Agenda and minutes

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

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.

RESOLVED:

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

    5                  Hackney Carriage Driver’s Licence –                            1

                        Mr Naseem Saed

    6                  Hackney Carriage Driver’s Licence –

                        Suspend or Revoke Current Licence                            1

                        Mr Arif Raza

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

The Sub-Committee considered an application by Mr Naseem Saed for a Hackney Carriage Driver’s Licence. The Sub-Committee for this item consisted of Councillors L Leonard, R Morgan and P Smith. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee. The Chairman welcomed the applicant and introduced the Members and Officers present. The Assistant Director, Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

The applicant made a short statement in support of his application, before answering a number of questions from members of the Sub-Committee. The applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated this application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

RESOLVED:

(1)        That a Hackney Carriage Driver’s Licence be granted for one year to Mr Naseem Saed, subject to the following condition:

(a)        That the applicant passes the Council’s Knowledge Test.

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

The Sub-Committee considered whether to suspend or revoke the current Hackney Carriage Driver’s Licence for Mr Arif Raza. The three councillors that presided over this item were Councillors L Leonard, R Morgan and P Smith. Members noted that officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee. The Chairman welcomed the applicant and introduced the members and officers present. The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

The applicant made a short statement to the Sub-Committee in support of their application, before answering a number of questions from members of the Sub-Committee.

The Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated his application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

RESOLVED:

(1)        That the Hackney Carriage Driver’s Licence for Mr Arif Raza (H970) be allowed to continue.

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 three Councillors that presided over this item were Councillors L Leonard, P Smith and M Sartin. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Consultant Solicitor Mr Barry Holland and a representative from the Majestic Wine Warehouse Limited, Mr Tom Holland. There were two objectors also in attendance, Mr and Mrs Bernard Winwood. The Chairman 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, Corporate Support Services (Legal) informed the Sub-Committee that the District Council had received an application from Majestic Wine Warehouse Limited for a new premises licence at Unit 2, Station Road, Loughton, Essex IG10 1AA. The application was to sell alcohol between the hours of 08.00 and 23.00, Monday to Sunday. The application had gone out for consultation and that the responsible authorities had been notified. There had been no objections raised by the Police subject to a condition to install CCTV being added onto the Premises Licence, which had been agreed by the applicant. There had been four written objections received from the public, one of which had now been rescinded and one from Loughton Town Council.

Presentation of the Applicants Case

Mrs B Holland advised the Sub-Committee that Majestic Wine Warehouse Limited had 203 outlets across the country and the hours applied for were the standard policy for Majestic Wine Warehouse Limited. The usual hours of opening were from 10am – 8pm Monday to Sunday and these hours were applied across all Majestic Wine Warehouses. The extended hours applied for from 8am – 11pm were for events held for wine tasting and tutorial occasions that occurred approximately once a month.

Mr B Holland explained that the Majestic Wine Warehouse Limited policy was to sell wine by the case, a minimum of 6 bottles could be purchased at one time, beer and cider were sold by the manufacturers packing case and would not be split into smaller quantities, spirits could be bought as single bottles. Majestic Wine Warehouse did not sell any confectionary, tobacco products or alcopops. The average purchase of their customer was £130.00 per visit. He advised that Majestic Wine Warehouse offered internet and telephone sales and provided customers with a delivery service.

Mr Holland advised that they estimated the traffic movement in and out of the warehouse should not cause a problem, there were 15 spaces between the three units and 3 dedicated spaces for the Majestic Wine Warehouse. There were approximately two customers per hour throughout the day. Our delivery van would park outside the warehouse overnight and during the day it would be out delivering to customer and returning to the store to load orders. This was a business where specific people would go to buy large quantities of wines and beer and not go to browse.

Questions for the Applicant from the Sub-Committee

Councillor  ...  view the full minutes text for item 128.