Agenda and minutes

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

Pursuant to the Member’s Code of Conduct, Councillor K Angold-Stephens declared a personal interest in the application regarding the premises licence for Belgique 3 Centric Parade, 200 High Road, Loughton by virtue of being a Loughton councillor he stressed that he was not the ward member and had played no part in the consultation.

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:

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 items of business set out below as they 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:

Agenda Item No                    Subject                       Exempt Information

                                                                                    Paragraph Number

5                                                                    Hackney Carriage                   1

Driver’s Licence –

Mr Wright

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

The Sub-Committee considered an whether to suspend or revoke the Hackney Carriage Proprietors Licence for Mr N Wright, due for expiration on 16 May 2011. The three councillors that presided over this item were Councillors K Angold-Stephens, D Dodeja and L Leonard.

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 Proprietors Licence for Mr N Wright be upheld.

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 Application has some pictures attached which are not of the highest quality – prints will be available to the Sub-committee on the day of the meeting.

The members who presided over this application were Councillors K Angold-Stephens, D Dodeja 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.

In attendance on behalf of the application was Mr D Dadds, solicitor, Ms K Dubb the applicant, and Mr A Aylott, the Licensing Agent.

In attendance as objector, was District Councillor R Barrett.

Mr D Dadds raised a procedural issue as he felt that Councillor R Barrett should not be accepted as a representative of residents of Clifton Road, Loughton. There was no direct proof that the Councillor had written permission to carry out this task. However the councillor was permitted to be present as he was the ward councillor for St. Mary’s ward. The Chairman advised that Councillor R Barrett should speak on his own behalf only.

(a)        The application before the Sub-Committee

The Legal Officer Ms L Cole, informed the Sub-Committee that an application had been received on 10 March 2011 for a Premises Licence for Belgique, 3 Centric Parade, 200 High Road, Loughton IG10 1DN. The District Council had received 8 representations, 7 of which were from the residents of Clifton Road, Loughton and one representation from Councillor R Barrett, member for St. Mary’s ward, Loughton.

(b)       Presentation of the Applicant’s Case

Mr Dadds outlined the applicant’s case. He drew the member’s attention to the schedule of proposed conditions for the application:

Proposed Condition 6 The premises licence holder shall ensure that there was no external disposal of bottles, glass or other refuse after 21:00 hours and before 09:00 hours daily;

Proposed Condition 10           Reasnoble and adequate staff training shall be carried out and properly documented;

Proposed Condition 18           The premises licence holder shall instruct all staff to co-operate and comply with all reasnoble requests of police officers investigating incidents; and

Proposed Condition 21           The premises would operate Challenge 21.

The Sub-Committee was informed that Belgique had 11 outlets nationwide. The proposed application was for a restaurant not a bar. The lease on the premises had been signed on 8 April 2011, it was noted that events associated with the site before that date were not relevant to the consideration of this application therefore the application should be considered on its own merits. There were no objections from the relevant authorities that would be expected to make an objection in this case. Mr Dadds informed the members that beyond the boundaries of the premises, criminal behaviour was not the responsibility of the licence holders.

It was advised that music played in the restaurant would be at a low volume, there would be 3 sets of doors shutting out the sounds. There were carbon filter extractors limiting pollution. The street in which the premises was situated was mixed residential and commercial. The closure of alcohol sales at 23:00 hours would allow sufficient drinking up time before the closing of the premises at 23:30.

(c)  ...  view the full minutes text for item 110.