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 Smith be elected Chairman for the duration of the Sub-Committee 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 Mrs R Gadsby declared a personal interest in agenda item 12, premises licence for 43 Highbridge Street, Waltham Abbey, by virtue of being asked to act as the representative for a residents group in opposition to the application. The Councillor had determined that her interest was prejudicial and that she would step down as a member of the Sub-committee for the consideration and determination of this item.

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 – Mr Hutton

7                                  Hackney Carriage Driver’s                  1

Licence – Mr Smart

8                                  Hackney Carriage Vehicle                  1

                                    Licence – Mr Smith

9                                  Hackney Carriage Driver’s                  1

                                    Licence – Mr Wiseman

10                                Hackney Carriage Driver’s                  1

                                    Licence – Mr Hedges

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

The Sub-Committee considered an application by Mr P Hutton for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs P Brooks 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 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 P Hutton, 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 R Smart for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs P Brooks 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 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 R Smart, 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 Smith for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs P Brooks 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 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 J Smith, 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 Wiseman for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs P Brooks 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 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 D Wiseman, 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 Hedges for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs P Smith, Mrs P Brooks 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 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 D Hedges, subject to the Council’s standard terms and conditions.

That the Press and Public 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 application.

The three Councillors that presided over this item were Councillors P Smith, Mrs P Brooks and K Angold-Stephens.

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 Mr Erbil and his counsel Miss B Jung. Local residents Ms D Saunders and Ms W Paul who had objected to the application and ward Councillor Mrs R Gadsby who was there to represent another resident and objector, Ms R Maraldo. Also in attendance was 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 Premises license had been received for 43 Highbridge Street, Waltham Abbey. The Licensing Section had not been able to grant the licence as there had been 13 representations from interested parties.

(b)       Presentation of the Applicants Case

Ms Jung started by saying that this was a new licence application to sell alcohol from 8am to 11pm Monday to Saturday. They had amended their Sunday hours to 9am to 10.30pm. These new premises had not yet opened.

Mr Erbil had a background in managing jewellery shops; he had now invested his own money into this new venture. It was intended to be like a “Tesco Express” type shop/supermarket, which included the selling of alcohol. It was intended that alcohol was only to be about 5 or 6% of their stock. Their main business would be as a supermarket. They did not intend to entice youths to use the shop or to have special offers on alcohol. Mr Erbil had been a personal license holder for five years.

They had suggested a number of conditions to meet the four licensing objectives, such as a CCTV system, lighting of exits and food and rubbish to be stored in the storeroom. They would also display signs asking customers to respect the neighbours and leave quietly.

There had been written representations from other businesses, but that was not for this Sub-committee. As for the other written representations, they were speculative on what might happen. There should be a firm example of misconduct and not just speculation. There would have to be evidence not to grant the licence. It was speculation to say it would increase crime and disorder in the area. It should be up to the Police to say this but there had been no representation from the police or from any other similar body.

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

Councillor Angold-Stephens asked if the premises was empty at present. He was told that it was. He then asked if the lease with Wimpey’s restricted the sale of alcohol. Ms Jung said she did not believe it to be true, but anyway that was not a licensing matter.

Councillor Mrs Brooks asked about Mr Erbil  ...  view the full minutes text for item 98.