Agenda and minutes

Councillor B Rolfe gave his apologies for this meeting. Councillor Mrs R Gadsby was kind enough to replace him.

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 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 item 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:

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

The Sub-Committee considered an application by Mr A Uddin for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Smith, Mrs McEwen and Mrs 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 Head 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 A Uddin, 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 H Malik for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Smith, Mrs McEwen and Mrs 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 Head 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 Sub-Committee took advice from officers on the legal time a licence had to be held before a Hackney Carriage licence could be granted. 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 H Malik, 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 Dagdelen for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Smith, Mrs McEwen and Mrs 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 Head 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 Mr M Dagdelen for a Hackney Carriage Driver’s Licence be refused due to the serious nature of the offences as explained to the Sub-committee and because of the uncompleted consent form for the DVLA check.

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 Corporate Support Services) To consider the attached application.

The three Councillors that presided over this item were Councillors Mrs Smith, Mrs McEwen and Mrs Richardson.

The Panel noted that Mr R Gardiner, from the Environment and Neighbourhood Group of the Epping Forest District Council had withdrawn his application to review the Licence of the Players Lounge after agreeing new conditions with Punch Taverns.

Matthew Butt, the Barrister for Punch Taverns explained the new conditions and introduced the new manager of the Players Lounge to the Sub-committee.

            RESOLVED:

That the review for the Players Lounge be withdrawn due to new conditions and new management being put in place.

(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 Mrs P Richardson. The Chairman welcomed the participants and introduced the members and officers present and then requested that the participants introduce themselves to the Sub-Committee.

In attendance on behalf of the application was Mr Holland, the applicant. Councillor Ms S Stavrou, who was there in support of her constituents. Ms J Taylor and Mrs F Pymont local residents who were in attendance to object to the application. Also in attendance was Mr R James, the Town Clerk for Waltham Abbey Town Council and Mr T Baker from the Highways Department of Essex County Council. The Chairman outlined the procedure that would be followed for the determination of the application.

(a)               The Application before the Sub-Committee

The Assistant Head of Legal Services informed the Sub-committee that an application for a Street Trading Licence in Honey Lane, Waltham Abbey had been received from Mr R A Holland. However, representations had been received from Waltham Abbey Town Council, Essex County Council Highways Department and five local residents.

(b)       Presentation of the Applicant’s Case

The applicant, Mr Holland, gave the Sub-committee a brief history of the 20 years that the diner had been trading. He had been the owner of the diner for the last nine years and up until 2003 he did not need a licence. There had been objections since then and last year he was refused a licence. Since 2003 he had done everything asked off him by the licensing sub-committee.  The objections from Waltham Abbey Town Council are essentially the same as it was in 2004, 5, 6 and 7. He showed the Sub-committee some photos of Honey Lane to indicate it was possible for traffic to pass in both directions. He also said that when he first took over the van there was evidence of rats; he brought in a firm to eradicate them. He then showed the Sub-committee some certificates from the firm confirming this. The report made in August 2008 showed that since he had not been there, the rats had returned. He thought it might be due to the farm across the road from the diner. He asserted that it was unfounded to say that he had a detrimental impact on the area, he kept it clean and tidy, and he also cut the grass at the verges.

Mr Holland went on to comment on the Highways representation.  He had carried out a check and there had been no reported accidents on that part of the road over the last twenty years, the period over which the van had been trading. He therefore considered it to be a safe passage.

If the County Council wanted to stop lorries from parking on that road they should put restrictions on parking in that part of Honey Lane. They park there because they do not wish to pay to park in the lorry park across the road. As for  ...  view the full minutes text for item 36.