Agenda and minutes

It was noted that in accordance with the decision taken at the Annual Council meeting on 25 May 2010, Councillor R Morgan was elected Chairman of the Licensing Sub-Committee for the duration of the meeting.

Councillors B Rolfe and A Lion had given their apologies for this meeting. Councillors M McEwen and P Smith were kind enough to take their place on the Panel.

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

There were no declarations of interest made pursuant to the Member’s Code of 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.

The Sub-committee noted that there were no items of business on the agenda that necessitated the exclusion of the public and press from the meeting.

To consider, under the Local Government (Miscellaneous Provisions) Act 1976 and the Town & Police Clauses Act 1847, breaches of the Taxi Interim Test by the following individuals:

a)                  Mr Festa

b)                  Mr Kabir

c)                  Mr Wiseman

The three councillors that presided over this item were Councillors R Morgan, M McEwen and M Sartin. The Licensing Unit had identified a breach in the licensing conditions of the following persons in respect of interim vehicle tests not having been completed:

a)      Mr Festa

b)      Mr Kabir

c)      Mr Wiseman

However since the agenda for this meeting had been published the Sub-Committee were informed that satisfactory inspections had been completed for two of the driver’s and another had surrendered his Hackney Carriage Driver's Licence.

RESOLVED:

(1)        That the Hackney Carriage Vehicle Licences for the following applicants be continued as inspections had now been satisfactorily carried out:

a)         Mr Festa

b)         Mr Wiseman

(2)               That Mr Kabir had surrendered his Hackney Carriage Driver's Licence and no longer required the interim test.

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

The members who heard this application were Councillors R Morgan, M McEwen and M Sartin.

The Chairman welcomed the participants and introduced the members and officers present, and then requested that the participant introduce themselves to the Sub-Committee.

In attendance on behalf of the application was Miss H Yesil.

(a) The Application before the Sub-Committee.

The Legal Officer informed the Sub-Committee that an application had been received for a premises license for 10 Brook Parade, High Road, Chigwell.

No representations had been made by the Divisional Licensing Officer of the Police and from the Authority’s Environment and Neighbourhood Officer.

One letter of objection had been received by Mr W Yeung on the grounds that granting the licence would be contrary to the four licensing objections;

1. Prevention of Crime and Disorder;
2. Public Safety;
3. Prevention of Public Nuisance; and
4. Protection of Children from HARM.

(b) Presentation of the Applicant’s Case

Miss H Yesil had recently moved into the premises on the 6 June 2010 and had begun trading as a grocery shop from 29 June 2010. The applicant had decided to apply for a premises licence to provide the sale of alcohol in accordance with previous owner of the premise, until 10 p.m. or 10.30 p.m. because of the lack of local availability after 9 p.m.

Miss H Yesil had ten years of experience in selling alcohol at a previous premise in Loughton and this would be her first business. She had received the information pack from EFDC Licensing Department about the prevention of under age drinking and would be asking all people to produce I.D if they looked under the age of 21.

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

Councillor R Morgan enquired about the trading hours applied for on the application and that Miss H Yesil had commented today about reducing the hours. He also asked about whom else would be employed.

Miss H Yesil advised that she would be happy for the hours to be reduced to 10 p.m. or 10.30 p.m. She informed the Sub-Committee that two experienced people had been employed.

Councillor M McEwen asked how Miss H Yesil would prevent public nuisance.

Miss H Yesil advised the Sub-Committee she had experienced staff, security systems in place and that Police Community Support Officers had regularly visited the premises. She would look to use her experience to control any problems that may arise.

Councillor M Sartin enquired whether she would consider raising the age limit to look 25 when asking for I.D.

Miss H Yesil advised that she would be asking people to prove their age through I.D cards and passports, if they looked under the age of 21 and employees would comply with the Licensing information EFDC had supplied.

Councillor M Sartin asked about whether she would be advertising cut price alcohol and promotional offers on the premises.

Miss H Yesil advised that she would occasionally, but it would mainly depend on the stockist supplying the premises.

Councillor R Morgan asked whether she had  ...  view the full minutes text for item 27.