Agenda and minutes

Licensing Sub Committee - Thursday 16th January 2014 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

113.

Apologies for Absence

Minutes:

Councillor R Gadsby had given her apologies and Councillor P Keska was substituting.

114.

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.

115.

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.

116.

New Premises Licence application - Orchid 54 Winebar - 54 Sun Street, Waltham Abbey, Essex, EN9 1EJ pdf icon PDF 91 KB

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

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors K Angold-Stephens, P Keska and M Sartin. The Chairman welcomed the participant and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Helary Kurger. 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 Assistant Director of Corporate Support Services (Legal Services) informed the Sub-Committee that an application for a Premises Licence had been received in respect of Orchid 54 Wine bar, 54 Sun Street, Waltham Abbey along with representations from interested parties.

 

The representation received from Essex Police had been withdrawn following Mr Adeshina, the applicant agreeing to the following conditions;

 

Licensing Activities

Thursday – Sunday 00:00

Friday – Saturday – 01:00

 

CCTV covering the internal of the premises, including the front door will be installed and maintained. It will be recording at all times the premises are open to the public and will be kept in an unedited format for a period not less than 14 days. The images are to be made available to Police, Local Authority or Trading Standards for inspection upon lawful request.

 

In relation to challenge 25, the premises will operate a “No ID, No Sale” policy.

 

In addition to the condition the Assistant Director of Corporate Support Services (Legal Services) advised that the registered address of business needed to be amended on the application, as the address was incorrect and in the licensing objectives paragraph d) The prevention of public nuisance, the word ‘nuisance’ needed to be added, to read as the following;

 

‘Amplified music will not be played at a level which will cause any unreasonable nuisance to the occupants of any neighbouring properties in the vicinity.’

 

Presentation of the Applicant’s Case

 

Helary Kurger advised that the applicant Mr Adeshina had been unable to attend this evenings meeting and that she would be representing the application. Ms Kurger advised that they were creating an up market wine bar, serving bar snacks and wine with light music in a relaxed atmosphere.

 

Questions for the Applicant from the Sub-Committee

 

Councillor Sartin asked what were the premises above the wine bar used for and with the amended closing times being reduced to 00:00, would this mean that alcohol would stop being served at 23:30 and closing at 00:00. Ms Kurger advised that they were offices for an accountancy firm and yes the closing time would be 00:00.

 

Councillor Keska asked about where on the floor plan was the kitchen, if snacks were being served. Ms Kurger advised that there was no kitchen as the snacks were picky bits and did not require a kitchen.

The Sub-Committee enquired where Ms Kurger would be happy to amend section 18 of 19, licensing Objectives d) The prevention of public nuisance to state that ‘no speakers would be placed outside the premises’. Ms Kurger was happy to accept this amended condition.

 

Councillor Angold-Stephens  ...  view the full minutes text for item 116.

117.

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.