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.

(Assistant to the Chief Executive) 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 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.

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 it 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                                            Application to renew a Hackney                      1

Carriage Driver’s Licence –

Mr S Bell                     

7                                            Application for a Hackney                               1

Carriage Driver’s Licence –

                        Mr T Askem

8                                            Application for a Hackney                               1

Carriage Driver’s Licence –

                        Mr J Lopes

9                                            Application for a Hackney                               1

Carriage Driver’s Licence –

                        Mr F Achab

10                                        Application for a Hackney                               1

Carriage Driver’s Licence –

                        Mr L Rose

10a                  Application for a Personal                               1

                        Licence Application –

                        Mr Tunnicliffe

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

The Sub-Committee considered an application by Mr S Bell to renew a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs P Smith and R D’Souza. 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 Assistant Director of Legal Services 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 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 Bell, subject to the Council’s standard terms and conditions.

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

The Sub-Committee considered an application by Mr T Askem for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs P Smith and R D’Souza. 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 Assistant Director of Legal Services 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 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 T Askem, subject to the Council’s standard terms and conditions.

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

The Sub-Committee considered an application by Mr J Lopes for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs P Smith and R D’Souza. 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 Assistant Director of Legal Services 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 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 the application by J Lopes for a Hackney Carriage Driver’s Licence be refused as he did not meet the Council’s licensing criteria in that his record from the Criminal Records Bureau revealed numerous relevant offences under the conviction criteria and that there were inconsistencies in his paper work.

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

The Sub-Committee considered an application by Mr F Achab for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs P Smith and Mrs R Gadsby. 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 Assistant Director of Legal Services 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 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 F Achab, subject to the Council’s standard terms and conditions.

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

The Sub-Committee considered an application by Mr L Rose for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, R D’Souza and Mrs R Gadsby. 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 Assistant Director of Legal Services 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 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 L Rose, subject to the Council’s standard terms and conditions.

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

The Sub-Committee considered an application by Mr S Tunnicliffe for a Personal Licence to sell alcohol to be granted under the Licensing Act 2003. Officers had received an objection to the granting of the licence from Essex Police. The three Councillors that presided over this item were Councillors R Morgan, R D’Souza and Mrs R Gadsby. 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. Also present was Simon Fisher the Divisional Licensing Officer from Essex Police. The Assistant Director of Legal Services 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 Mr Fisher and members of the Sub-Committee. Mr Fisher then made his submission to the Sub-Committee, and answered a number of questions from the members of the Sub-Committee. The Chairman requested that the applicant and Mr Fisher leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the applicant and Mr Fisher back into the Chamber and informed him of the Sub-Committee’s decision.

            RESOLVED:

That a Personal Licence to sell alcohol be granted to Mr S Tunnicliffe, subject to the Council’s standard terms and conditions.

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 R Morgan, R D’Souza and Mrs R Gadsby. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf the Licensee were Mr Erdal Ozdil and Mr G Ozdil.  In attendance on behalf of Essex Police who had requested a review of the premises in question were: Mr Jonathan Austin-Jones, Counsel for Essex Police, Mr Simon Fisher, Divisional Licensing Officer, Julie Peckston, Essex Trading Standards, Sophie McKenna, Essex, Trading Standards and Sergeant Sally-Anne Davies, Neighbourhood Policing Team.

(a)        The Application before the Sub-Committee

The Assistant Director of Legal Services informed the Sub-Committee that Essex Police had requested a review of a Premises Licence for Ozdil Foods, 1 Farm Hill Road, Waltham Abbey, Essex. The application to review relates to the following licensing objectives:

1.                  The Prevention of Crime and Disorder – as a result of complaints from the public of persons under 18 years of age purchasing alcohol, or having it purchased for them; when alcohol is consumed young people cause public nuisance, drunkenness, noise and general antisocial behaviour, in a locality.

2.                  Prevention of Public Nuisance – groups of intoxicated minors cause antisocial behaviour nearby.

3.                  Protection of Children from Harm - it is the duty of police to protect children from the harmful effects of alcohol.

