Agenda and minutes

(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, 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:

(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 is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

5                      Hackney Carriage Driver’s Licence – Mr                    1

                        Yahia Ouendi

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

The Sub-Committee considered an application by Mr Yahia Ouendi for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors K Angold-Stephens, R Morgan and Mrs P Smith. 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 Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by 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 applicant then made a short closing statement to the Sub-Committee before 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:

(1)        That a Hackney Carriage Driver’s Licence be granted to Mr Yahia Ouendi, subject to the Council’s standard terms and conditions.

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

Resolved:

(1)        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 three Councillors that presided over this item were Councillors K Angold-Stephens, R Morgan and Mrs P Smith. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were the applicant, Mr Kamaran Ali, and his barrister, Mr Anthony Hucklesby. In attendance on behalf of Essex Police were the Divisional Licensing Officer for Epping Forest, Mr Peter Jones, and Sergeant Matthew Alsop from the Loughton Division. There were no public objectors in attendance. The Chairman then introduced the members and officers present, and outlined the procedure that would be followed for the determination of the application.

The Application before the Sub-Committee

The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee that an application had been received to transfer the Premises Licence for Chigwell Stores in Brook Parade, Chigwell to the applicant, Mr Kamaran Ali, and to also vary the Premises Licence to specify Mr Ali as the Designated Premises Supervisor. Essex Police had objected to these applications on the grounds that the applicant had a criminal record. The applicant had been successfully prosecuted by Sheffield City Trading Standards in May 2012 for selling counterfeit alcohol. At the time of the offence, the applicant had been both the Premises Licence Holder and Designated Premises Supervisor. It was the opinion of Essex Police that the applicant was likely to re-offend, which would contravene the Licensing Objectives, Prevention of Crime & Disorder and Public Safety, set out in the Licensing Act 2003.

Presentation of the Applicant’s Case

Mr Hucklesby highlighted the objections made by Essex Police in paragraph 2 of their letter, and agreed that the offences of which the Applicant was convicted did contravene the Licensing Objectives as set out in the Licensing Act 2003. However, the main issue under consideration was whether the applicant was likely to re-offend. Mr Hucklesby then made three further points in support of the applicant:

(i)         Did the applicant deliberately ignore the Licensing Objectives? - no, it was a naïve mistake.

(ii)        What would the applicant stand to lose if he re-offended in Chigwell in the same manner as Sheffield? - the applicant would explain this shortly.

(iii)       The key point was the fact of the Police objection in that it related to specific premises - the Police would know the premises where the applicant was working from.

Mr Hucklesby then asked the applicant a number of questions, to which the following responses were given:

·                     The applicant had already purchased the leasehold of Chigwell Stores for the remaining thirteen years, at a cost of £122,000; the applicant did not require a mortgage to fund the purchase.

·                     The applicant had been born in Iraq but had been living in the United Kingdom since 2002, when he left his home country during the civil war.

·                     The applicant lived with his wheelchair-bound brother, who was studying Law at London University; the applicant was responsible for the care of his brother and also supported him financially.

·                     Since coming  ...  view the full minutes text for item 27.

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

The three Councillors that presided over this item were Councillors K Angold-Stephens, R Morgan and P Smith. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Mr Shazad Ahmed, the applicant. There were no objectors in attendance.

The Chairman then introduced the members and officers present, and outlined the procedure that would be followed for the determination of the application.

The Application before the Sub-Committee

The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee that an application had been received for the renewal of a Sex Establishment Licence at Unit 11G at Chase Farm, Vicarage Lane in North Weald.

Presentation of the Applicant’s Case

The applicant stated that, not only was he looking to have his current licence renewed, but he also wanted the condition prohibiting callers to the premises to buy goods to be removed. There had been no objections received to the application by the public, and R18 DVD’s could not now be sold by mail order. If granted, the unit would be open to callers at the hours set out in the application, i.e. 10.00am to 6.00pm Monday to Saturday, closed on Sunday.

Questions for the Applicant from the Sub-Committee

In response to questions from the Sub-Committee, the applicant stated that unit 11G was entirely contained within its building and could not be seen from the road. The applicant estimated that there would be perhaps 10 to 12 customers calling at the premises per week on average, due to its location. The applicant stated that the premises would not be used as a sexual entertainment venue; that was a mistake on the application form and the Sub-Committee should disregard it.

The Assistant Director (Legal) highlighted the new standard Licensing conditions for all sex establishments that had been agreed by the Council, and that the applicant would also need planning permission to allow customers to call at the premises.

Consideration of the Application by the Sub-Committee

The Sub-Committee felt that there were no grounds for refusal, and that the application should be granted with standard conditions for both retail and warehouse use.

Resolved:

(1)        That the application by Mr Shazad Ahmed to renew the Sex Establishment Licence at Unit 11G, chase Farm, Vicarage Lane in North Weald be granted, subject to the Council’s standard licensing conditions; and

(2)        That retail use of the premises by customers be permitted, subject to the Council’s standard licensing conditions.