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 Councils 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 items 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 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information.

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

The Sub-Committee considered an application by Mr S Jones for a Hackney Carriage Driver’s Licence. However the applicant was not present and the Sub-Committee decided to defer the application.

            RESOLVED:

That the application by Mr S Jones for a Hackney Carriage Driver’s Licence be deferred to the next Licensing Sub Committee.

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

The Sub-Committee considered an application by Mr S Chowdhury for a Hackney Carriage Driver’s Licence. However the applicant was not present and the Sub-Committee decided to defer the application.

            RESOLVED:

That the application by Mr S Chowdhury for a Hackney Carriage Driver’s Licence be deferred to the next Licensing Sub Committee.

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

The Sub-Committee considered an application by Mr D McCann for a Hackney Carriage Driver’s Licence. However the applicant was not present and the Sub-Committee decided to defer the application.

            RESOLVED:

That the application by Mr D McCann for a Hackney Carriage Driver’s Licence be deferred to the next Licensing Sub Committee.

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

The Sub-Committee considered an application by Mr Y Yebda for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs M Sartin, Mrs G Shiell and K Chana. 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 applicant was not present at this hearing and the Sub-Committee decided there was enough information available for them to make a decision on this application. 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.

            RESOLVED:

That the application by Mr Yebda for a Hackney Carriage Driver’s Licence be refused as he did not meet the Council’s Licensing Criteria in respect of his record from the Criminal Records Bureau which had revealed serious recent offences.

(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 Agnimel Gnakho. The three Councillors that presided over this item were Councillors Mrs M Sartin, Mrs G Shiell and K Chana. 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 declined to make a closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated the application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

            RESOLVED:

That the application by Mr Agnimel Gnakho for a Hackney Carriage Driver’s Licence be revoked as he did not meet the Council’s Licensing Criteria in respect of his record from the Criminal Records Bureau which had revealed serious recent driving offences.

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 Members who presided over the application were Councillors Mrs M Sartin,       K Chana and Mrs P Smith.

The Chairman welcomed the participants and introduced the Members and Officers present and requested the participants introduce themselves to the Sub-Committee. In attendance on behalf of the application was Julia Palmer, Solicitor for the applicant, Mr S Wright, Technical Support Manager for Nando’s, Mr Sequeira Assistant Technical Support Manager for Nando’s, Richard Fetterroll, Designated Premises Supervisor for Nando’s. In attendance in opposition of the application were Peter Fairweather, Objector from Station Road, Loughton and Mr and Mrs Witts, Objectors from Station Road, Loughton.

The Chairman outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee that an application had been received from Nando’s Chicken Land Limited for a Premises Licence under the Licensing Act 2003. The application was for the provision of a late night refreshment licence between 23:00 to 00:00 hrs Monday to Sunday and 23:00 to 02:00 New Years Day.

A number of objections had been received from local residents.

It was noted that no representations had been made from Essex Police. Representations were made from the Environment Neighbourhoods Officer offering conditions that have been agreed with the applicant. Mr Linnell of the Loughton Residents Association had withdrawn his representation after negotiating with the solicitors and agreed the revised conditions.

(b)       Presentation of the Applicant’s Case

The Solicitor for the applicant, Julia Palmer informed the Sub-Committee that amendments had been made to the application. Ms Palmer had worked with the Environmental Health Officer and had put forward ten new conditions.

(i)         Mandatory Conditions

            The applicants had included ten new conditions.

             (ii)       No representations received from:

·                     Essex Police.

·                     Environmental Health.

·                     None from Brian Stalabrass on Public Safety grounds.

As a result of conditions agreed with Mr Linnell – the Loughton Residents Association withdrew their representation.

Ms Palmer informed the meeting that Nando’s was a nationally recognised company with 264 restaurants throughout the UK, the theme of the restaurant was Portuguese/South African. There was a strong emphasis on food not alcohol. Alcohol would only be sold on the premises to diners, it would not be sold as a takeaway. There were a small selection of wines, three bottled beers and one cider available. Ms Palmer could not envisage people wanting to use it as a drinking establishment alone due to the lack of choice and the prices which would be higher than that of drinking establishments. 

Nando’s have a universal system in their restaurants, a member of staff, the greeter would greet the customer at the waiting point and ascertain their requirements, then the customer would be shown to a table. Another member of the waiting staff would give the customer a menu then explain how the ordering system worked:

·                decide what you would like to order

·                go to a till point, present  ...  view the full minutes text for item 73.