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                  Application for a Hackney Carriage                            1                                              Driver’s Licence – Mr Akar

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr N Akar for a Hackney Carriage Driver’s Licence renewal. The Sub-Committee for this item consisted of Councillors R Morgan, M Sartin and L Leonard. In the absence of Councillor Angold-Stephens, due to lateness, Councillor Morgan chaired this item. The 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 Licensing Manager 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. The Applicant answered a number of questions from members of the Sub-Committee, before making a short closing statement. 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:

That a Hackney Carriage Driver’s Licence renewal be granted to Mr N Akar, subject to the Council’s standard terms and conditions.

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 Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors K Angold-Stephens, M Sartin and L Leonard. The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Mr M Timur, the applicant and Ms M Allison, the applicant’s agent. Also in attendance were Mr P Brogan and Mr P Hinds as objectors.

The Licensing Officer, Ms S Kitts informed the Sub-Committee that the District Council had received an application for a new premises licence for Molens, 209 d/e High Road, Loughton. The application was for the sale and consumption of alcohol on site, Monday to Sunday. The responsible authorities had been notified and there had been no objections received from the fire authorities, safeguarding service and the quality assurance people. Essex Police had indicated that they had no representations to make should the applicant be willing to agree to four amendments to the application. The applicant agreed in writing to these amendments.

The District Council had also received seven representations from  Loughton Town Council, a S Yamaguchi, S Lambden, Mr & Mrs Swift, C Elliott, Mr & Mrs Hinds and Mr & Mrs Brogan.

Presentation of the Applicants Case

The applicant’s agent, Ms Allison said that they had amended the opening times to 10.30 to 23.00, and these would be for the area outlined on the ground floor plan circulated and the appropriate area marked in yellow. Following concerns raised they were now asking for the garden area to be excluded from the application.

This was a long established café that had been in existence for the last 16 or 17 years. The alcohol was for the benefit of their customers to enjoy with their meal.

She noted the objections from the neighbours but they were now mostly irrelevant as the garden did not now form part of the application.  Also the cutting down of the trees and bushes were not relevant to the application. They had problems with the garden as it was bit of a dumping ground, overgrown and had problems with vermin. Environmental Health was informed and they have now just cleared up the overgrown area to tidy up the place.

The Café had not received any complaints since Mr Timur had been running it; he had been running these types of businesses for a long time and it was in his interest not to change his business plan.

Questions for the Applicant from the Sub-Committee

Councillor Angold-Stephens asked if they would be introducing the Challenge 25 policy and was told that they would be.

Councillor Angold-Stephens asked if they had applied for planning permission as yet. He was told by the Legal Officer that this was not a relevant question for licensing. However, Ms Allison said that they had got permission but were unsure about the front of the Café as yet, although they had  ...  view the full minutes text for item 153.

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors K Angold-Stephens, R Morgan and L Leonard. The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Ann-Marie Taylor, the applicant’s Solicitor and Martin Kiy the regional manager for McColls Retail Group. Also in attendance were a Mr K Ali and his brother as objectors.

The Licensing Officer, Ms S Kitts informed the Sub-Committee that the District Council had received an application for a new premises licence for Martins, 3 Brook Parade, Chigwell, Essex IG7 6PE by McColls Retail Group. The application was for the sale of alcohol, Monday to Sunday. The responsible authorities had been notified and there had been no objections received from the fire authorities, safeguarding service, police and the quality assurance people. Nine representations had been received, including one from Chigwell Parish Council, along with two petitions, with 24 names on each.

Presentation of the Applicants Case

Ms Taylor noted that this was for the consumption of alcohol off the premises and was to improve the convenience element of the store, this being part of the company’s national plan. They were not turning this store into a full off-licence as they would still stock other items. They already sold alcohol at other stores and have set procedures for this.  Their plan of the store shows the alcohol displayed away from the door.

Their CCTV images would be retained for 31 days and a member of staff would be available at all times for the operation of the CCTV equipment.  They would have a Challenge 25 scheme in place and an interactive till to remind the till operator to confirm the age of the customer if in doubt.  They would then have to confirm that they had seen the ID or record that they had refused the sale.

The staff would receive regular training on the selling of alcohol and on the legal and social affects this had.  They would have refresher training three times a year.

As for objections received, Essex Police and the safeguarding services had raised none. There were no objections raised under crime and disorder. There were other objections relating to the number of places supplying alcohol in the area, but other outlets selling alcohol in that area were not a licensing matter.

As for the matter of public nuisance, concerns had been raised about possible anti-social behaviour. This was a general concern but it had not been supported by any evidence. Anti-Social behaviour was not part of Licensing once outside the application site. Also, no cumulative impact on the area had been proved.

The matter of children consuming alcohol, it was not legal to sell alcohol to children. We carry out test buying and training for all our staff. Our manager has never had any problems at this  ...  view the full minutes text for item 154.