Agenda and minutes

Councillors Mrs P Brooks and Mrs S Clapp gave their apologies for this meeting. Councillors Mrs P Smith and Mrs R Gadsby were kind enough to take their place.

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 H Butt for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Gadsby, B Rolfe and Mrs Smith. 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 H Butt, 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 F Fernandez for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Gadsby, B Rolfe and Mrs Smith. 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 F Fernandez, 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 Charge for a Hackney Carriage Driver’s Licence in his absence. The three Councillors that presided over this item were Councillors Mrs Gadsby, B Rolfe and Mrs P Smith. 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 Assistant Solicitor 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 Charge for a Hackney Carriage Driver’s License be refused as he did not meet the Council’s Licensing Criteria in that his record from the Criminal Records Bureau revealed relevant driving offences under the conviction criteria.

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

The Sub-Committee considered an application by Mr S Paget for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Gadsby, Mrs Hedges and Mrs Smith. 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 S Paget, 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 A Gokmen for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs Gadsby, Mrs Hedges and Mrs Smith. 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 Gokmen, subject to the Council’s standard terms and conditions.

That the public and press 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 report.

The three Councillors that presided over this item were Councillors Mrs Smith, Mrs Hedges and B Rolfe. 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 Kilic, the applicant’s agent from the National Association of Turkish Restaurants, Takeaways and Supermarkets (NARTS); Mr Gulal the applicant and Mr Coskun. Mr Simon Fisher was there to represent Essex Police who had objected to the application.

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 to vary the hours of the premises licence for Bayliss News, 159 High Road, Loughton. She also presented the Sub-committee with a late petition in favour of the application. Representations had been made by Essex Police and four local residents.

(b)       Presentation of the Applicant’s Case

Mr Kilic gave the Sub-committee an outline of the application. The application was initially for twenty four hours a day, seven days a week, but they had amended it to 06.00 to 23.00 hours from Sunday to Thursday, and from 06.00 to 02.00 hours on Friday and Saturday, to sell alcohol. This was amended after they had received representations from the Police. In their representation the Police had mentioned the prevention of crime and disorder and the prevention of children from harm (under age sales). The applicants had been at these premises for about four and a half years. In that time they had never had any crime and disorder issues. As for underage sales, they had been subject to a number of test purchases in the past. They did fail the first couple and had now given the staff training on this issue. They had received a number of letters from Trading Standards who had stated that they would carry out more tests purchases.

The petition had 254 signatures in support of the application, nine of which are from people who live close to the premises.

The licence was for consumption of alcohol off the premises and not on. The planning authority did not make any objections; and the representation from 9 Station Road was for the 24 hour application and not the amended one. The objection from 14 Smarts Lane was about parking and this has no bearing on the shop or the application. If the link is proved they would be happy to ban the drivers parked illegally from their premises. There had been no underage sales issues for the past 22 months.

(c)        Questions for the applicant from the Sub-committee

Councillor Rolfe commented that some of the addresses on the petition were very random, some of addresses were a mile or two away from the premises. Mr Kilic said there were a few that were near to them such as, 15, 21, 29, 39, Smarts Lane. There were also some  ...  view the full minutes text for item 81.

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

The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs J Hedges and B Rolfe. 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 applicant was Mr Brown counsel for the applicant and Mr C Khetiya, applicant.

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 licence for the sale of alcohol for Forest Wines, 19b Forest Drive, Theydon Bois. However, a representation had been received from a local resident.

(b)       Presentation of the Applicants Case

Mr Brown said that the objector lives above the property next to the application address. There were also three letters from local shop keepers who support the application. Other businesses on Forest Drive had been informed. The letter of complaint had made a number of points that do not relate to licensing such as parking, which is not specific to this shop.

There has always been an Off Licence on these premises (up to nine months ago) and this application would maintain the status quo. They refute the level of youths that are said to loiter; and no objections have been made by the Police. As it was situated in a parade of shops no one shop could be blamed for the amount of litter in the area.

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

Councillor Mrs Smith asked how long the applicants had occupied the premises. She was told that they had not moved in as yet as it would depend on the licence.

(d)       Applicants Closing Statement

The applicant had nothing to add to his previous statement.

