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

No apologies were received.

(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.

However, Councillor Mrs M McEwen did state that she had sat on the first Sub-committee meeting to consider the temporary suspension of Club 195 on 1^st October 2009. The Chairman asked the participants present if they wished to let Councillor Mrs M McEwen continue to sit on the Sub-committee or if they wished to have a completely new set of members to consider the case. The representative for the Licencee expressed the wish that a completely new set of members to consider the case. The representative for Essex Police had no objections to this.

            RESOLVED:

That Councillor Mrs McEwen step down and Councillor Mrs P Smith replace her on the Sub-committee.

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.

On consultation with the Licensee’s legal representative and the Police legal representative, the Sub-committee agreed that the public and press not be excluded from the meeting.

However, during the consideration of the CCTV footage and the evidence to be given by Detective Sergeant Carrington it was agreed that the public and Press be excluded on the grounds that information to be given to the Sub-committee would prejudice ongoing criminal investigations.

To consider the attached report.

The Sub-committee comprised of Councillors M Cohen, K Chana and Mrs P Smith.

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 premises licence holder, Mr S Cummings, his legal representative Mr D Dadds and Mr D King and Mr N Dermott.

Representing Essex Police who had requested the review of the Premises Licence was Chief Inspector A Ray, Inspector T Simons, DS M Carrington, PC T Dinsdale and Counsel for the Police, Mr N Sykes and solicitor Ms F Philpot.

Also in attendance was R Whittome, Epping Town Council Clerk, Jenny McCullum, Licensing Officer for Harlow Council and D Bins for the local newspaper.

The Chairman outlined the procedure that would be followed for the determination of the review of the Premises Licence for Club 195, Cottis Lane, Epping.

Mr Dadds made an application to defer the opening of the meeting to 12 noon in order to consider late papers (‘Storm’ reports) submitted by Essex Police and to go through them with his client. He also wished to submit his papers in rebuttal to the Police case papers.

The Chairman decided, in consultation with the sub-committee, that in order for both advocates to consult the new paperwork, the meeting would adjourn until midday in order for the advocates to take a view on the new paperwork. The sub-committee would not have sight of the either set unless and until both advocates agreed on their relevance to the meeting.

The meeting then adjourned and reconvened at 12 noon.

a)         The application before the Sub-committee

An application for a Summary Review of the Premises Licence issued to Club 195, Cottis Lane, Epping, Essex under section 53A of the Licensing Act was made on 29 September 2009. This certificate stated that in the opinion of T/Inspector Tom Simons the premises were associated with serious crime and disorder.

On 1^st October 2009 a Licensing Sub-Committee agreed to suspend the premises licence with immediate effect until a review hearing.

On 7^th October 2009 a hearing was held to consider the representations. The Licensing Authority determined that in the interim step, the Premises Licence would remain suspended until the Review hearing.

The current review hearing was to determine the application for a Summary Review of the Premises Licence and to consider relevant representations as a result of the review application.

It was agreed that the members of the Sub-committee should have access to the late paper submitted by the licensee’s representative, Mr Dadds; but not to the Police’s paperwork.

b)         Presentation of the Applicants’ Case

Mr Sykes on behalf of Essex Police began his case by outlining the historical context to the premises and the past incidents, 47 of which had taken place within the last 12 months and were connected to the premises. He drew the Sub-Committee’s attention to the certificate, issued under section 53 of the Licensing Act 2003, to suspend  ...  view the full minutes text for item 72.