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:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

     5                 New Application for a Hackney                                     1

                        Carriage Driver’s Licence –

                        Mr T Vhora

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr T Vhora for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Morgan, Dorrell and Thomas. Members noted that Officers did not have delegated powers to determine this application and, as a result, the application had to be considered by the Sub-Committee.

The Chairman welcomed the applicant and his wife and introduced the Members and Officers present. The Senior Licensing Officer 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 the application in private.

The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

RESOLVED:

That the application for a Hackney Carriage Driver’s Licence for Mr T Vhora be refused, as the Sub-Committee were not satisfied that the Applicant was a fit and proper person to hold such a licence as he had not held a full driving licence in the UK for 3 years and did not consider that sufficient reasons have been put forward to depart from the Council’s policy.

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 and documents.

The three Councillors that presided over this item were Councillors Morgan, Dorrell and Thomas.

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 were Mr P Warne from TLT Solicitors, Mr A Willis, the Licensee and Mr D Hills from Punch Taverns.

(a)        The Application before the Sub-Committee

The Senior Licensing Officer introduced the application. The application before the Sub-Committee had been made by Punch Taverns PLC for a variation to The Black Lion Public House, 293 High Street, Epping. The application had requested permission to:

(i)         Licence a building at the rear of the premises;

(ii)        Licence the outside area to permit waiter/waitress service; and

(iii)       Amend conditions relating to the protection of children from harm.

The Operating Schedule set out the conditions which would be attached to the licence.

The application had been received on 28 May 2015 and the Responsible Authorities had received a copy of the application, with it being properly advertised at the premises and in a local newspaper. The Licensing Unit had received responses from Essex Police, Essex County Fire & Rescue Service and from the Children’s Safeguarding Services all of whom had no objections. There were 3 representations received from local residents.

(b)       Presentation of the Applicant’s Case

The applicant’s Counsel, Piers Warne stated that Punch Taverns was a responsible corporation and the current operators of the premises Alan and Laura Willis had been in situ for over twelve months. They were both experienced in managing licensed premises (over 20 and 15 years respectively). There had been no criminal incidents and no formal complaints received in the last year.

Mr Warne advised that there were two parts to this application:

(i)         The first part of this application was to licence a building at the back of The Black Lion known as ‘the barn’ and to allow licensable activities to be undertaken within it. The application also sought to licence the outside areas to permit waiter and waitress service to customers for sales of alcohol as well as food. There was no intention to have live or recorded music in the outside areas, this would be restricted to the interior of the barn and The Black Lion.

The barn had been sound-proofed, was fully air conditioned and had no windows therefore except for entry and exit there would be no noise escape during private functions. The barn had a capacity for 70 persons although for comfort and control reasons the function size would be limited to a maximum of 60 persons. Any events held in the barn would be risk-assessed, including whether there was a need to provide door staff and anyone booking the barn would have to provide a full guest list of those attending. During the day the barn was used for training and other  ...  view the full minutes text for item 6.

(Director of Neighbourhoods) To consider the attached report and documents.

The Senior Licensing Officer informed Members that this application had been postponed until a future meeting.