Agenda and minutes

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

Pursuant to the Council’s Code of Member Conduct, Councillors P Smith, M Sartin and G Waller declared a personal interest in the following items of the agenda by virtue of knowing Councillor Stallan as member of the Conservative Party. The Councillors had determined that their interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon:

• 7 – 58 High Road, North Weald; and
• 8 - Co-operative North Weald, 54-56 High Road, North Weald.

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.

The Sub-committee noted that there were no items of business on the agenda that necessitated the exclusion of the public and press from the meeting.

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

The applicant submitted the relevant information required before the date of the meeting, therefore item was not considered at the Sub-Committee.

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 P Smith (Chairman), M Sartin 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 Rozard and the applicant M Lin. In attendance as objectors were Councillor D Stallan, Ward Member for North Weald Bassett and Mr N Dorras.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for 58 High Road, North Weald, which had applied for a new Premises Licence under the Licensing Act 2003.

A number of objections had been received from local residents and the Ward Councillor.

(b)       Presentation of the Applicant’s Case

Mr Rozard advised the Members that he had been in discussion with the authorities and had agreed conditions with the police. The alcohol would be displayed behind counter and would only be sold with food purchased at the premises. The delivery orders with alcohol, would only be delivered to residential or business addresses, with all persons delivering orders to receive full advance training in the sale of alcohol, approved forms of ID, the “Challenge 25” policy and understanding the company’s policy of non-delivery when approved ID was required.

(c)        Questions from the Sub-Committee

The Sub-Committee enquired about the process for delivery and payment of alcohol. The applicant advised that payment method currently accepted was cash.  The Legal Officer advised that the sale of alcohol would be required to be made on the premises and paid for before the delivery took place i.e. using a debit/credit card. Mr Rozard advised that when a person had made an order, he considered this to be the transaction on the premises and a cash payment could be accepted on delivery. The Legal Officer advised that this was a grey area and that it would not need to be conditioned as it would be either legal or illegal.

The Sub-Committee asked about the display of alcohol and delivery arrangements. Mr Rozard advised that the alcohol would be displayed behind the service counter, with around 20 bottles and that it would be mainly wine and beer on sale but they may consider selling Chinese spirits like rice wine. The counter was completely closed off to the public. Delivery sales would be a new venture for the premises with training and drivers being over the age of 18. The Sub-Committee enquired about a layout plan and officers went to retrieve a copy from their files.

The Sub-Committee enquired about whether the delivery driver required a personal licence for the sale of alcohol. The Legal Officer advised that this was not necessary as the transaction would take place on the premises.

(d)       Questions from the Objector

Councillor Stallan enquired about the delivery times and the sale of alcohol for deliveries after 11 p.m. Mr Rozard advised that the order was the point of sale and that the order would need to be with the  ...  view the full minutes text for item 107.

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

The Members who presided over the application were Councillors P Smith (Chairman), M Sartin and G Waller. 

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 Ostrowski, Mr Davis, General Manager for Co- Operative, North Weald and Mr Smells, Co- Operative Operational Officer for Essex. In attendance as objectors was Councillor D Stallan Ward Member for North Weald Bassett and Mr N Dorras.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for Co- Operative 54-56 High Road, North Weald, which had applied for a variation of existing Premises Licence under the Licensing Act 2003.

A number of objections had been received from local residents and the Ward Councillor.

(b)       Presentation of the Applicant’s Case

Mr Ostrowski advised the Sub-Committee that the Co-Operative group were requesting to standardise hours for their stores across the country. The variation was for an additional 2 hours from 6 a.m. in the morning Monday to Saturday and Sunday from 6 a.m. to 11 p.m. He explained that these times differ from the stores current opening times of 7 a.m. to 10 p.m. Monday to Saturday and 8 a.m. to 10 p.m. Sunday but there were no current plans to change the stores opening hours, although they may wish to change them in future. They had suggested additional conditions including CCTV monitoring system retained for 21 days, signage to be displayed that it was an offence for people under 18 to the purchase alcohol, burglar alarms, no deliveries to be made between the hours of 11 p.m. and 6 a.m. the following day, all staff training in relation to underage drinking, proof of age scheme, “Challenge 25” scheme, electronic prompt when alcohol was scanned and an “Age Refusals Register” for refusals where alcohol was challenged or refused. They also provided two bins outside the premises which were emptied by the staff and the outside of the store was cleared of litter.

(c)        Questions from the Sub-Committee

The Sub-Committee enquired about the noise issues that had arose in the objections. Mr Ostrowski advised that a tannoy system was used throughout the store to contact staff and the volume was kept to a minimum.

The Sub-Committee commented on the how often the tannoy was used. Mr Ostrowski explained that the tannoy was only used for announcements when necessary and to play music within the store. A complaint had been received when music had been played over night through the tannoy by accident. This was not company policy and would not happen again.

The Sub-Committee queried the comments from objectors relating to the delivery lorries blocking roads and creating noise. Mr Ostrowski informed the Sub-Committee that lorries were asked to reverse into the loading bay at the back of the premises and turn off their engines if they were earlier than expected.  

The Sub-Committee asked whether Trading Standards had been involved  ...  view the full minutes text for item 108.

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

The Members who presided over the application were Councillors P Smith (Chairman), M Sartin 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 Ostrowski, Mr Davis, General Manager for Co- Operative, North Weald and Mr Smells, Co- Operative Operational Officer for Essex.

(a)        The Application before the Sub-Committee

The Legal Officer outlined the application for Co- Operative 113-117 Upshire Road, Waltham Abbey which had applied for a variation of existing Premises Licence under the Licensing Act 2003.

A number of objections had been received from local residents.

(b)       Presentation of the Applicant’s Case

Mr Ostrowski advised the Sub-Committee that the Co-Operative group were requesting to standardise hours for their stores across the country. The variation was for an additional 2 hours from 6 a.m. in the morning Monday to Saturday and Sunday from 6 a.m. to 11 p.m. He explained that these times differ from the stores current opening times of 7 a.m. to 10 p.m. Monday to Saturday and 8 a.m. to 10 p.m. Sunday but there were no current plans to change the stores opening hours, although they may wish to change them in future. They had suggested additional conditions including CCTV monitoring system retained for 21 days, signage to be displayed that it was an offence for people under 18 years to purchase alcohol, burglar alarms, no deliveries to be made between the hours of 11 p.m. and 6 a.m. the following day, all staff training in relation to underage drinking, proof of age scheme, “Challenge 25” scheme, electronic prompt when alcohol was scanned and an “Age Refusals Register” for refusals where alcohol was challenged or refused. The delivery lorries would reverse and unload the deliveries in the road adjacent to the premises.

(c)        Questions from the Sub-Committee

The Sub-Committee enquired why the delivery lorries were required to reversed and how many deliveries were expected per day. Mr Ostrowski advised that because of the road width, lorries would need to reverse to unload the deliveries at the side of the premises, as there was not loading bay at the rear of the premise. The deliveries would be similar to the previous application in that there would be 6 deliveries per day.

The Sub-Committee enquired whether the applicant would consider adopting the same conditions as the previous application with exception to the requirement of litter bins outside the premises. Mr Ostrowski confirmed that these conditions were acceptable.

(d)       Applicant’s Closing Statement

Mr Ostrowski asked that the Sub-Committee approve the application.

(e)       Consideration of the Application by the Sub-Committee

The Sub-Committee retired to consider the application in private session. They received no advice from officers.

RESOLVED:

That the application for a new premises licence for Co- Operative 54-56 High Road, North Weald be granted according to the schedule in the application, subject to the following additions and modifications:

1.      That the  ...  view the full minutes text for item 109.