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 J Hedges be elected Chairman for the initial part 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:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

6                      Hackney Carriage Driver’s Licence –                         1

                        Mr R Mennie

7                      Hackney Carriage Driver’s Licence -                         1

                        Mr B Sheikh

8                      Hackney Carriage Driver’s Licence -                         1

                        Mr U Nawaz

9                      Hackney Carriage Driver’s Licence -                         1

                        Mr R Thomas

(Director of Corporate Support Services) To consider the attached application in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

The Sub-Committee considered an application by Mr R Mennie for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs J Hedges, Mrs R Gadsby and R Morgan. 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 applicant was unable to attend and, as the application had been deferred at the previous meeting, the Sub-Committee resolved to determine the application in the absence of the applicant. The Assistant Director (Legal) informed the Sub-Committee of the circumstances under which the licence could not be issued under delegated authority. The Sub-Committee did not consider the applicant to be a suitable person for a Hackney Carriage Driver’s Licence within the District and the application was refused. 

RESOLVED:

That the application by Mr R Mennie for a Hackney Carriage Driver’s Licence be refused as he did not meet the Council’s Licensing criteria.

(Director of Corporate Support Services) To consider the attached report in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

The Sub-Committee considered an application by Mr B Sheikh for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs J Hedges, Mrs R Gadsby and R Morgan. 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 (Legal) informed the Sub-Committee of the circumstances under which the licence could not be issued under delegated authority. This application had been deferred from the last meeting to allow the applicant to provide proof of a job offer within the District.

The applicant made a short statement to the Sub-Committee in support of his application and distributed a letter indicating the offer of a position with Chigwell Cars, 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 B Sheikh, subject to the Council’s standard terms and conditions.

(Director of Corporate Support Services) To consider the attached application in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

The Sub-Committee considered an application by Mr U Nawaz for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs J Hedges, Mrs R Gadsby and R Morgan. 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 (Legal) 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 applicant then made a short closing statement to the Sub-Committee 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 a Hackney Carriage Driver’s Licence be granted to Mr U Nawaz, subject to the Council’s standard terms and conditions.

(Director of Corporate Support Services) To consider the attached application in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

The Sub-Committee considered an application by Mr R Thomas for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs J Hedges, Mrs R Gadsby and R Morgan. 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 applicant was unable to attend and the Sub-Committee resolved to determine the application in his absence. The Assistant Director (Legal) informed the Sub-Committee of the circumstances under which the licence could not be issued under delegated authority.

An appeal statement from the applicant was tabled at the meeting for the Sub-Committee to consider. The Sub-Committee had some reservations about this application but determined to grant it and write a letter to the applicant outlining the Sub-Committee’s concerns.

RESOLVED:

(1)        That a Hackney Carriage Driver’s Licence be granted to Mr R Thomas, subject to the Council’s standard terms and conditions; and

(2)        That a letter be written to the applicant highlighting the Sub-Committee’s concerns regarding this application.

The meeting was adjourned at 10.55am for a period of fifteen 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 reminder of the Sub-Committee meeting.

In relation to the two agenda items regarding the Football Academy at Loughton, the Sub-Committee determined to consider the review of the Premises Licence before the application to vary the Designated Premises Supervisor.

(Director of Corporate Support Services) To consider the attached application in accordance with the Licensing Act 2003.

The Sub-Committee considered an application from the Police for the Premises Licence at the Football Academy in Loughton to be reviewed following violent disturbances at the venue on 31 December 2008. This item was presided over by Councillors R Morgan, D Dodeja and Mrs R Gadsby. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee. In attendance on behalf of Essex Police were Mr S Fisher, Mr N Sykes and Ms C Holmes. In attendance on behalf of the Premises were Mr J Nathan and Mr R Folan. There were no objectors in attendance. The Chairman then introduced the members and officers present, and outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Assistant Director (Legal) informed the Sub-Committee that an application from Essex Police to review the Premises Licence had been received in respect of the Football Academy in Loughton, following incidents of disorder at the Premises on the evening of 31 December 2008 during a function held in a Marquee located to the side and rear of the main building.

(b)       Presentation of the Police’s Case

Mr N Sykes on behalf of Essex Police stated that there had been serious problems at the Premises on 31 December 2008. A New Year’s Eve Party was held in the Marquee involving a number of Disc Jockeys, each with their own following who then clashed. The Sub-Committee was shown a DVD of events outside the Marquee which had been captured by one of the security cameras at the neighbouring Bank of England Printing Works. The excerpts clearly showed groups of men fighting, with and without weapons, cars being driven into other cars, damage to parked cars, and doormen openly assaulting other men. It was stated that the Football Academy had co-operated fully with the Police in prosecuting offenders from that night and had not wanted the evening to end so savagely. The Police had been in discussions with the management and a number of variations to the Premises Licence had been provisionally agreed; these had been tabled at the meeting for the Sub-Committee’s consideration. It was stated unequivocally that the Police would object to any application for a Temporary Event Notice at the Premises.

The Divisional Licensing Officer for Essex Police added that Police Officers had arrived at the scene at 2.00am on the morning of 1 January 2009 and had taken nearly two hours to clear the area. Numerous people had been extensively injured, one of which was serious, and one person had been shot in the hand by a ricochet from the firing of a handgun. It was emphasised to the Sub-Committee that the incidents had occurred in the Marquee and not the main Premises.

(c)        Response of the Premises

The owner of the Premises stated that the event had been an external promotion rather than a Football Academy event, and the events of the evening had caused huge damage to the Premises’  ...  view the full minutes text for item 23.

That the public and press be invited back into the meeting for the following item 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 in accordance with the Licensing Act 2003.

The Sub-Committee considered an application for a variation of a Designated Premises Supervisor to Mr R Folan at the Football Academy in Loughton. The Police had initially objected to this application, however following the agreement of additional conditions for the licence at the Football Academy, the Police withdrew their objections.

The applicant advised the Sub-Committee that although he had first been employed at the premises in 2007, he had spent a period abroad and had been running a restaurant in Chingford on New Year’s Eve when the disturbances had occurred at the Football Academy. The applicant stated that the safety of staff and customers would be his paramount concern, and would have no hesitation in involving the police should any narcotic drugs be found on the premises.

RESOLVED:

That the Designated Premises Supervisor for the Football Academy in Loughton be varied to Mr R Folan.