Agenda and minutes

(Director of Governance) To declare interests in any item on this agenda.

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

(Director of Governance) As per the attached extract from the Council’s Constitution.

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

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors Sartin, Morgan and Surtees. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr M Timur, the owner of Molens Café/Restaurant; and Ms M Allison, the Applicant’s Agent. In attendance and objecting to the application were: Mr P Brogan; Mr C Elliott; and Mr P Hinds. Also in attendance was Mr P Jones from Essex Police. The Chairman then introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Licensing Officer informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of Molens Café/Restaurant at 209D/E High Road in Loughton, along with representations from interested parties. The application had requested permission to vary the Premises layout with the inclusion of a single storey extension at the rear to provide additional seating area for dining and toilet facilities. There had also been an outbuilding constructed at the rear of the property to provide storage and cold rooms, plus a smoking area.

(b)        Presentation of the Applicant’s Case

Ms Allison informed the Sub-Committee that it was intended for the area shaded yellow on the map on page 37 of the agenda pack to become the new licensable area for the Premises. The further application to include the garden and outbuildings had been withdrawn following discussions with Licensing Officers. There were no other variations requested to the existing Licence.

(c)        Questions for the Applicant from the Objectors

Mr Brogan thought that the plan supplied with the application showing the location of the Bar area was at variance with the planning application for the Premises; however, the Chairman ruled that this was not relevant as the Bar area was within the area already licensed.

Ms Allison stated that customers could smoke at the front of the Premises, with alcohol at the tables positioned on the High Road. The Chairman enquired if this area to the front of the Premises had been licensed; after checking the paperwork for the Premises, the Licensing Manager stated that the front of the Premises was not currently licensed and had not been included in the paperwork accompanying the application. Mr Jones from Essex Police commented that the front of the Premises was not deemed to be a problem area and had thought that it had been included as part of the application. The Legal Officer advised that, in fairness to the Objectors, the licensing of the area to the front of the Premises should be the subject of a separate application.

Mr Timur informed the Objectors that he was the owner of Molens Café/Restaurant, but was not in attendance at the Premises all of the time as he owned two other Cafes as well. Mr Timur stated that his brother was the Premises Manager at Molens.

Ms Allison added that the bi-fold doors  ...  view the full minutes text for item 74.

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors Sartin, Morgan and Surtees. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Ms C Johnson, Solicitor for WM Morrison Supermarkets PLC; and Ms K Nicholls, Licensing Compliance Officer for WM Morrison Supermarkets PLC (hereafter referred to as Morrison). There were no objectors in attendance. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Licensing Officer informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of the branch of Morrison Supermarkets at 246-250 High Road in Loughton. The application had requested permission to sell alcohol between the hours of 6.00am and 12.00pm Monday to Sunday and January to December inclusive, and to remove the existing restrictions for the sale of alcohol on Good Friday and Christmas Day. Currently, the Premises was permitted to sell alcohol between 8.00am and 11.00pm Monday to Saturday and 10.00am to 10.30pm on Sunday; 8.00am to 10.30pm on Good Friday and Christmas Day; and 6.00am to 11.00pm on Monday to Saturday during the month of December. The Premises was permitted to open between 6.00am and 12.00pm Monday to Sunday. Some additional conditions had also been suggested, should the application be successful.

(b)        Presentation of the Applicant’s Case

Ms Johnson stated that Morrison operated over 500 supermarkets across the country and 95% of these had permission to sell alcohol between 6.00am and 12.00pm. The reason for the application was to match the Sale of Alcohol hours to the permitted Opening Hours of the Store, and the removal of the restrictions currently in place for Good Friday and Christmas Day was a tidying-up process. The Sub-Committee was informed that a Morrison Supermarket had never had a Licence reviewed, and there was an extensive training programme in place for staff.

Ms Johnson highlighted that no objections to the application had been received from an Environmental Health Officer, or anyone connected to public safety; the four conditions listed on page 83 of the agenda pack had been agreed with Essex Police by the Applicant.

Ms Johnson acknowledged that two objections had been received in respect of the application. The first from Loughton Town Council could be considered as a speculative objection, which could be dealt with by the use of notices outlined in condition 4 agreed with Essex Police. No evidence of an increase in anti-social behaviour and disturbance to neighbouring properties had been produced by the Town Council. In respect of the second objection, there had been no complaints received from the Belton family by the Store; in fact, that had been no complaints received by the Store from any neighbours in the previous twelve months. This could be considered as a general objection as there were no specifics within. It was inevitable that the neighbours would hear  ...  view the full minutes text for item 75.

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.

The Sub-Committee noted that there was no business which neccessitated the exclusion of the public and press from the meeting.