Agenda and minutes

Licensing Sub-Committee
Tuesday, 9th January, 2018 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: Gary Woodhall (Direct Line 01992 564470)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

54.

Declarations of Interest

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

Minutes:

(a)      Pursuant to the Council’s Member Code of Conduct, Councillors M Sartin, N Bedford, K Chana and L Hughes declared an interest in agenda item 10, Premises Licence Variation - Waltham Abbey Express, 1 Farm Hill Road, Waltham Abbey, by virtue of the fact that a fellow District Councillor had commented on the application. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the issue.

55.

Procedure for the Conduct of Business pdf icon PDF 73 KB

(Director of Governance) To note the agreed procedure for the conduct of business, as attached.

Minutes:

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

56.

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

Hackney Carriage Driver’s Licence – Mr Amir Ali

1

6

Private Hire Driver’s Licence – Mr Rennocks

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:

 

(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 items of business set out below as they 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 was considered to outweigh the potential public interest in disclosing the information:

 

Agenda Item

Subject

Paragraph Number

5

Hackney Carriage Driver’s Licence – Mr Amir Ali

 

1

6

Hackney Carriage Driver’s Licence – Mr Rennocks

1

 

57.

Hackney Carriage Driver's Licence - Mr Amir Ali

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Licensing Enforcement Officer informed the Sub-Committee the Applicant had requested that his application be deferred. The Sub-Committee was amenable to this request, but felt that the application should be considered at the next meeting and in the absence of the Applicant if necessary.

 

Decision:

 

(1)        That the application for a Hackney Carriage Driver’s Licence by Mr Amir Ali be deferred until the next meeting, at the request of the Applicant.

58.

Private Hire Driver's Licence - Mr Rennocks

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee noted that this application had been withdrawn after the publication of the agenda for the meeting.

59.

Inclusion of Public and Press

(Director of Governance) To invite the public and press back into the meeting for the remaining items of business.

Minutes:

Resolved:

 

(1)        That the public and press be invited back into the meeting for the remaining items of business.

60.

New Premises Licence - 109 High Street, Ongar pdf icon PDF 115 KB

(Director of Neighbourhoods) To consider the attached report.

Additional documents:

Minutes:

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr S Kandasamy, the Applicant and operator of the Convenience Store at 109 High Street, Ongar; and Mr P West, the Applicant’s Agent. In attendance on behalf of Ongar Town Council were: Cllr J Bicknell, and Cllr C Feetham. In attendance and objecting to the application was Mr R McNulty. 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 Enforcement Officer informed the Sub-Committee that an application for a new Premises Licence had been received in respect of the Convenience Store at 109 High Street in Ongar, along with representations from interested parties. The application had requested permission to sell alcohol between the hours of 7.00am and 11.00pm on Monday to Sunday.

 

The Licensing Enforcement Officer reported that an objection had been received from Ongar Town Council and five objections from local residents; the objections had related to the prevention of public nuisance, the protection of children from harm, public safety and the prevention of crime and disorder. Representations had also been received from the Essex Fire Service and the Public Health Team, neither of whom had any objections to the application.

 

(b)        Presentation of the Applicant’s Case

 

Mr P West informed the Sub-Committee that the Applicant had been in the supermarket trade for over 20 years with no Police or public complaints against him. The Applicant wanted to add the sale of alcohol to the goods already offered at the premises, in order to compete with other supermarkets who already offered alcohol, and the sale of alcohol would be ancillary to the main supermarket business.

 

In response to the points raised in the letters of objection that had been received in respect of this application, Mr West commented that:

 

            (i)         only 9 crimes had been recorded by Essex Police in this area and    none were alcohol related, therefore this part of Ongar did not have a crime      problem and Essex Police were not in attendance to object to the application;

 

(ii)        the area has too many establishments selling alcohol, but this would contravene the guidance issued by the Government for this legislation and could not be considered as a legitimate reason for objection;

 

(iii)       the fear that customers from the supermarket would sit outside the Royal Oak public house and consume their alcohol, however the Royal Oak public house closed later than the supermarket and this did not happen at the moment with alcohol purchased from other establishments;

 

(iv)       young people would gather outside the supermarket and cause a nuisance, but this behaviour would not be encouraged by the Applicant as it would be detrimental to his business; and

 

(v)        various comments about parking and other traffic issues which were not relevant to the hearing of this application under the Licensing Act  ...  view the full minutes text for item 60.

61.

Premises Licence Variation - NISA Local, 66-70 Borders Lane, Loughton pdf icon PDF 105 KB

(Director of Neighbourhoods) To consider the attached report.