(b)       Presentation of the Applicant’s Case

Mr Austin-Jones, the counsel for the Applicant (Essex Police), informed the Sub-Committee of the Police’s objection to Ozdil Foods, based on the above three licensing objectives. The Police had continued to receive complaints from the public, with young people continuing to be problem in the area.

Mr Austin-Jones asked Ms S Mckenna a specialist Trading Standards Assistant with Essex County Council, why she had decided to visit and test purchase this particular shop. She replied that she had visited the premises in question to carry out test purchasing on the basis of intelligence received, this was on 29^th September 2007. They were assisted by a 16 year old school boy who purchased a bottle of Becks beer. During the Purchase he was not challenged or asked for identification through out the purchase which she had directly witnessed. The till was to the left as you went into the shop which was a general store, and there was only one gentleman serving at the time.

No questions were asked by the proprietors of Ozdil Foods or the members of the Sub-committee.

Next Mr Austin-Jones asked Ms Julie Peckston, Trading Standards Officer, employed by Essex County Council, why she had decided to visit and test purchase this particular shop. She said there had been continuing reports of anti-social behaviour around the area of this shop. She was assisted by a 16 year old volunteer, this was on 19 January 2008. He was wearing jeans and nothing on his head as he had to be clearly identifiable.  He purchased four bottles of lager. There were no other customers in the  ...  view the full minutes text for item 94.

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

The three Councillors that presided over this item were Councillors R Morgan, R D’Souza and Mrs R Gadsby. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the Licensee was Mr Ramiz Gusoy, Counsel for Farm Hill Convenience Stores.  In attendance on behalf of Essex Police who had requested a review of the premises in question were: Mr Jonathan Austin-Jones, Counsel for Essex Police, Mr Simon Fisher, Divisional Licensing Officer, Julie Peckston, Essex Trading Standards, Dean Velati, Essex Trading Standards, Gareth Miller, Essex Trading Standards and PC Nelson, Neighbourhood Policing Team.

(a)        The Application before the Sub-Committee

The Assistant Director of Legal Services informed the Sub-Committee that Essex Police had requested a review of a Premises Licence for Farm Hill Convenience Stores, 93 Farm Hill Road, Waltham Abbey, Essex. The application to review relates to the following licensing objectives:

1.                  The Prevention of Crime and Disorder – as a result of complaints from the public of persons under 18 years of age purchasing alcohol, or having it purchased for them; when alcohol is consumed young people cause public nuisance, drunkenness, noise and general antisocial behaviour, in a locality.

2.                  Prevention of Public Nuisance – groups of intoxicated minors cause antisocial behaviour nearby.

3.                  Protection of Children from Harm - it is the duty of police to protect children from the harmful effects of alcohol.

(b)       Presentation of the Applicant’s Case

Mr Austin-Jones introduced the Police’s case against Farm Hill Convenience Stores citing their objections against the four licensing objectives.

Mr Austin-Jones asked Mr Dean Velati, Essex Trading Standards Officer why he had chosen that particular shop to visit and carry a test purchases. Mr Velati said that they had based their visit on intelligence received. They took a sixteen year old to carry out the test purchase. He noted that the shop was not busy when they went. Apart from alcohol the shop acted as general store.

Mr R Gusoy asked Mr Velati if there were any employees on the premises apart from the cashier. Mr Velati replied that there was no one else there, just the cashier.

Mr Austin-Jones then asked PC Nelson if he witnessed the purchase. He replied that he was there when the purchase was made. The test purchaser was a white female approximately five foot four inches tall.

Mr R Gusoy asked PC Nelson who else was present when the purchase was made and did the cashier fully understand what was happening. PC Nelson replied that he did not know if there was anyone else there. The person selling was as stated in his statement, he spoke to him, and he answered coherently and understood the position.

A member of the Sub-committee asked if he was in uniform and PC Nelson answered that he was, and that he stayed outside until the purchase had been completed and they came out.

Mr Austin-Jones asked him if the store had appealed the fixed penalty notice. PC  ...  view the full minutes text for item 95.