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 Code of Member Conduct.

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

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 considered a request from Essex Police concerning CCTV footage that was required to be excluded from the public and press on the grounds that the information to be given to the Sub-Committee would prejudice ongoing criminal investigations

            RESOLVED:

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):

(Director of Neighbourhoods) To consider the attached report.

The Chairman of the Sub-Committee, Councillor T Boyce welcomed the participants and introduced the Members and Officers present. The three Councillors that presided over this item were Councillors T Boyce, A Lion and B Surtees. The Chairman then requested that the participants introduced themselves to the Sub-Committee.

In attendance on behalf of the premises were; P Warne, Counsel for Greene King Retailing Ltd, M Cleary, the Owner and Designated Premises Supervisor (DPS),  M O’Connor and M Greens from Greene King Retailing Ltd and S Maxhuni, the Head Doorman at the Premises.

In attendance representing the Essex Police were; A Ranatunga and F Philpott, Counsel for Essex Police, Superintendent T Roe, G Ashford for Essex Police, J Nash County Licensing Officer for Essex Police and T Mitchell for Essex Police.

(a)        The Review before the Sub-Committee

The Assistant Director of Environment and Neighbourhoods, J Nolan advised that on 11 April 2016 an application for an Expedited Summary Review of a Premises Licence under Section 53A of the Licensing Act 2003 had been received from Essex Police in respect of a Premises Licence issued to The Nu Bar, Loughton, Essex, IG10 4LF. The certificate stated that in the opinion of Essex Police Superintendent Trevor Roe, the Premises had been associated with both serious crime and disorder.  On 12 April 2016, a Licensing Sub-Committee considered the Essex Police's review application and decided that the Premises Licence should be suspended until a Review hearing could be heard, because the Sub-Committee felt that there could be a danger of further serious crime and disorder.

Following the Licensing Sub-Committee’s decision, thePremises Licence Holder submitted representations against the interim step imposed and a hearing was held on 14 April 2016. The Licensing Sub-Committee determined that the suspension would remain in place until a full hearing could be heard within a statutory period of 28 days on 3 May 2016, as the Sub-Committee decided that the original decision of the panel on the 12 April 2016 was proportionate and reasonable under the circumstances. The application for the full review was advertised in accordance with Section 53(A)(3)(c) of the Licensing Act 2003 and Regulation 38 of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005.

It had been suggested and agreed that the Police would present their evidence first with the additional CCTV footage from 10 April 2016. The Sub-Committee were advised that the incident on 10 April 2016 was currently under investigation by the Police and therefore the public and press should be excluded from the meeting when discussing the evidence and CCTV footage.

The press and public were excluded from the meeting at 10.45 a.m. whilst the CCTV footage was shown and discussed.

The CCTV footage was shown of events of the incident which occurred on 10 April 2016 which involved alcohol drinks being served after the licensing hour, a fight breaking out outside the Nu Bar, regained access to the Nu Bar by a suspect.

The press and public were allowed  ...  view the full minutes text for item 95.