Agenda and minutes

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

There were no declarations of interest made pursuant to the Member’s Code of Conduct.

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.

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would likely involve the 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                      Local Government (Miscellaneous Provisions)          1

Act 1976 as amended and Town and

Police Clauses Act 1847 – Application for a

Hackney Carriage Driver’s Licence –

Mr M Karim

6                      Local Government (Miscellaneous Provisions)          1

                        Act 1976 as amended and Town and Police

                        Clauses Act 1847 – Driver’s Licence – H885

                        Mr F Fernandez

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

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence for Mr M Karim. The three councillors that presided over this item were Councillors Mrs M Sartin, K Chana 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 decision.

RESOLVED:

That Mr M A Karim be granted a Hackney Carriage Driver’s Licence subject to his passing the Knowledge Test.

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

The Sub-Committee, comprising Councillors Mrs M Sartin (Chairman), K Chana and R Morgan considered whether to suspend or revoke the current Hackney Carriage Driver’s Licence for Mr F Fernandez. 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 licence holder 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 licence holder leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the licence holder back into the Chamber and informed him of the Sub-Committee decision.

RESOLVED:

That the Hackney Carriage Driver’s Licence for Mr F Fernandez (H885) be allowed to continue and that he be advised that if he receives anything which effects his Hackney Carriage Driver’s Licence he must report these to the authority immediately.

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 Mrs M Sartin (Chairman), K Chana and R Morgan.

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 M H Beckett, the applicant, and Mr K Hoddinott of James-Motion, Licensed Property Valuers and Brokers. In attendance as objectors were Ms S Sowerby a local resident and member of the Theydon Bois Action Group and Resident’s Association, Parish Councillor P Gooch, Vice-Chairman of Theydon Bois Parish Council and Chairman of the Parish Council Planning Committee, and local residents Dr J and Mrs Warren, Mr D Jones and Mr F Sparks. Also in attendance as an observer was Mr P Jones, Divisional Licensing Officer, Licensing Department, Harlow Police Station.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for Theydon Bois Playing Field, The Old Foresters, Off Abridge Road, Theydon Bois, Essex CM16 7NN, which had applied for a new Premises Licence under the Licensing Act 2003.

A number of objections had been received from local residents and Theydon Bois Parish Council.

(b)       Presentation of the Applicant’s Case

Mr K Hoddinott advised that the application was for an off-licence within a mini market at the playing field camp site, it would sell food and beverages. The premises licence would only be for the camp site. Mr M Beckett informed members that he had 20 years experience of managing licensed businesses and events, he had managed The Castle, Woodford, The Royal Oak, Loughton and The Duke of Essex Polo Tournament.

(c)        Questions from the Sub-Committee

The Sub-Committee asked how many people were expected to be booked onto the site. Mr M Beckett replied that they were expecting pre-bookings for up to 500. He said that there were 200 private individuals accommodated in tents and caravans for short periods, 100 security staff and 50 chefs. He advised that everybody on site needed pre-booking, the toilet and wash facilities had been approved by the Council in advance of the opening.

The members asked how the site was being advertised. Mr M Beckett said they were only advertising on the Internet, the Chairman advised that she had looked on the Internet for the site advert and saw mention made of food being served and a bar. Mr M Beckett said that it was inappropriate to have a bar on this site, the application was for an off-licence only. He added that there would be close security 24 hours a day, 10 people would be on site, all of whom were IS registered, the company providing these staff were also providing security at the Olympics.

Members asked about the procedures for receiving visitors. Mr M Beckett informed the Sub-Committee that visitors would come to reception where their details were taken, they were then issued with a numbered, coloured wrist band. Mr M Beckett was liaising with the Community Police Team, he explained  ...  view the full minutes text for item 20.

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

The Members who presided over the application were Councillors Mrs M Sartin (Chairman), R Morgan and L Leonard.

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 Nathan representing The Academy Football and Sports Ltd, Mr M Woodward, the applicant. In attendance as objectors were Mr N Helm, barrister representing the Bank of England and Mr P Jones, Divisional Licensing Officer, Licensing Department, Harlow Police Station. In attendance was Mr K Hoddinott as an observer.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for The Academy Football and Sports Ltd, Langston Road, Loughton, Essex IG10 3TQ, which had applied for a Premises Licence under the Licensing Act 2003. Two representations had been received, one from Essex Police and the other from the Bank of England.

(b)       Presentation of the Applicant’s Case

Mr Nathan advised that the company managing the site had gone into liquidation, the current company were applying for a licence exactly the same as the previous one.

(c)        Questions from the Sub-Committee

The members asked who the Designated Premises Supervisor (DPS) would be? Mr Nathan replied that Mr M Woodward would be the DPS. Up to the current time the site was running Temporary Event Notices. Mr Nathan advised that as the old company had gone into liquidation they were unaware that the old licence was null and void. They were committed to a number of events and administered them as Temporary Event Notices.

The Sub-Committee asked if there was a company director, Mr Nathan said Mr A Swallow was the company director. The Chairman spoke about a plan of the site which indicated the licensable area. Mr Nathan confirmed this was the case, there was no marquee area, anything outside of the licensable area as indicated on the plan, was covered by a Temporary Event Notice only. The Sub-Committee asked if any alcohol had been sold between the old company shutting down and the period of the new company taking over. Mr Nathan replied no.

The Chairman asked why the application requested the licence run from February 2012. Mr Nathan said there were errors on the applications and they were re-submitted. The Sub-Committee asked what experience had the applicant of licensing. Mr M Woodward advised that he had assisted his father with managing a football club and had eight years experience of licensing activities with no problems experienced. He advised that he would be on the site. The Sub-Committee asked if there would be a personal licence holder on site all the time, Mr Nathan advised that a licenced staff member was on site all the time, the bar staff also had personal licences. The Sub-Committee asked if it was necessary for the premises to open till 11.00p.m. Mr Nathan advised that it was not necessary and that these times could be reduced they could end at 10.00-10.30p.m. and added  ...  view the full minutes text for item 21.