Agenda and minutes

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

(a)        Pursuant to the Council’s Officer Code of Conduct, R Ferreira declared a personal interest in agenda item 5, Hackney Carriage Driver’s Licence – Biscoe H445, by virtue of having used the Driver in the past when catching a taxi from Epping Station to the Civic Offices. The Officer had determined that her interest was not prejudicial and would remain in the meeting for the consideration of the issue.

(b)        Pursuant to the Council’s Code of Member Conduct, Councillor D Wixley declared a personal interest in agenda item 10, Loughton BBQ, 171 High Road, Loughton, by virtue of being a member of the Loughton Residents’ Association. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the issue and voting thereon.

The Sub-Committee noted the agreed procedure for the conduct of business.

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 was considered to outweigh the potential public interest in disclosing the information:

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

The Sub-Committee - comprising Councillors Mrs M McEwen, G Waller and D Wixley - considered whether to suspend or revoke the Hackney Carriage Driver’s Licence for Mr N Biscoe. The Sub-Committee noted that the application could not be dealt with by Officers under delegated powers 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 granted 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 then 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:

(1)        That the Hackney Carriage Driver’s Licence for Mr N Biscoe (H445) be allowed to continue.

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

The Sub-Committee - comprising Councillors Mrs M McEwen, Mrs J Sutcliffe and G Waller - considered whether to refuse or renew the Private Hire Vehicle Driver’s Licence for Mr L Pascovitch. The Sub-Committee noted that the application could not be dealt with by Officers under delegated powers 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 granted 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 then 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:

(1)        That the Private Hire Vehicle Driver’s Licence for Mr L Pascovitch (P246) be renewed.

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

The Sub-Committee - comprising Councillors Mrs M McEwen, Mrs J Sutcliffe and D Wixley - considered whether to refuse or renew the Hackney Carriage Driver’s Licence for Mr J Schwartz. The Sub-Committee noted that the application could not be dealt with by Officers under delegated powers 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 granted 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 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:

(1)        That the Hackney Carriage Driver’s Licence for Mr J Schwartz (H995) be renewed.

To invite the public and press back into the meeting for the remaining items of business.

Resolved:

(1)        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 report.

The three Councillors that presided over this item were Councillors Mrs McEwen, Waller and Wixley. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were Mrs M Freeney, the designated Premises Supervisor, and Mr S Close, the Bar Manager. In attendance for Essex Police was Mr P Jones, and Mr M Richardson was in attendance on behalf of the responsible authority for Environmental Health. There were no objectors present. The Chairman then introduced the members and officers present, and outlined the procedure to be followed for the determination of the application.

The Application before the Sub-Committee

The Assistant Solicitor informed the Sub-Committee that an application had been received to vary the Premises Licence in respect of the Duke of Wellington public house on the High Street in Epping, along with representations from interested parties.

The application had requested permission to extend the performance of Live Music indoors, the playing of Recorded Music indoors, the provision of facilities for dancing indoors, the provision of Late Night Refreshment, the supply of alcohol and the opening hours of the premises until 1:00am on each evening. This would include Good Friday, Christmas Day and New Year’s Day, although the provision of Late Night Refreshment on Good Friday was only requested until 11:30pm.

Presentation of the Applicant’s Case

Mrs Feeney informed the Sub-Committee that discussions had taken place with both the Environment and Neighbourhood Officers and Planning Officers regarding their representations.

In respect of the representation from the Planning Officers, Mrs Feeney had agreed to shut the back door into the garden area by 9:30pm each evening, which would be two hours before the deadline requested. This door was already locked shut by 9:30pm each evening in any case.

In respect of the representation from Environment & Neighbourhood Officers regarding noise from customers at the front of the premises, Mrs Feeney stated that she had always been respectful of her neighbours and the police had not raised any objections to the application either. It was not her intention to stay open until 1:00am each evening. The premises would, most likely, only be open this late on Friday and Saturday evenings in common with the other licensed premises in that area of Epping.

Questions for the Applicant from the Sub-Committee

In response to questions from the Sub-Committee, Mrs Feeney confirmed that she preferred to shut the back door to the garden area by 9:30pm each evening, and this would continue even if a condition of 11:30pm was agreed. It was highlighted that there had been no representations received from Essex Police or local residents in respect of the application. Mrs Feeney declared that she liked to run a friendly, family public house rather than a nightclub.

Presentation of the Officer’s Case

Mr Richardson, representing the responsible authority for Environmental Health, was happy to support the back door to the garden area being locked at 9:30pm each evening, and in addition to their written representation, an  ...  view the full minutes text for item 71.

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

The three Councillors that presided over this item were Councillors Mrs McEwen, Mrs Sutcliffe and Waller.

The Assistant Solicitor informed the Sub-Committee that, due to the Christmas break, the applicant had requested a deferral of his application so that they would have more time to prepare their case.

Resolved:

(1)        That consideration of the application to vary the Premises Licence for Loughton BBQ at 171 High Road, Loughton be deferred until the next meeting of the Sub-Committee on 7 February 2012.