(e)       Consideration of the application by the Sub-Committee

The Sub-committee retired to consider the application in private session. They did not receive any advice from officers.

            RESOLVED:

That the application for a licence for the sale of alcohol for Forest Wines, 19b Forest Drive, Theydon Bois be granted subject to the usual conditions.

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

The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs J Hedges and B Rolfe. 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 Phipps, counsel for Punch Taverns, Mr Milligan from Punch Taverns and Mr Sally, the applicant.

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 variation of an existing licence by Punch Taverns for Love it (previously Players Lounge), 63 Queens Road, Buckhurst Hill. However, representations had been received from local residents.

(b)       Presentation of the Applicant’s Case

Mr Phipps told the Sub-committee that they sought to create a first floor to the premises. The Players Lounge had a mixed history and had it’s hours restricted. The former operator had now been removed from the site.

The new site would be a “food led” premises, not a restaurant. The ground floor was to have an open plan kitchen with a bar. The first floor would have two dining rooms and no bar. 

Mr Sally has a background in catering; his family operates all the food concessions at Crystal Palace Football ground.

There had been objections that this was an opportunity to create a night club, they were not seeking an entertainment licence, but seek to mirror the alcohol licence of the ground floor.

The entertainment on the ground floor might be occasional, if they have any. There will be no live music played on the first floor. There will be no door staff as it will be a restaurant, but the DPS and staff would supervise customers leaving the premises.

No statutory respondents had objected to the licence.

Mr Sally added he had been in catering all his life; he had studied it at college and had worked in hotels and with his family at Crystal Palace. He had also done weddings and banqueting. This new premises will have a theatre style restaurant with an open kitchen. He was not interested in opening a bar or a night club.

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

Councillor Mrs Smith commented that the history of the premises was outside the scope of the application.

Councillor Mrs Hedges asked if there would be any music and was told that they would have background music for atmosphere.

Councillor Mrs Smith asked what their existing hours were. Mr Phipps said that currently they are open from 10.00 to 23.00 Monday to Wednesdays, and from 10.00 to 00.30 Friday and Saturdays.

Councillor Mrs Smith commented that one of the current conditions was that there should be a noise limiter. Mr Phipps said the premises was to have one installed.

Councillor Mrs Smith asked if there was to be any private members and was told that there  ...  view the full minutes text for item 83.

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

The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs J Hedges and B Rolfe. 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 was the applicant was Ms Hazel Scott. An objector, Mr Mckenzie was also in attendance.

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 premise licence for 162 High Street Ongar, Essex had been received. However, representations had been received from 11 local residents and Ongar Town Council.

(b)       Presentation of the Applicant’s Case

Ms Scott said that this was the first time that she had done something like this. It was to be a cross between a coffee shop, a café and a Bistro. They would sell wines and bottled beers to patrons. The premise would have background music, no live amplified music, but may have some soft jazz for Sunday lunch. The opening hours are to be from 9am to 11pm. She noted that the representations received mentioned waste and parking, these were not relevant to the application in hand.

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

Councillor Mrs Smith asked Ms Scott to confirm that the premise would be opened seven days a week. Ms Scott said she had applied for seven days but would use it only if it was needed. She had not applied for late night opening hours, which was a mistake on the application forms. She also did not want a licence to sell hot food after 11pm.

When asked if she wanted to confirm that she wanted a licence for live music from 9am to 11pm, Ms Scott said that she did, but would not use it for all that time, but would like the opportunity to use it when she wanted to. She also wanted the ability to play recorded music (as background music) between the hours of 9am to 11pm., and also to supply alcoholic drinks during those hours at the tables to be situated outside the café. Ms Scott confirmed that she was to be premises supervisor.

Asked if she had meant to apply for an off sales licence, Ms Scott said that she had been confused about the various licences and their applications. All she wanted was to be able to serve alcohol to her patrons sitting on tables outside the café. She agreed that she did not want the ability to do off sales.

Mr Mckenzie said the tables on the pavement were new to him, but he was pleased to hear that there would be no amplified music.

(d)       Presentation of the Objector’s Case

Mr Mckenzie said that he represented a number of neighbours in that area. He lived close to the proposed premise and was worried that the proposed live entertainment would be held  ...  view the full minutes text for item 84.