Agenda and minutes

Apologies had been received from Councillor A Boyce, Councillor Mrs M Sartin was kind enough to substitute for him.

(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.

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 considered whether to suspend or revoke the current Hackney Carriage Driver’s Licence for Mr A Halim. The three councillors that presided over this item were Councillors R Morgan, M Sartin and 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 issued under delegated authority.

The applicant made a short statement to the Sub-Committee in support of their 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 the Hackney Carriage Driver’s Licence for Mr A Halim (H1144) be allowed to continue.

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

The Sub-Committee considered whether to suspend or revoke the current Hackney Carriage Driver’s Licence for Mr M Askem. The three councillors that presided over this item were Councillors R Morgan, M Sartin and 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 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 the Hackney Carriage Driver’s Licence for Mr M Askem (H852) be allowed to continue.

To invite the public and 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 items of business.

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

The Members who presided over the application were Councillors A Lion, R Morgan and 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. In attendance was the applicant, Mr H Dagdelen and a colleague to translate for him. In attendance as an objector was Mr D Linnell on behalf of himself and the Loughton Residents Association. Mr P Jones, Licensing Officer representing Essex Police, was there as an observer.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for the Loughton BBQ, which had applied to vary their licence by an extension on their licensing hours for the sale of late night refreshment; for Thursday until 1.30am and Friday and Saturday until 2.30am.

A number of objections had been received from local residents, the Loughton Residents Association and the ward councillor.

(b)       Presentation of the Applicant’s Case

The applicant (through his interpreter) firstly explained that a mistake had been made on the application and that they had only wanted to open late on Friday and Saturday until 2.30am but not on Thursday, when they would close at 1am and not 1.30 as stated.

The reason he wanted to stay open later was so that he could supply food for the late night customers coming out from the nearby clubs. If they only stayed open until midnight then he would only need to stay open until 12.30am. But his business was dependant on the customers coming from the night clubs. If he stayed open or not the area would still be full with people coming out at that time.  One of the clubs did not close until 3am on occasions.

He noted that the people objecting lived quite far from his shop and he did not understand how it would affect them as they lived about 12 minutes walk away. But not opening later would affect his business. He also provided a service to the people going home after the clubs closed. Any problems would happen whether he was open or not; they would just go to a different establishment elsewhere and spread the problem.

He did have a problem about six months ago and had since installed a security man to stand at his door regulating the customers.

(c)        Questions from the Sub-Committee

Councillor Morgan asked what times the clubs closed and was told that the ‘Lux’ club closed at 1.30, and sometimes had a temporary licence extension until 3am. The ‘Nu Bar’ closed at 2.00am.

Councillor Lion commented that the Loughton BBQ was currently open until 2am on Fridays and Saturdays and wanted to know what sort of business they were doing then. Mr Dagdelen replied that between 12 and 2am they were not really making a lot of profit; a lot of people were still in the clubs. It was when they came out, that was when business picked up. After 2am business would increase by about 10 to  ...  view the full minutes text for item 80.

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

RESOLVED:

That the variation for the existing Premises Licence for the Metro Store, 785 Chigwell Road, be deferred to another meeting on the request of the applicant’s solicitor.