Agenda and minutes

Councillor B Rolfe had given his apologies for this meeting. Councillors Mrs M McEwen was kind enough to take his place (as Chairman) 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. However, due to the fact that Councillor Knapman was actively engaged in agenda item 8, he indicated that he would not take any part in the meeting as a Sub-Committee member and would stay out of the chamber until item 8, the Metro Superstore had convened.

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.

RESOLVED:

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

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

The Sub-committee considered the renewal of a hackney Carriage Driver’s Licence for Mr Mobio. The three Councillors that presided over this item were Councillors Mrs M McEwen, 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 Legal Officer informed the Sub-Committee of the circumstances under which the licence could not be renewed 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 applicant then made a short closing statement to the Sub-Committee before 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 Mobio, subject to the Council’s standard terms and condition.

To invite the public & press 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 item of business.

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 Firth

b)                  Mr Khan

The three councillors that presided over this item were Councillors Mrs McEwen, Mrs P Brooks and Mrs R Gadsby. 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 Firth

b)      Mr Khan

However since the agenda for this meeting had been published the Sub-Committee were informed that satisfactory inspections had been completed for both drivers.

RESOLVED:

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

a)         Mr Firth

b)         Mr Khan

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

The members who heard this application were Councillors Mrs M McEwen, Mrs P Brooks and Mrs R Gadsby.

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

There was no one in attendance on behalf of the store in question.

In attendance on behalf of the applicant was Councillor J Knapman, the Ward Councillor who had applied for the review. Also in attendance was Mr Brooks a local resident, Ms Lynsey Yarnell, Trading Standards Officer from Essex County Council and Mr Simon Fisher, Licensing Officer for Essex Police.

(a)        The Application before the Sub-Committee

The Legal Officer, Leigh Cole, informed the Sub-Committee that an application for review had been received for The Metro Superstore, 785 Chigwell Road, Chigwell, Essex. The application had been made by the ward member Councillor J Knapman on the grounds of the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm.

(b)       Presentation of the Applicants Case

Mr Knapman began by saying that he had asked for this review back in July, after he had attended a Neighbourhood Action Panel meeting where he was swamped by complaints about this establishment. There was clear evidence of selling of alcohol to minors, threatening and intimidating behaviour, congregation by gangs of youths, litter and broken bottle and spitting. There were photo’s that showed evidence of underage drinking and smoking.  In the thirty years that he had lived in this area he had never had any complaints. But now residents were having their lives made a misery.

Ms Yarnell, the Essex County Council Trading Standards Officer said that enforcement action was intelligence led, especially from the Police. Officers would carry out test purchases, however local premises are made aware of these beforehand and they would know their local cliental. She had visited the store in April 2010 when she witnessed transactions to young looking males. She challenged the storekeeper and left a ‘Challenge 25’ pack with him, who signed up to the scheme. Following this she gave verbal advice to the shopkeeper but still received more complaints. She then carried out a test purchase and the purchaser was asked for their ID. However, they still received more complaints. Officers and a PC have witnessed large groups gathering outside the shop.

The Licensing Officer for Essex Police, Mr Simon Fisher, made a statement indicating that he had received intelligence that alcohol had been sold to persons under the age of 18. In addition various calls had been received by the police to deal with nuisance youths outside or close to the premises causing anti social behaviour. 28 incidents had been logged between 01/05/2010 and 14/07/2010. In June 2010 two females aged 14 and 15 years old were stopped by police in possession of alcohol which they admitted buying from this shop and made witness statements to this effect.  A fixed penalty notice was issued. There  ...  view the full minutes text for item 35.