Agenda and minutes

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

(a)        Pursuant to the Council’s Officer Code of Conduct, G Woodhall declared a personal interest in agenda item 10, Application to Vary a Club Premises Licence – Buckhurst Hill Sports & Social Club, by virtue of being acquainted with the Applicant. The Officer had determined that his interest was not prejudicial and would remain in the meeting for the consideration of the issue.

(Assistant to the Chief Executive) To note the attached Procedure for the conduct of business at a Licensing Sub-Committee.

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 12(A) of the Act indicated and the exemption was 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 M James for a Hackney Carriage Driver’s Licence. The Sub-Committee for this item consisted of Councillors D Wixley, R Gadsby and R Morgan. The 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 his partner and introduced the Members and Officers present. The Legal Officer informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

The Applicant made a short statement 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 and his partner 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 M James, subject to the Council’s standard terms and conditions.

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

The Sub-Committee considered an application by Mr R Cerkasovs to renew a Hackney Carriage Driver’s Licence. The Sub-Committee for this item consisted of Councillors D Wixley, R Gadsby and R Morgan. The 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 by which the licence could not be issued under delegated authority.

The Applicant made a short statement 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 the Hackney Carriage Driver’s Licence for Mr R Cerkasovs be renewed, subject to the Council’s standard terms and conditions.

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

The Sub-Committee considered an application by Mr M Shamem for a Hackney Carriage Driver’s Licence. The Sub-Committee for this item consisted of Councillors D Wixley, R Gadsby and R Morgan. The 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 by which the licence could not be issued under delegated authority.

The Applicant made a short statement 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 the application for a Hackney Carriage Driver’s Licence by Mr M Shamem be refused, due to the nature and frequency of the Applicant’s driving offences.

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

The Sub-Committee considered an application by Mr A Uddin for a Hackney Carriage Driver’s Licence. The Sub-Committee for this item consisted of Councillors D Wixley, R Gadsby and R Morgan. The 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 his partner and introduced the Members and Officers present. The Legal Officer informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

The Applicant made a short statement 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 and his partner 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 A Uddin, 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.

The meeting was adjourned at 12.35pm and reconvened at 1.10pm.

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 D Wixley, R Gadsby and R Morgan. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were Ms K Waites, the Premises Licence Holder for Buckhurst Hill Sports & Social Club. There were no objectors present and Mr D Baker was in attendance on behalf of the local planning authority. 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 Legal Officer informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of the Buckhurst Hill Sports & Social Club in Queens Road, Buckhurst Hill, along with representations from interested parties. The original application had requested permission to:

·                     serve alcohol from 11.00am to 1.00am Monday to Sunday;

·                     close the premises at 1.00am Monday to Sunday; and

·                     to allow live music at the premises until 11.30pm Friday to Sunday.

However, during the consultation process the Applicant had offered the following amendments to the application to:

·                     serve alcohol from 11.00am to 12.30am Monday to Sunday; and

·                     close the premises at 1.00am Monday to Sunday.

Following receipt of the application, the Council had received representations from:

·                     Essex Police, who had requested that CCTV be installed and recording at all times the premises were open;

·                     the local Planning Authority, who were in attendance at the meeting;

·                     objections from two District Councillors and Buckhurst Hill Parish Council; and

·                     two objections from local residents.

The Legal Officer added that the current Licence permitted the sale of alcohol from 11.00am to 11.00pm Monday to Sunday.

Presentation of the Applicant’s Case

Ms Waites informed the Sub-Committee that the Club had been in existence for over 100 years, and that she had been a member herself for 25 years and could not remember any complaints having been made against the premises. In addition, one of the Club’s members lived next door to the premises and had never complained about the noise generated.

In relation to the objections received, Ms Waites stated that the Club was not applying for a licence to play music until 1.00am, so the Parish Council objection could be disregarded, and the average age of the members was over 60 so the additional hours were unlikely to lead to an increase in anti-social behaviour, as claimed by the two District Councillors. The back doors were closed whenever music was being played, although it was accepted that the smoking area was outside which might explain the comments in one of the letters received from local residents.

Ms Waites explained that the Club did not have Live Music every Friday, and the Club never opened before 12.00pm (noon).

Questions for the Applicant from the Sub-Committee

In response to questions from the Sub-Committee, Ms Waites explained that she could not remember any complaints about noise emanating from the club or any incidents having occurred.  ...  view the full minutes text for item 92.

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

The three Councillors that presided over this item were Councillors D Wixley, R Gadsby and R Morgan. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Mr S Gibson, who was acting as the agent on behalf of the Applicant. There were no Objectors in attendance. The Chairman then introduced the Members and Officers present, and outlined the procedure to be followed for the determination of the application.

The Application before the Sub-Committee

The Legal Officer informed the Sub-Committee that an application had been received from Petrogas UK Ltd to vary a Premises Licence at the Applegreen Service Station in Chelmsford Road, Norton Heath. The application had requested that the premises be permitted to:

·                     open 24 hours a day each day;

·                     sell alcohol 24 hours a day each day; and

·                     provide late night refreshment between the hours of 11.00pm and 5.00am each day.

The Sub-Committee noted that the current licence for the premises permitted the sale of alcohol between the hours of 7.00am and 11.00pm each day.

The Sub-Committee also noted that the following representations had been received:

·                     High Ongar Parish Council, who objected to the application on the grounds that it would encourage crime; and

·                     Essex Police, who had no objections to the application.

Presentation of the Applicant’s Case

Mr S Gibson stated that the company had 14 other sites who were permitted to sell alcohol throughout the night and there had not been any problems reported. Between the hours of 11.00pm and 6.00am, the main door to the store was locked and all sales were made through a night hatch. Although the size of the hatch would limit the items that could be sold, the requested variations would help to increase sales at the store. The store currently had a late night refreshment licence and mainly sold coffee to taxi drivers.

Mr S Gibson highlighted that the Police had offered no objections, and the objection put forward by High Ongar Parish Council had not been backed up by any evidence. There were no other objections to consider.

Questions for the Applicant from the Sub-Committee

In response to questions from the Sub-Committee, Mr S Gibson reiterated that the entrance to the store was locked at 11.00pm and all sales were made through the night hatch until 6.00am the following morning. A standard range of beers, wines and spirits were available and all such sales would be ‘off-sales’, i.e. not for consumption on the premises. A ‘Challenge 25’ age verification scheme was in operation, and there was usually only one member of staff on the premises overnight.

In respect of the Late Night Refreshment variation, Mr S Gibson explained that this licence was only required during the hours of 11.00pm and 5.00am, hence the request within the application.

Consideration of the Application by the Sub-Committee

The Sub-Committee retired to consider the application.

Resolved:

(1)        That the following variations to a Premises Licence at Applegreen Service Station in  ...  view the full minutes text for item 93.