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

Councillor J Hart had given his apologies for this meeting. Councillor Mrs Gadsby was kind enough to take his place on the Panel.

(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 M Mohamed for a Hackney Carriage Driver’s Licence. Mr Mohamed was accompanied by his son, Mr S Mohamed.

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 Legal Officer 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 Mohamed 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 and he did not possess a UK driving licence for the required three years.

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

The Sub-Committee considered an application by Mr C M Frid for a Hackney Carriage Driver’s Licence.

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 Legal Officer 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 C M Frid, 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 J B Chowdhury for a Hackney Carriage Driver’s Licence.

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 Legal Officer 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 Chowdhury 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 Mrs L S Childs for a Private Hire Licence. Mrs Childs was accompanied by Mr C Brown from LCB Travel Ltd.

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 Legal Officer 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 her 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 her application in private. The Chairman invited the applicant back into the Chamber and informed her of the Sub-Committee’s decision.

            RESOLVED:

That a Private Hire Licence be granted to Mrs L S Childs, subject to the Council’s standard terms and conditions.

(Director of Corporate Support Services) To consider the attached report on various breaches in the Authority’s Licensing Conditions.

The Licensing Unit had identified a breach in the licence conditions of the individuals listed in the agenda. The Sub-Committee noted that their inspections had, as yet, not been completed in two cases but in respect of five other cases inspections had been satisfactorily completed and the licences would continue.

RESOLVED:

(1)        That the Hackney Carriage Vehicle Licences for Mr R Burns be revoked.

(2)        That Mr B Hodges had surrendered his plate to Officers that day.

(3)        That the Hackney Carriage Vehicle Licences for the following continue, as inspections had been satisfactorily carried out:

·         Miss C Lawson;

·         Mr T Gregory;

·         Mr M Firth;

·         Mr C Ellis; and

·         Mr Wooster

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 item of business.

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

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 were the applicant Ms S Bozkurt and her agent Mr Moustafa.  Mr Simon Fisher was there to represent Essex Police who had objected to the application, Councillor R Bassett, local ward councillor and Sarah Moran a Licensing Enforcement Officer from Epping Forest District Council.       

The Chairman outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Legal Services Officer informed the Sub-committee that an application for a Street Trading Consent for a stationary vehicle at Nazeingbury Parade, Nazeing Road, Nazeing had been received. Representations had been made by Essex Police, the Highways Authority, local residents, Nazeing Parish Council, two District ward councillors and from Epping Forest District Council’s Environment and Neighbourhood manager. A petition against the application had also been received.

(b)       Presentation of the Applicants Case

Mr Moustafa pointed out that the Police and other objectors had raised substantially the same objections. Following this the applicant was willing to reduce the opening hours if thought necessary. As for anti social behaviour, there are three other food outlets already there, another trader would not cause too much disturbance. After 5pm the area was known to be quite empty.  As for the Highways objections, there was a fish mongers there on a Saturdays who takes up about 4 parking spaces.  The Police had raised the problem of noise; we think that most of this has been eliminated. We will also have litter patrols within the parade.

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

Councillor Mrs Smith asked if Ms Bozkurt was in receipt of any other licence from any other authority. Mr Moustafa replied that she was not.

Councillor Mrs Smith then asked what research she had done to establish the need for a fast food van in this area. Mr Moustafa said that the applicant had been looking at alternative venues. She had established that there were no other kebab outlets nearby, and she had a gut feeling for that position. She had recently sold her fish and chip shop in Waltham Abbey to start this venture. If necessary, she could be given a trial period of four to six months.

Councillor Mrs Smith asked when the application had been made how was the public notice displayed. Mr Moustafa replied that it was by a newspapers advert as there was no requirement for a notice to be displayed on the parade. Ms Moran, the Licensing Enforcement Officer, confirmed that the applicant only needed a newspaper notice. Officers had spoken to nearby shops to tell them what was happening.

Councillor Mrs Brooks said as there would be residents nearby would there be a noisy electric generator? Mr Moustafa said the cooking would be done on charcoal and gas. New generators are efficient and have noise dampeners. He disputed that they would be near residential  ...  view the full minutes text for item 48.