Agenda and minutes

Licensing Sub Committee - Monday 7th October 2013 6.30 pm

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

Contact: M Jenkins (Direct Line 01992 564607)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

74.

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.

 

75.

PROCEDURE FOR THE CONDUCT OF BUSINESS pdf icon PDF 42 KB

Minutes:

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

 

76.

APPLICATION FOR NEW PREMISES LICENCE ABBEY NEWS, 9 HILLHOUSE, WALTHAM ABBEY, ESSEX EN9 3EL pdf icon PDF 87 KB

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

Additional documents:

Minutes:

Introduction

 

The three Councillors that presided over this item were Councillors P Smith, A Mitchell and M Sartin.  The Chairman welcomed the applicant and her agent and requested that they introduce themselves to the Sub-Committee.  In attendance in support of the application were Mr C Mitchener of Licensing Solutions, the applicant’s agent and Mrs N Unadkat, the applicant.  There were no objectors in attendance.  The Chairman introduced the members and officers present and outlined the procedure that would be followed for the determination of the application.

 

Application before the Sub-Committee

 

The Legal Officer informed the Sub-Committee that the application sought a new premises licence for Abbey News, 9 Hillhouse, Waltham Abbey.  The application sought permission for alcohol to be supplied and the premises to be open from 0630 to 2200 Monday to Sunday.

 

The Sub-Committee were advised that following receipt of the application, the Council had received representations from:

 

(a)        Essex Police;

 

(b)        Essex County Fire and Rescue Service;

 

(c)        Essex County Council Children’s Safeguarding Service;

 

(d)        one local resident; and

 

(e)        one business in the locality.

 

Members were informed that in relation to the representations made by Essex Police, the applicant’s agent had confirmed that in Section P of the application form reference should have been made to “Challenge 25” and that CCTV was installed inside the premises.

 

Presentation of the Applicant’s Case

 

Mr Mitchener, the applicant’s agent informed the Sub-Committee that the applicant’s business had been well established for some seven years and was operated by her with support from her husband.  He advised that the application sought permission for alcohol to be supplied and the premises to be open from 0630 to 2200 Monday to Sunday.

 

Mr Mitchener confirmed that “Challenge 25” policy would be implemented within the premises.  He pointed out that there had been no adverse comments from the relevant authorities, particularly Essex Police and Essex County Council Children’s Safeguarding Service.

 

He emphasised that for representations to bear weight they had to relate to licensing objectives and have substance.  He contrasted the lack of adverse comments from the relevant authorities with the representations which had been made by a local resident and another local business which had suggested that if the licence was granted it would create problems in the area.  He drew attention to the relationship between the applicant’s business and that of the business which had made representations.  He pointed out that the business making representations had referred to the likely negative impact on their business, the number of off licences already in Waltham Abbey and the possibility of their rent being increased.  Mr Mitchener submitted that if there were already antisocial behaviour problems in the locality as a result of the sale of alcohol these could be due to sales from the business making adverse comments about the application before the Sub-Committee.

 

Mr Mitchener stated that anyone working at the premises would be trained and required to take a written test which would be repeated at three monthly  ...  view the full minutes text for item 76.

77.

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.