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.

That, in accordance with the Terms of Reference for the Licensing Committee, Councillor R Morgan be elected Chairman for the duration of the Sub-Committee meeting.

Councillor K Angold-Stephens had given his apologies for this meeting. Councillor R Morgan was kind enough to take his place on the Panel.

(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 Mrs R Gadsby declared a personal interest in the following item of the agenda by virtue of being members of the same Golf Club as the licensees Colleague. The Councillor had determined that her interest was not prejudicial and she would stay in the meeting for the consideration of the application and voting thereon:

• Review of Premises Licence – LN/210000820

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.

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:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

5a                    Review of Premises Licence –

LN/210000820                                                 7

6                      Hackney Carriage Driver’s Licence -

Mr J Howell                                                                  1

7                      Hackney Carriage Driver’s Licence -             

                        Mr P Randall                                                               1

8                      Hackney Carriage Driver’s Licence -                                                                          Mr D Rose                                                                   1

9                      Hackney Carriage Driver’s Licence -

                        Mr A Raza                                                                   1

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

The Sub-Committee had been asked to consider whether interim measures would be required before a full review hearing of premises licence, at 195 Club, Cottis Lane, Epping, Essex.

The Sub-Committee had received additional information regarding the expedited review of the premises licence from Essex Police, the original premises licence, the Guardian Newspaper dated 1.10.09 and a letter from Liddell & Company, the Licensee’s solicitor.

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 the holder of the premises licence, Mr S Cummins and a colleague David King.

The Chairman requested that the licensee leave the Chamber whilst the Sub-Committee debated the interim measures in private.  The Sub-Committee reviewed the application and certificate submitted by the police and additional documentation submitted.  The Sub-Committee considered the interim steps that the Licensing Authority could take to prevent serious crime or serious disorder from occurring including the review of the existing conditions.

The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

The Chairman advised Mr Cummins that the sub-committee had considered the interim steps without the licensee making a representation.

After informing the licensee of the Sub-Committee’s decision, the licensee’s colleague David King advised that they would be requesting a review of the interim steps and produced a letter from Liddell and Company that requested a hearing within 48 hours of receipt of their representation.

RESOLVED:

That the authority suspend the premises licence of the 195 Club, Cottis Lane, Epping, Essex to avoid any further serious crime or disorder from taking place on the premises or outside.

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

The Sub-Committee considered an application by Mr J Howell for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and Mrs R Gadsby. 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 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 J Howell, 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 P Randell for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and Mrs R Gadsby. 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 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 P Randall, 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 D Rose for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and Mrs R Gadsby. 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 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 D Rose, 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 Raza for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs M McEwen and Mrs R Gadsby. 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 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 Raza, 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.

That the item had been deferred until the next licensing Sub-Committee.