-convened at 11.25a.m., the Chairman informed the Sub-Committee that the panel’s view was that the application had been properly served, Mr P Stratton was the correct representative of Essex County Council Trading Standards, and that the guidance notes for the application form were not for respondents, they were for applicants only.

 

(a)        The Application before the Sub-Committee

 

The Principal Team  ...  view the full minutes text for item 80.

81.

Application to Vary a Premises License - Tas Bar, High Road, Thornwood pdf icon PDF 84 KB

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

Additional documents:

Minutes:

The Councillors who presided over this item were Councillors M Cohen, Mrs M McEwen and J Wyatt.

 

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were Mr and Mrs Rees, the applicants, represented by their solicitor, Mr Connor. In attendance as objectors to the application were Mr Simon Fisher, Licensing Officer of Essex Police Authority, Mr John Evans, Planning Officer of Planning Services and Economic Development of Epping Forest District Council, Mr Richard Gardiner, Technical Team Co-ordinator, Environment and Street Scene Directorate of Epping Forest District Council and four neighbours of the Tas Bar, High Road, Thornwood, Mrs Burrell, Mrs Diane Chamberlain, Mr Gary Fenn and Mr Martin Tyrrell.

 

(a)        The Application before the Sub-Committee

 

The Principal Team Leader of Environment and Street Scene Directorate informed the Sub-Committee that an application to vary a premises license had been received in respect of the Tas Bar, High Road, Thornwood together with representations from the police, the responsible authority for environmental protection and eight interested parties. The application sought to:

 

(i)                    Extend licensable activities on the premises by one hour each day, that is Monday – Saturday 11.00a.m. to 01.00 next day and Sunday 12.00p.m. to 00.30 next day.

 

(ii)                  Extension of the opening hours of the premises by one hour each day, Monday – Saturday 11.00 to 01.30 next day and Sunday 12.00p.m. to 01.00 next day.

 

(iii)                 One SIA Registered door supervisor to be on the premises on Friday and Saturday evenings from 19.30 hours to 30 minutes after the close of the premises.

 

(b)       Presentation of the Applicant’s Case

 

Mr Connor presented the case. The Sub-Committee were informed of a change to the application, Section M of the application concerning the supply of alcohol was being withdrawn, it had never been the intention of the applicants to have longer licensing hours but only to allow more time for the dispersal of customers towards closing time. Section O of the application concerning closing times was remaining, but the closing time was being amended to 01.00 weekdays and Saturdays.

 

Mr Connor spoke next of the request to reduce the door supervisors from two to one on Fridays and Saturdays. Mr Connor believed that having 2 door supervisors was excessive. According to industry protocol the ratio of door supervisors to customers should be 1 – 150, so the current arrangement was probably too much. Mr Connor told the Sub-Committee that the existing supervisors received training every four months. It was appreciated that there had been issues around noise levels, particularly from the car park area, as people sometimes congregated in this area before departing, but the arrangements for door supervisors allowed for regular patrols to be made in these areas.

 

(c)        Questions for the Applicant from the Sub-Committee

 

Asked if the proposed drinking up time was too lengthy, Mr Connor replied that the hour proposed could be trimmed down to 45 minutes. Asked how long there had been door  ...  view the full minutes text for item 81.

82.

Application for a Premises License - Broxbourne Cruising Club, off Green Lane, Nazeing pdf icon PDF 20 KB

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

Additional documents:

Minutes:

The Councillors who presided over this item were Councillors M Cohen, Mrs J Hedges and Mrs M McEwen.

 

The Chairman welcomed the only participant and requested that he introduce himself to the Sub-Committee, he was Mr John Harris, the applicant, there were no objectors present.

 

(a)        The Application before the Sub-Committee

 

The Principal Team Leader of Environmental Services and Street Scene informed the Sub-Committee that an application for a premises license had been received in respect of Broxbourne Cruising Club, off Green Lane, Nazeing together with representations from three interested parties.

 

(b)       Presentation of the Applicant’s Case

 

Mr John Harris presented the case. He described the Broxbourne Cruising Club as a small boating club with 30 members. The bar was for socialising, they intended playing music at the club. The building was of all steel construction and had a lining of wood along the outside. There was also a smoking area outside as well.

 

(c)        Questions from the Sub-Committee

 

Mr Harris was asked until which time he wished to sell alcohol to? He replied that he intended selling alcohol until 12.30a.m. The Sub-Committee noted that currently, people could go outside to smoke, they couldn’t drink there. The members felt that music would have to be contained within the building.

 

(d)       Private Session

 

The Sub-Committee felt that alcohol, music and dancing should be permitted until 11.00p.m. Sundays through to Thursdays. On Fridays and Saturdays, alcohol, music and dancing should be permitted until 12.30a.m. Further conditions should be that no music be played outside the building and no music should be audible from the curtiledge of the nearest habitable building. The members took no advice from officers.

 

RESOLVED:

 

That the application for a premises license be permitted to Broxbourne Cruising Club, off Green Lane, Nazeing with the following conditions:-

 

(i)                  Music, dancing and alcohol permitted Sunday to Thursday 12.00p.m. to 11.00p.m. and Friday to Saturday 12.00p.m. to 12.30a.m.

 

(ii)        No music be permitted outside the club building and no music should be audible from the curtiledge of the nearest habitable building.