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 P Richardson be elected Chairman for the first part of the meeting.

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

Pursuant to the Council’s Code of Member Conduct Councillor J Wyatt declared a personal interest in the following tabled item of the agenda by virtue of having particular prior knowledge of the premises involved. The Councillor had determined that his interest was prejudicial and that he would leave the meeting for the duration of the discussion on the item and voting thereon:

• Application for Summary Review by Essex Police for the White Lion, Sun Street, Waltham Abbey, Essex EN9 1ER

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 Item              Subject                                   Exempt Information

No                                                                               Paragraph Number

6                                  Hackney Carriage Driver’s                  1

Licence – Ms L Hibbard

7                                  Hackney Carriage Driver’s                  1

Licence – Mr G Suri

8                                  Hackney Carriage Vehicle                  1

                                    Licence – Mr L Knowles

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

The Sub-Committee considered an application by Ms L Hibbard for a Hackney Carriage Driver’s Licence. The three councillors that presided over this item were Councillors Mrs P Richardson, Mrs M McEwen and J Wyatt. Members noted that officers did not have delegated powers to grant this application and, as a result, the application was 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 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 him of the Sub-Committee’s decision.

RESOLVED:

That a Hackney Carriage Driver’s Licence be granted to Ms L Hibbard, 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 G Suri for a Hackney Carriage Driver’s Licence, Mr Suri was accompanied by his wife. The three councillors that presided over this item were Councillors Mrs P Richardson, Mrs M McEwen and J Wyatt. Members noted that officers did not have delegated powers to grant this application and, as a result, the application was 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 applicant, 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 G Suri, subject to the Council’s standard terms and conditions.

(Director of Corporate Support Services). To consider breaches in the authority’s license conditions.

The Licensing Unit had identified a breach in the license conditions of Mr L Knowles. However since the agenda for this meeting was published the Sub-Committee was informed that satisfactory inspections had been completed.

RESOLVED:

That, the Hackney Carriage Vehicle License for Mr L Knowles continue as an inspection had been satisfactorily carried out.

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.

RESOLVED:

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

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

The three Councillors that presided over this item were Councillors R Morgan, J Wyatt and Mrs M McEwen. 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 Ghulam Alahi, who was part owner and share holder in Cakes and Shakes. On behalf of the objectors were Councillor Roy Thompson of Loughton Town Council and Mr David Linnell of the Loughton Resident’s Association and two local residents.

(a)        The Application before the Sub-Committee

The Assistant Solicitor informed the Sub-Committee that an application for a Late Night Refreshment Licence, for Cakes and Shakes, 246b High Road, Loughton, Essex IG10 1RB had been received. Representations had been made by local residents in the form of letters and a petition. There were representations from Loughton Resident’s Association and an interest from Loughton Town Council.

(b)       Presentation of the Applicant’s Case

Mr G Alahi of Cakes and Shakes, 246b High Road, Loughton, began by providing an outline of the application, which concerned a Late Night Refreshment License. The applicant’s original intention was to extend the current licence to 2.00a.m. However he was aware of local concern regarding this and advised that he would amend the proposed condition to extend the licence to 12.30a.m. Mr G Alahi was connected with three other similar premises with no complaints being made against them. He advised that there was no alcohol allowed on site.

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

Councillor R Morgan asked how many people were allowed onto the premises? Mr G Alahi replied that 28 were permitted at any one time. He went onto say that currently the premises closed at 11.00p.m. Councillor Mrs M McEwen asked if Mr G Alahi was the manager of Cakes and Shakes. He replied that he was part owner and a share holder as well. The business mostly catered for children, teenagers and families. Mr G Alahi was asked if there were flats above the shop at 246b High Road, Loughton, he replied that there were no flats. Councillor J Wyatt asked whether any alcohol was permitted on-site. Mr G Alahi confirmed to the members that no alcoholic drinks were allowed on site. He was asked about toilet facilities on site, he advised there was a toilet for customers, it was shared with staff. However he confirmed that there were no notices on site concerning alcohol use.

(d)       Questions for the Applicant from the Objectors

Councillor R Thompson of Loughton Town Council asked Mr G Alahi why the current licence for Cakes and Shakes had 12.30a.m. as the closing time for the shop? Mr G Alahi replied that he was not currently allowed to open until 12.30a.m. He confirmed that the notice on his shop front displayed the current opening hours. Mr D Linnell of Loughton Resident’s Association asked if there were flats above 246b High Street. Mr G Alahi replied that there weren’t any  ...  view the full minutes text for item 82.

The Sub-Committee had been asked to consider whether there should be a summary review of the premises licence in force at The White Lion Public House, 11 Sun Street, Waltham Abbey, Essex EN9 1ER.

The purpose of the hearing was to consider if any interim measures were necessary before a full review hearing could be established within a short time span. The summary review procedure was introduced by amendments to the Licensing Act 2003 made by the Violent Crime Reduction Act 2006. The procedure allowed the police to initiate an expedited review of the premises licence if a senior officer was of the opinion that the premises in question were associated with serious crime and/or disorder.

The three members who presided over this item were Councillors R Morgan, K Chana and Mrs P 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 Simon Fisher of Essex Police and Sergeant Sally Devine also of Essex Police. In attendance on behalf of the premises licensees was Mr Steven Gill, Commercial Director of McMullens and Sons Ltd (the owners of the White Lion, 11 Sun Street, Waltham Abbey) and Ms Sandra Sheehan, Operations Manager of McMullens and Sons Ltd.

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

(a)        The Application before the Sub-Committee

The Assistant Solicitor informed the Sub-Committee that an application for a summary review of the premises licence of the White Lion Public House, 11 Sun Street, Waltham Abbey, had been received. The application could not be decided under delegated authority and therefore the application was before the Sub-Committee. Representations had been received from Essex Police and were tabled at the meeting.

(b)               Presentation of the Applicant’s Case

Mr S Fisher of Essex Police began by saying that the police application for Summary License Review had been endorsed by the Chief Superintendent under Section 53A of the Licensing Act 2003. Since October 2008 there had been 15 crimes recorded as having occurred either inside the White Lion Public House or linked to the premises. The crimes ranged from minor public order offences to extremely serious offences. The situation had got worse particularly on 30 and 31 October 2009 where a bottle had been used to assault a person and an assault had been made using CS Gas. Assaults had also been made on two Police Community Support Officers. He added that there was concern from local residents, licensees and trades people. Mr S Fisher told the members that the case was currently in outline only but all incidents were supported by evidence and witnesses.

The Chairman allowed Mr S Gill of McMullens and Sons Ltd to respond to the applicant’s case. Mr S Gill said that he was disappointed with the police’s action, there had been on-going dialogue between McMullens and the police. The trouble at the White Lion had  ...  view the full minutes text for item 83.