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 R Gadsby be elected Chairman for the duration of the Sub-Committee meeting.

The Sub-Committee noted that Councillor Mrs P Smith was substituting for Councillor R Barrett, who had tendered his apologies for the 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 its 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 12A of the Local Government Act 1972:

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

The Sub-Committee considered an application by Mr R J Plester for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs R Gadsby, Mrs P Smith and J Wyatt. The Chairman welcomed the Applicant, introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. The Legal Officer introduced the case and informed the Sub-Committee of the circumstances under which the Licence could not be issued by Officers under delegated authority.

The Applicant made a short statement in support of his application, before answering a number of questions from the Sub-Committee. The Applicant then made a short closing statement before 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 R J Plester for a Hackney Carriage Driver’s Licence be refused because he did not meet the Council’s Licensing criteria as his record from the Criminal Records Bureau revealed relevant offences under the conviction criteria.

That the public and press be invitedback into the meeting for the remaining item(s) 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 report.

A request had been received from the Applicant to defer consideration of their application until the next meeting, on the grounds that the Applicant’s representatives were unable to attend the meeting due to the adverse travelling conditions caused by the inclement weather. The Divisional Licensing Officer from Essex Police was in attendance but did not object to the application being deferred to the next meeting.

RESOLVED:

That, at the request of the Applicant, consideration of the application to vary a Premises Licence for Bayliss News at 159 High Street in Loughton under the Licensing Act 2003 be deferred until the next scheduled meeting of the Licensing Sub-Committee on 5 March 2009.