Agenda and minutes

Licensing Sub Committee - Tuesday 7th January 2014 10.30 am

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

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

Items
No. Item

108.

Apologies for Absence

Minutes:

Councillor Mrs R Gadsby had tendered her apologies and it was noted that Councillor Mrs P Smith was substituting.

109.

Declarations of Interest

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

Minutes:

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

110.

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.

111.

Street Trading Consent, Hurricane Way, North Weald pdf icon PDF 81 KB

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

Additional documents:

Minutes:

The Members who presided over this item were Councillors R Morgan, A Lion and Mrs P Smith.

 

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were Mr I Polat, by the applicant, assisted by Mr N Ahsak, solicitor. In attendance objecting to the application were Ms P Ambrose, Bassett Business Units, Hurricane Way, North Weald and Ms K Roberts, ATC Driver Training, Hanger 1, Hurricane Way, North Weald Aerodrome. The Chairman then introduced the members present and the officers and outlined the procedure that would be followed for the determination of the application.

 

(a)                    The Application before the Sub-Committee

 

The Legal Officer informed the Sub-Committee that the District Council had received an application for a renewal of a Street Trading Consent for Hurricane Way, North Weald from Mr I Polat. The application was to operate a van and trailer Mondays to Sundays 4.00p.m. – 10.00p.m. The Sub-Committee noted that the Licensing Team had notified Essex Police, Environmental Health. The Highways Authority and the clerk of North Weald Parish Council, Councillors D Stallan and Mrs A Grigg had also been notified as interested parties. A 150m consultation was also carried out with local businesses and residential properties incorporating 55 addresses. The authority had received a letter of objection from two local businesses, Bassett Business Units and ATC Driver Training. No other objections were received.

 

(b)                   Presentation of the Applicant’s Case

 

The applicant advised that although he had been granted a Street Trading Consent less than a year ago due to ill health had not been able to use the consent. The business sold hot and cold food and drink.

 

(c)                    Questions for the Applicant from the Sub-Committee

 

The Sub-Committee asked why were the proposed opening hours between 4.00p.m. and 10.00p.m. Mr I Polat replied that these hours best suited the residents of North Weald Village.

 

The Sub-Committee enquired about the applicant’s previous experience. Mr I Polat replied that he had run similar businesses both in the UK and abroad. He advised that he had a hot food van.

 

Members asked who the applicant was expecting as customers? The applicant replied that he was hoping to attract residents of the village, he added that his van was not used at other times and would be driven home after trading each night.

 

The Sub-Committee asked if it were possible for any other party to use Mr I Polat’s vehicle. The Licensing Officer intervened and could only confirm that the applicant had public liability insurance for the vehicle.

 

The Sub-Committee were concerned about littering around the van. The applicant advised that he had two bins, one inside and one outside the van. He assured the Sub-Committee that he would remove any litter around the van.

 

(d)                   Questions for the Applicant from the Objectors

 

The objectors asked where would the applicant’s vehicle be parked in Hurricane Way? The Legal Officer advised that no instructions could be given to the  ...  view the full minutes text for item 111.

112.

New Premises Licence Application - Shika Indian Takeaway - 164 Queens Road, Buckhurst Hill, IG9 5BD pdf icon PDF 63 KB

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

Additional documents:

Minutes:

The Members who presided over this item were Councillors R Morgan, A Lion 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 Mr M Rahman, the applicant, and his partner Mr Hussain. In attendance in an observing capacity was Ms R Scott of Essex County Council Child Protection Team. There were no objectors present. The Chairman then introduced the members present and the officers and outlined the procedure that would be followed for the determination of the application.

 

(a)          The Application before the Sub-Committee

 

The Legal Officer informed the Sub-Committee that the District Council had received an application for a Premises Licence for Shikha Indian Takeaway, 164 Queens Road, Buckhurst Hill, Essex IG9 5BD.

 

The Sub-Committee noted that the Licensing Team had notified all responsible authorities and had received responses from Essex Police, Essex County Fire and Rescue Service and Safeguarding Children Family Operations who had no objections. The authority had received four representations from local residents. It was noted that emails and a letter were received from Mr P Jones, Essex Police relating to Challenge 25, secure storage of alcohol on the premises and setting minimum monetary spend for alcohol purchase. This was not an objection and the applicant agreed to the conditions. Emails and letters had been received from Ms P Stacey, Interim Manager of the Quality Assurance and Safeguarding (including IRO) Service Family Operations, Essex County Council, in connection with including Challenge 25 as a condition.

 

The application was properly advertised at the premises and in a local newspaper, it was also sent to 120 premises that fell within 150m radius of Shika Indian Takeaway.

 

(b)          Presentation of the Applicant’s Case

 

The applicant was hoping that his application would bring him more business. He had initiated a minor service providing alcohol with a meal. He was concerned that local businesses had been making complaints about the level of competition. He advised that his business had been experiencing a decline in sales recently. He told the sub-committee that he was flexible about closing times, they could be anytime between 9.00p.m. and 11.00p.m.

 

Mr Hussain said two complaints had been received about alcohol being supplied with food, he informed members that they don’t currently sell alcohol, he said he had stopped giving away alcohol with food when they learnt it was illegal. The Senior Licensing Officer advised that alcohol given away when buying food was not considered free alcohol.

 

The applicant said that he was a personal licence holder, he had been in the business since 1983 and had passed an exam. He had opened a restaurant in Waltham Abbey where he did sell alcohol and had received no complaints. He had also run a restaurant in South Woodford and understood the Challenge 25 policy.

 

(c)          Questions for the Applicant from the Sub-Committee

 

The Sub-Committee asked about the seating arrangements at the premises. Mr Hussain explained that there were sofas at the front  ...  view the full minutes text for item 112.