Agenda and minutes

Licensing Sub Committee - Tuesday 24th September 2013 6.30 pm

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: R Perrin (Direct Line 01992 564532)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

63.

Declarations of Interest

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

Minutes:

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

64.

Procedure for the Conduct of Business pdf icon PDF 35 KB

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business, and the terms of reference.

65.

Waltham Abbey Express, 1 Farm Hill Road, Waltham Abbey, Essex, EN9 1NE pdf icon PDF 89 KB

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

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors L Leonard, P Keska and P Spencer. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were Ms E Guler, the applicant’s solicitor and Mr Hazar, the applicant. In attendance objecting to the premises was a resident Mr Emery, Councillor Kane, Peter Jones from the Essex Police and two members of the public. 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 a variation of a premises licence for Waltham Abbey Express, 1 Farm Hill Road, Waltham Abbey had been received along with representations from interested parties. The variation had requested permission to:

·                     To supply alcohol from 09:00 to 03:00 Monday to Sunday but following representations from the police the applicant submitted the reduced hours;

 

·                     To supply alcohol from 09:00 to 01:00 Monday to Thursday,

·                     To supply alcohol from 09:00 to 02:00 Friday and Saturday; and

·                     To supply alcohol from 09:00 to 00:00 Sunday.

 

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

·                     Essex Police;

·                     Councillor Kane;

·                     Six representations from local residents;

·                     Essex County Fire & Rescue Service;

·                     Children’s Safeguarding Service; and

·                     Essex County Council Trading Standards.

 

Presentation of the Applicant’s Case

 

Ms Guler advised the committee that the applicant wished to increase his licensing hours from 00:00, Monday to Sunday to 01:00 Monday to Thursday, 02:00 Friday and Saturday and 00:00 on Sunday.

 

Ms Guler advised the sub-committee that objections regarding litter, noise, anti social behaviour and parking could not all be attributed to the off license, as a lot of the customers were local residents. There were also other establishments in the near vicinity that opened later than the off license and served alcohol.

 

The applicant had owned the off license since July 2012 and was an experience business man. He had fitted eight cameras in and round the premises, recording and holding the footage for 31 days. The applicant would require proof of age for customers and refuse any serve inebriated people requesting alcohol. Ms Guler advised the sub-committee that customers who used the off license also purchased other essential items such as milk, bread, gas and electric. In response to the objectors complaints Ms Guler stated that the off license could not be held responsible for the anti-social behaviour that residents experienced, although the applicant had reduced the licensing hours applied for after consultation with the Police.

 

Questions for the Applicant from the Sub-Committee

 

Councillor Keska asked how many staff was employed. The applicant advised that he and another part time member of staff worked in the premises. Councillor Keska enquired how the alcohol would be covered when it was not for sale and the shop was open. The applicant advised he would re-design the shop if it was required.

 

Questions from Objectors to the Applicant

 

Mr  ...  view the full minutes text for item 65.

66.

Exclusion of Public and Press

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

Nil

Nil

Nil

 

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.

Minutes:

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.