Additional documents:

Minutes:

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr Demirtas, the Manager of the NISA Local store at Borders Lane in Loughton; Mr C Zedek and Mr G Hopkins, Agents for the Applicant. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

 

The Application before the Sub-Committee

 

The Licensing Enforcement Officer informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of the NISA Local store at 66 – 70 Borders Lane in Loughton, along with representations from interested parties. The application had requested permission to:

 

            (a)        incorporate number 66 Borders Lane within the Premises as a         licensed area; and

 

            (b)        allow the Premises to open between 7.00am and 11.00pm on          Mondays to Saturdays and 7.00am to 10.30pm on Sundays.

 

The Licensing Enforcement Officer stated that Essex Police had suggested a number of additional conditions to be applied to the Licence, which the Applicant had agreed, as well as objections to the Application from Loughton Town Council, District Cllr C Roberts, and one local resident. However, Loughton Town Council had withdrawn its objections to the Application after the agenda for the meeting had been published.

 

Presentation of the Applicant’s Case

 

Mr Hopkins stated that the units at 68 and 70 Borders Lane constituted the current Premises; the Applicant had acquired the lease for the neighbouring unit at 66 Borders Lane and wanted to include this unit within the licensed area for the new layout of the Premises. The Applicant also wished to open for an extra hour in the morning, from 7.00am not 8.00am, but there was no changes requested to the permitted hours for the sale of alcohol.

 

Mr Hopkins explained that the Applicant had owned and run these premises for four years. Essex Police had offered a number of conditions to be included on the Licence regarding the installation of CCTV, the implementation of Challenge 25 and staff training, which the Applicant had agreed to and Essex Police had subsequently withdrawn their objections. Loughton Town Council had also withdrawn their objections following the publication of the agenda.

 

Mr Hopkins highlighted that the representations concerning the closure of the Newsagents and Bakers (which was consequently converted into a large café) and the parking issues in the local vicinity were not part of the Licensing Act 2003 and consequently not relevant to the consideration of this application.

 

Questions for the Applicant from the Sub-Committee

 

In response to questions from the Sub-Committee, Mr Hopkins confirmed that 66 Borders Lane was originally a separate retail unit, but since acquiring the lease to this unit, the Applicant had brought these previously vacant Premises into use with the existing shop premises at 68 and 70 Borders Lane. The Applicant had sought Building Regulations approval for the changes made to the three retail units.

 

Mr Hopkins also confirmed that the  ...  view the full minutes text for item 61.

62.

Premises Licence Variation - Waltham Abbey Express, 1 Farm Hill Road, Waltham Abbey pdf icon PDF 121 KB

(Director of Neighbourhoods) To consider the attached report.

Additional documents:

Minutes:

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr E Hazar, the Applicant and owner of the business; and Ms S Hazar, the Applicant’s Legal Agent. In attendance on behalf of Essex Police was Mr P Jones, the Licensing Officer for the Epping & Brentwood area. In attendance as Objectors to the application were: Mr L Emery; Ms D Emery; and District Councillor for the Waltham Abbey South West ward, Cllr H Kane. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

 

The Application before the Sub-Committee

 

The Licensing Enforcement Officer informed the Sub-Committee that an application to vary a Premises Licence had been received from Mr E Hazar in respect of Waltham Abbey Express at 1 Farm Hill Road, Waltham Abbey, along with representations from interested parties. The application had requested permission to extend the licensable hours for the sale of alcohol and the opening hours of the Premises to:

 

            (a)        9.00am to 1.00am on Mondays to Thursdays;

 

            (b)        9.00am to 2.00am on Fridays and Saturdays; and

 

            (c)        9.00am to 12.00am on Sundays.

 

The Licensing Enforcement Officer stated that a representation had been received from Essex Police, as a responsible authority, as well as eleven representations from interested parties. The representations related to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Presentation of the Applicant’s Case

 

The Applicant explained that Waltham Abbey Express was a convenience store which he had operated for the past six years. The Premises would be subject to an upward rent review later in the year, and hence this application to extend the hours for the Premises Licence to generate additional income from the business.

 

The Applicant had always extended his full co-operation to the Police, and had never been in trouble with either the Police or the Council as the Licensing Authority. There had been no instances of sales of alcohol to underage persons from the Premises, and the parking problems experienced in Farm Hill Road were caused by all of the establishments situated there, including the Bookmakers, food outlets and restaurants.

 

Questions for the Applicant from the Sub-Committee

 

In response to questions from the Sub-Committee, the Applicant stated that he needed to generate extra revenue from the business to pay the increased rent, hence the submission of the application for additional hours for the sale of alcohol.

 

In relation to the conditions suggested by the Police, Ms Hazar explained that the Applicant was happy to accept the majority of them; the exceptions were the prohibition on selling individual cans of beer, and the limit on alcohol to be sold at 6% by volume for beers and ciders.

 

Questions for the Applicant from the Objectors

 

Mr Emery produced some photographs of the parking issues experienced in Farm Hill Road, and contended that the Pizza restaurant  ...  view the full minutes text for item 62.