Agenda and minutes

Licensing Sub-Committee
Tuesday, 5th November, 2019 10.00 am

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

Contact: Adrian Hendry, Democratic Services (Direct Line 01992 564243)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

36.

Declarations of Interest

To declare interests in any item on this agenda.

Minutes:

No declarations of interest were made by members of the Sub-Committee, pursuant to the Council’s Code of Conduct.

 

 

37.

Procedure for the Conduct of Business pdf icon PDF 219 KB

To note the adopted procedure for the conduct of business by the Sub-Committee.

 

Minutes:

The Sub-Committee noted and agreed the procedure for the conduct of business.

 

 

38.

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

5

Application for a Hackney Carriage Driver's Licence –  Ms I Gaizer

         1

 

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.

 

Background Papers:  Article 17 - 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 and in respect of executive reports, the advice of any political advisor.

 

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

Minutes:

RESOLVED:

 

That in accordance with 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 it would 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

 

5

 

 

 

 

 

 

 

 

Local Government (Miscellaneous Provisions) Act 1976 & Town & Police Clauses Act 1847 –

Application for a Hackney Carriage Driver's LicenceMs I Gaizer

 

 

1

 

 

 

 

 

 

 

39.

Application for a Hackney Carriage Driver's Licence - Ms I Gaizer

To consider the attached report.

Additional documents:

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence from Ms I Gaizer. The three councillors that presided over this item were Councillors M Sartin (Chairman), S Heather and S Neville. Members noted that officers did not have delegated authority to determine this 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 Compliance Officer, D Houghton informed the Sub-Committee of the circumstances under which the licence could not be dealt with under delegated authority.

 

The applicant made a short statement in support of her application before answering a number of questions from members of the Sub-Committee. The Chairman requested that everyone, except the Licensing Sub-Committee members and advising officers leave the chamber whilst they considered the application.

 

The Chairman invited the applicant and Licensing Officer back into the chamber and informed the applicant of the Sub-Committee’s decision.

 

The Chairman advised that during their deliberations in private session they had received no advice from officers whilst determining the application.

 

            RESOLVED:

 

That the application for Hackney Carriage Drivers Licence be granted, subject to the applicant passing the Council’s knowledge test, as the Sub-Committee were satisfied that the applicant was a fit and proper person to hold a driver’s licence.

 

 

40.

Inclusion of Press and Public

To invite the public and press back into the meeting for the remaining items of business.

 

Minutes:

            RESOLVED:

 

That the public and press be invited back into the meeting for the remaining item of business.

 

 

41.

Green's Steakhouse & Grill, 3 Centric Parade, 200 High Road, Loughton, IG10 1DN pdf icon PDF 335 KB

To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors M Sartin (Chairman), S Heather and S Neville. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee.

 

In attendance on behalf of the application were Mr B Green the founder of the company, Mr V Maksimuk, the area manager and Ms A England a paralegal.

 

Mr D Linnell (Loughton Residence Association) was also present as an objector as well as Mr P Jones, Essex Police Licensing Officer, who was there as an observer.

 

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application

 

(a)          Application before the Sub-Committee

 

The Licensing Compliance officer, H Ibrahim introduced the application for a new  premises licence for Green’s Steakhouse & Grill, 3 Centric Parade, 200 High Road, Loughton. She began by explaining that the application was for the provision of live music, Monday to Sunday from 11.00 to 00.00hours. the provision of recorded music, Monday to Sunday 08.00 to 00.00 hours. The provision of late-night refreshment, Monday to Sunday 23.00 to 00.00 hours. The supply of alcohol, Monday to Sunday 08.00 to 00.00 hours. And for nonstandard timings on Christmas eve and New Years’ eve.

 

All responsible authorities had been notified. The application had been advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises had been individually consulted.

 

The authority had received one representation from Loughton Town Council, one representation from the Loughton Residents Association and two representations from local residents. Responses had also been received from Essex Police, Mr C Smith the Environmental Enforcement Officer.

 

Comments had also been received from the Planning Department within EFDC. As the Planning Department was not a responsible authority it could not be considered as a representation.

 

It was noted that the application included the use of tables and chairs in the outside area however this was highways land and the Council could not issue a licence for this and it would not form part of the application.

 

(b)          Presentation of the Applicant’s Case

 

Mr Green said that Green’s Steakhouse was an award winning restaurant and the focus was on food and not drink; it had a 70/30 split with the 30 being drink.  But they do need an alcohol licence and the ability to play music (not live), playing soft, jazz type, music. Also, over the last 6 years they had a live jazz duo playing on New Year’s Eve (unplugged) and so would need a music licence.

 

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

 

The Sub-Committee asked about the comments from the planning department which stated that they were allowed to be open only from 07.00 to 01.00 Mondays to Saturday and 08.00 to 22.00 on Sundays. Would they be finishing later than this? Mr Green said that they would usually be finished and closed by 10pm Monday to Thursdays and there was no reason why they  ...  view the full minutes text for item 41.

42.

Fruteria, 232 High Road, Loughton, IG10 1ET pdf icon PDF 239 KB

To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors M Sartin (Chairman), S Heather and S Neville. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee.

 

In attendance on behalf of the application was Mr Y Metin the applicant.

 

There were no objectors present but Mr P Jones, Essex Police Licensing Officer was present as an observer.

 

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.

 

(a)          Application before the Sub-Committee

 

The Licensing Compliance Officer, H Ibrahim introduced the application for a new premises licence for Fruteria Ltd. at 232 High Road, Loughton, IG10 1ET. The application was for the supply of alcohol (off premises) Monday to Saturday, 07.00 to 23.00 hours and Sunday 10.00 to 20.00 hours. The hours the premises will be open to the public Monday to Saturday 07.00 to 23.00 hours, Sunday 10.00 to 20.00 hours.

 

All Responsible Authorities have been notified and it had also been advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

 

The authority had received two representations form Loughton Town Council and from a local resident. Essex Police had agreed conditions with the applicant, which will be added to the licence if granted.

 

The objections received related to the prevention of crime and disorder, prevention of public safety and the prevention of public nuisance.

 

(b)          Presentation of the Applicant’s Case

 

Mr Metin said that he had started as a greengrocer when they opened in July. Responding to customer feedback they decided to become a mini-market, still including fruit and vegetables, plus alcohol, turning them into a convenience store.

 

This new application was to make a better business and to help the community. He added that he had agreed to the police conditions.

 

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

 

The Sub-Committee asked where would the alcohol would be displayed. They were told that the sprits would be held behind counter, other alcohol products would be displayed at the back of the shop.

 

(d)          Questions for the Applicant from the Objectors

 

No Objectors were present.

 

(e)          Closing Statement from the Applicant

 

The applicant had nothing further to add.

 

(f)           Consideration of the Application by the Sub-Committee

 

The Chairman advised that the Sub-Committee would withdraw from the Council Chamber to consider the application in private.

 

During their deliberations the Sub-Committee received advice from officers present on the options available to them and that any conditions imposed must be appropriate, be capable of being enforceable and must not undermine the licensing objectives and that each case must be determined on its own merits.

 

RESOLVED:

 

That the decision of the Sub-Committee was that the application for a premises licence in respect of Fruteria, 232 High Road, Loughton, IG10 1ET be granted, subject to the following conditions which the Council considered were reasonable, proportionate and in the public interest for the promotion  ...  view the full minutes text for item 42.