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 Mrs P Smith 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 made 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 Bunyan                  

7                                            Application for a Hackney                               1

Carriage Driver’s Licence –

                        Mr Kibria

(Director of Corporate Support Services) To consider the attached application.

The Sub-Committee considered an application by Mr P Bunyan for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Smith, Mrs McEwen and J Wyatt. 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 Solicitor from 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 P Bunyan, subject to the Council’s standard terms and conditions.

(Director of Corporate Support Services) To consider the attached application.

The Sub-Committee considered an application by Mr M G Kibria for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Smith, Mrs McEwen and J Wyatt. 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 Solicitor from 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 Mr MG Kibria for a Hackney Carriage Driver’s Licence be refused as the Sub-committee remained unclear of the nature of all the circumstances relating to the nature of all the offence codes relating to TT99, which would enable the Sub-committee to consider if he was a fit and proper person to hold a Hackney Carriage Licence.

RESOLVED:

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

(Director of Corporate Support Services) To consider the attached application.

The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs M McEwen and J Wyatt.

The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee. In attendance on behalf of the applicants were Ms N Kaya, Mr O Rustem and Mr T Rustem. In attendance as an objector was Mr D Jeater.

(a)        The Application before the Sub-committee

The Assistant Solicitor informed the Sub-committee that an application for a late night refreshment licence for Station Road Dry Cleaners, Loughton, Essex. The application sought to extend the premises closing hours from 23.00 to 01.00 Friday and Saturday. The reason it was before the Sub-Committee was that representations had been made on the application.

(b)       Presentation of the Applicant’s Case

Mr T Rustem presented the applicant’s case. He drew the Panel attention to the amended times applied for Sunday, the form should have a closing time of 23.00 and not 01.00 as indicated. They were only asking for a two hour extension for Friday and Saturday for a closing time 01.00.

He pointed out that there were no objections from the Fire and Police Services, or from the Environmental Services section of the Council. He noted that the objections made were under planning considerations and had nothing to do with this meeting today as they are mainly to do with anti-social behaviour. The site has more than enough CCTV cameras in the vicinity, is well lit and has lots of waste disposal facilities. There is also London Underground Ltd. (LUL) security personal in the station car park, whom they met when they held a meeting with the station management. There is also a restaurant next door that opens quite late. The last train to the station is at 00.30 the LUL security staff leaves after that. The benefit to the business would be the late trains bringing in people to Loughton. The applicants will deter anti-social behaviour in their area as it would not help trade; they would inform the Police when needed.

In response to questions from the Sub-committee about what steps could be taken to prevent crime, Mr Rustem said that the applicant had spoken to the Police, they were told that if they suspected anything was wrong they should report it. They would also put up signs. The applicants also had a meeting with Transport for London (TfL) as the shop would be part of a listed building. The car park was monitored by security and anything inappropriate would be observed and hopefully acted upon. As it is a station forecourt the public can park where they are allowed to. There should not be any problems with loading and unloading, as it is a small shop it would not take very long. There is also a place at the back that can be used.

Asked if the lighting was in the applicants control, Mr Rustem replied that the lighting was under the control of the station,  ...  view the full minutes text for item 15.