Agenda and minutes

Licensing Sub Committee - Tuesday 3rd April 2012 10.30 am

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: M Jenkins (Direct Line 01992 564607)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

89.

Declarations of Interest

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

Minutes:

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor D Wixley declared a personal interest in the following item of the agenda by virtue of being a member of Loughton Town Council. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the item and voting thereon:

 

  • Zara Express, 23 Broadway, Loughton

90.

Procedure for the Conduct of Business pdf icon PDF 35 KB

Minutes:

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

91.

Exclusion of Public and Press

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

5

Hackney Carriage Driver’s Licence – Mr Arnold

1

 

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.

Minutes:

That the public and press be excluded from the meeting for he items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

 

Agenda                       Subject                                               Exempt Information

Item No                                                                                   Paragraph Number

 

5                                                          Hackney Carriage Driver’s                              1

Licence – Mr Arnold

                                          

92.

Hackney Carriage Driver's Licence - Mr Arnold

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

Minutes:

The Sub-Committee, comprising Councillor D Wixley, D Dodeja and Mrs M Sartin, considered whether to suspend or revoke the current Hackney Carriage Driver’s Licence for Mr Arnold. The Sub-Committee noted that the application could not be dealt with by officers under delegation, therefore, the application was considered by the Sub-Committee.

 

The Chairman welcomed the applicant and introduced the members and officers present. The Assistant Director of Corporate Support Services informed the Sub-Committee of the circumstances leading to the report being made to the sub-committee.

 

The applicant made a short statement to the Sub-Committee in support of his request that his licence should not be suspended or revoked, before answering questions from 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:

 

That the Hackney Carriage Driver’s Licence for Mr Arnold (H237) be allowed to continue and that a letter be written to Mr Arnold advising him of being safer on the roads.

93.

Inclusion of Public and Press

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

Minutes:

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.

94.

Catch, 147 Queens Road, Buckhurst Hill IG9 5AZ pdf icon PDF 87 KB

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

Additional documents:

Minutes:

The members who presided over application were Councillors D Wixley, D Dodeja and Mrs M Sartin. 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 applicants, Mr Hunt and his mother, Mrs Hunt, and in attendance as objectors were Mr Mitchell and Mrs Raleigh.

 

(a)        The Application before the Sub-Committee

 

The Assistant Director of Corporate Support Services (Legal) outlined the application. The authority received the application on 3 February 2012, the application was made by Mr Hunt to vary the premises licence for Catch, 147 Queens Road, Buckhurst Hill., the application was requesting to include live music and extension of the licensing hours. The live music would take place Tuesdays to Saturdays from 7.00p.m. to 12.30a.m. and on Sundays 7.00p.m. to 12.30a.m. The sale of alcohol would be extended, Tuesdays to Saturdays 11.00a.m. to 12.30a.m. and Sundays 11.00a.m. to 11.00p.m.

 

(b)       Presentation of the Applicant’s Case

 

Mr Hunt began by advising that his business situation was under threat from competitors in the area, and that many businesses had closed. Amending the premises licence to include live music and extending the period for sales of alcohol, would hopefully enhance his business.

 

Mr Hunt said that the live music would consist of a solo guitar player, he added that he would like to book a comedian on certain nights as well. Mr Hunt was particularly interested in having Wednesday nights for the live music. He advised that these proposals would be experimental. He informed the sub-committee that local residents had been notified through notices posted on the windows of his premises and in local newspapers. Although a recent private birthday party at the premises had caused some problems, there had been no complaints made against his establishment. Objections had only been registered since his application was submitted.

 

(c)        Questions from the Sub-Committee

 

Members asked why Wednesday nights were particularly favourable. Mr Hunt answered by saying that he closed early during the week he added that wished to experiment with the proposed changes.

 

Members asked if this would make a difference to business? Mr Hunt replied that he felt it would. Other businesses had live music and had prospered as a result. He did have CD recorded music at his restaurant.

 

The Sub-Committee asked about under age patrons. Mrs Hunt advised that they could only enter the restaurant if accompanied by an adult.

 

The Sub-Committee was concerned about the impact of music during the summer months when windows were often opened. Mr Hunt said that he would not consider music on hot days.

 

(d)       Questions from Objectors to the Applicant

 

The objectors were unaware of live music being requested by the applicants. Mr Mitchell stated that he was unhappy with patrons leaving the premises talking loudly and making general noise. He felt that a 12.30a.m. finish would be too late a finishing time. Mr Hunt stressed that his restaurant was a pleasant establishment,  ...  view the full minutes text for item 94.

95.

Zara Express, 23 Broadway, Loughton pdf icon PDF 86 KB

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

Additional documents:

Minutes:

The Members who presided over the application were Councillors D Wixley, D Dodeja and Mrs M Sartin.

 

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 on behalf of the application were Mr D Yaman, the applicant, and his son, Mr Y Yaman. There were no objectors present.

 

(a)        The Application before the Sub-Committee

 

The Assistant Director of Corporate Support Services (Legal) outlined the application for varying the premises licence for Zara Express, 23 Broadway, Loughton. The District Council received the application on 6 February 2012. The application set out to extend the hours for the supply of alcohol on Mondays to Thursday 8.00a.m. to 2.00a.m., with delivery only after midnight, Fridays to Saturdays 8.00a.m. to 3.00a.m., with delivery only after midnight, and Sundays 10.00a.m. to 2.00a.m., with delivery only after midnight and Christmas Eve, Christmas Day and New Year’s Eve 8.00a.m. to 3.00a.m., with deliveries only after midnight.

 

A number of objections had been received from local residents and Loughton Town Council.

 

(b)       Presentation of the Applicant’s Case

 

The applicant’s son, Mr Y Yaman, began by explaining that noise levels and disturbance to neighbours were kept at a minimum by ensuring that deliveries took place at the back of the premises where there was a car park. Deliveries would be made by drivers using Challenge 25. Mr Yaman noted one objection regarding an accusation made against the premises licence holders that alcohol had been sold to under age customers, he strongly denied this allegation. He advised the Sub-Committee that they operated 24 hour CCTV with continuous filming cameras, the film was available to the authorities for up to 30 days on request.

 

Mr Yaman said that he had been made aware of a local need for an extended service by local residents who had been working late so that they could shop.

 

(c)        Questions from the Sub-Committee

 

The Sub-Committee asked what the current alcohol sales hours were. The applicants replied Monday to Saturday 8.00a.m. to 11.00p.m. and Sunday 10.00a.m. to 10.30p.m.

 

The applicants were asked when the last train operated on the Central Line before closure. The applicants said probably before midnight.

 

The Sub-Committee asked when deliveries were currently carried out. The applicants replied between 5.00p.m. and 11.00p.m. Mr Yaman reiterated that there was a demand for increasing their services. The Sub-Committee enquired if the deliveries only involved alcohol. Mr Yaman replied that they also involved other goods, like groceries.

 

The Chairman drew attention to “Conditions offered in accordance with the operating schedule,” this document issued by the police, allowed up to 28 days for all CCTV footage to be kept. The Chairman believed this to be 31 days, Mr Yaman advised that the police were content with 28 days but he was happy for this to be extended to 31 days. The Licensing Officer, N Glasscock, informed the Sub-Committee that she had been to the premises for a meeting with  ...  view the full minutes text for item 95.