Agenda and minutes

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

(a)        Pursuant to the Council’s Code of Member Conduct, Councillor K Angold-Stephens declared a personal interest in the following item of the agenda by virtue of being a member of the Loughton Resident Association. The Councillor had determined that his interest was prejudicial and he would not take part in the consideration of the application and voting thereon:

• Luxe Essex, 126 High Road, Loughton, IG10 4BE

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  ...  view the full agenda text for item 3.

That the public and press be excluded from the meeting for the 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:

(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 S J McGlone. The three councillors that presided over this item were Councillors R Morgan, K Angold-Stephens 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 S J McGlone (H367) 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 Prince. The three councillors that presided over this item were Councillors R Morgan, K Angold-Stephens 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 Prince (H564) be allowed to continue.

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

The Sub-Committee considered an application for a Hackney Carriage Drivers' Licence for Mr. Choudhury. The three councillors that presided over this item were Councillors R Morgan, A Boyce 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. Choudhury be granted.

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

The Sub-Committee considered an application for a Hackney Carriage Drivers' Licence for Mr D Butler. The three councillors that presided over this item were Councillors R Morgan, A Boyce 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 D Butler be granted.

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

The Sub-Committee considered an application for a Hackney Carriage Drivers' Licence for Mr Daltrey. The three councillors that presided over this item were Councillors R Morgan, A Boyce and K Angold-Stephens.

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 Daltrey be granted.

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

The Sub-Committee considered an application for a Hackney Carriage Drivers' Licence for Mr Moule. The three councillors that presided over this item were Councillors R Morgan, R Gadsby and K Angold-Stephens.

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 Moule not be granted.

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

The Sub-Committee considered an application for a Hackney Carriage Proprietor’s  Licence for Mr Mobio. The three councillors that presided over this item were Councillors R Morgan, A Boyce and K Angold-Stephens.

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 Proprietor’s  Licence for Mr Mobio be granted.

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 R Morgan (Chairman), A Boyce and K Angold-Stephens. 

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 Y Yaman and the applicant Mr Damis Yaman.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for 23 The Broadway, Debden, IG10 3SP which had applied to vary a Premises Licence under the Licensing Act 2003.

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

(b)       Presentation of the Applicant’s Case

Mr Yaman advised that his father would like to extend the opening hours of the shop to 24:00 hours every day including Good Friday and Christmas Day and deliver alcohol off the premises until 02:00. The front of the premises would be closed to the public at 24:00 hours with shutters and customer would only be allowed to call the premises to request deliveries until 02:00 hours. The delivery vehicle would be parked away from the back of the premises to reduce noise to local residents.

Mr Yaman informed the Sub-Committee that customers using the Debden tube station had requested that the shop stay open later so that last minute shopping could be carried out and other premises on the road had been granted till 24:00 hours.

(c)        Questions from the Sub-Committee

The Sub-Committee enquired about the current opening times. Mr Y Yaman advised that the shop currently opened until 23:00 Monday to Saturday and 22:30 on Sunday. They were offering further conditions attached in the agenda, in accordance with the operation schedule and four licensing objectives.

The Sub-Committee enquired whether there was enough demand for alcohol after 24:00 hours. Mr Y Yaman advised that residents had asked for the extended hours and another business already delivered to customers, although there was enough capacity for another delivery business. The Sub-Committee felt that the delivery vehicles parking space was still very close to residents and that noise carried at that time of night. Mr Y Yaman informed the Sub-Committee that they were reducing the noise using the back entrance to the premises and that the vehicle would be parked some distance from the back of the shop reducing the news.

The Sub-Committee enquired about the delivery policy for underage drinkers. Mr Y Yaman advised that they would use the ‘Challenge 25’ policy on the door steps for any premises they delivered alcohol to and if the purchaser could not provide identification then the delivery would be taken away. 

The Sub-Committee enquired whether the police had commented on the application. Mr Yaman advised that he had spoken with the police about the additional conditions and they were happy.

(i)         Applicant’s Closing Statement

Mr Yaman would ensure that they would compile with the conditions and his father always thought of the residents. He asked that the Sub-Committee grant the variations to the premises  ...  view the full minutes text for item 12.

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

The Members who presided over the application were Councillors R Morgan (Chairman), A Boyce 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 on behalf of the application were the agent Mr Hoddinott, owners Mr N Iyapah & Mr A Kundra, General Manager Mr D Privett and the Accountant Mr K Iyapah. In attendance as objectors were Mr Richardson, Environmental Health Technical Officer Epping Forest District Council and Mr Thompson, Enforcement Officer, Epping Forest District Council.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for the Luxe Essex, 126 High Road, Loughton, which had applied to vary the licensing activities applied for, extend the hours for the supply/provision of alcohol, to vary the opening hours and vary the conditions in accordance with the current practises/legislation and police requirements.

A number of objections had been received from local residents, the Loughton Residents Association, Neighbourhood & Noise team and Planning department.

(b)       Presentation of the Applicant’s Case

The applicant’s agent, Mr Hoddinott advised the Sub-Committee that the applicant’s had applied to vary the premises licence to remove any anomalies in relation to public holidays and extend the closing times of the premises. Mr Hoddinott advised that new management had taken over the premises in January 2011, which resulted in closure and refurbishment of the premises that re-opened in April 2011. The applicant’s would provide a management policy and risk assessment that would be continually under review.

The applicant’s wished to extend the opening hours on Thursday and Sunday until 01:30 and Friday and Saturday until 02:30 with an additional 30 minutes for clearing the premises. Mr Hoddinott advised that the premises had applied for 23 Temporary Event Notices without any problems or complaints.

The premises has been fitted for double glazing and they had employed a acoustic technician to reduce the sound admittance and also a new sound system installed, with testing to take place on Friday 15 June 2012 with the authorities Noise officers. Additional staff on the doors had been employed to minimise sounds escaping and the speakers by the exits had be removed.

Mr Hoddinott advised that these improvements should allow the premises to be more harmonious with the local community and that the police had no objections at this time.

(c)        Questions from the Sub-Committee

The Sub-Committee enquired about the seasonal changes and what the applicant meant by this request. Mr Hoddinott advised that when the clocks changed it was not always clear whether the premises should follow the change, therefore either increasing or decreasing the licensing period.

The Sub-Committee asked about the various licensing activities and what the provision of film entertainment would include. Mr Hoddinott advised that this would not mean the showing of films but the video that accompanies the karaoke system.

The Sub-Committee asked about the outside functions. Mr Hoddinott advised that there were no outside functions, allowing only 20 people at  ...  view the full minutes text for item 13.