Agenda and minutes

Councillor B Rolfe gave his apologies for this meeting. Councillor K Angold-Stephens attended in his place for this meeting.

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 J Wyatt be elected Chairman for items 6 – 9 and Councillor R Morgan be elected Chairman for item 11 of the Sub-Committee meeting.

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor J Wyatt declared a personal interest in the following item of the agenda by virtue of a member of the public contacting him. He gave no advice other than to contact the District Council’s Licensing Department. The Councillor had determined that his interest was not prejudicial and he would stay in the meeting for the consideration of the application and voting thereon:

• Licensing Act 2003 – Premises Licence – Skillet Hill Farm Waltham Abbey

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 Morse for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors J Wyatt, Mrs P Richardson and K Angold-Stephens. 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 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 Morse, 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 Hutton for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors J Wyatt, Mrs P Richardson and K Angold-Stephens. 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 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 Hutton 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 offence under the conviction criteria and he did not have a confirmed job offer in the District.

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

The Sub-Committee considered an application by Mr Winstone for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors J Wyatt, Mrs P Richardson and K Angold-Stephens. 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 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 Winstone, 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 Lewis for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors J Wyatt, Mrs P Richardson and K Angold-Stephens. 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 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 Lewis, 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 R Morgan, J Wyatt and Mrs 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 Rogerson, from GBN Charters Ltd. 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.

Councillor Wyatt mentioned that a member of the public had contacted him on this matter and he gave no other advice, other than to contact the Licensing Authority. The Chairman asked if anyone objected Councillor Wyatt sitting on the panel, no objections were received from the attendees.

(a) The Application before the Sub-Committee

The Assistant Solicitor informed the Sub-committee that an application for a premise license for Skillet Hill Farm Lorry Park Truckstop at Honey Lane, Waltham Abbey. Representations had been made by Essex Police and a local resident.

(b) Presentation of the Applicant’s Case

Mr Rogerson gave the Sub-committee an outline of the application. In February 2009 the truckstop had been given planning permission for 25 Lorries and 10 car parking spaces and the owners planned to spend around £150,000 on improvements on and around the truckstop.

Mr Rogerson explained that the premises licence could be allowed because the premises would be classified as a truckstop and not a Motorway Service Area nor a Motorway Rest Area, where the sale of alcohol was prohibited.  For that reason in accordance with the Department for Transport Circular (dft.01/2008) the sale of alcohol is prohibited. Mr Rogerson handed the panel information he had collated about truckstops across the country with premises licenses and newspaper advertisements.

Mr Rogerson explained that the truckstop would not allow under 18 year olds onto the premises and if an under 18 year old travelled with a driver, they would be required to remain in the cab. Mr Rogerson stated that the premises would only accept accredited proof of age cards/photo card driving licences.

He advised that HGV drivers are professionals, who abided by the rules and regulations set by both their employees and law. According to drivers who currently use the truckstop facilities, drivers frequent the local pubs and hotel across the road to purchase and drink alcohol. Mr Rogerson informed the panel that the premise licence would enable the licensee to restrict the sale of alcohol to users of the truckstop if they felt necessary.

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

Councillor Morgan asked whether the applicant had any intention to increase the size of the truckstop and what the percentage of drivers used the parking facility for over night. Mr Rogerson advised that the owners would possible look to increase the capacity to 40 lorries and that on average the truckstop had full capacity Monday to Thursday.

Councillor Mrs Richardson asked how the preventions of under 18’s would  ...  view the full minutes text for item 36.