Agenda and minutes

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

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

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.

RESOLVED:

(1)       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 they would involve the likely disclosure of exempt information as defined in the following paragraph of Part 1 of Schedule 12A of the Act (as amended) or were confidential under Section 100(A)(2):

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr Z Hasan. The three Councillors that presided over this item were Councillor R Morgan (Chairman), Councillor J Jennings and Councillor S Neville. Members noted that Officers did not have delegated powers to grant this application 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 Officer informed the Sub-Committee of the circumstances under 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 considered the application.

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

RESOLVED:

That the application for a Private Hire Driver’s Licence by Mr Z Hasan be granted for a period of three years, subject to the applicant passing the Council’s knowledge test.

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee noted that this application had been withdrawn after the publication of the agenda for the meeting.

(Director of Governance) 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.

The three Councillors that presided over this item were Councillors R Morgan (Chairman), S Neville and Caroline Pond.

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 Mr T Lankutis, the applicant and business partner for the premises.

a)            The Application before the Sub-Committee

The Licensing Compliance Officer H Ibrahim introduced the application. The application had been made by Suwalki UK Ltd, for a new premises Licence at 120 Roding Road, Loughton. The application was for the supply of Alcohol Monday to Saturday 07:00 to 21:00 and Sundays 07:00 to 18:00. The application had been received on 7^th March 2018.

The authority had received representations from two local residents. The Police and Essex Fire Service had no objections. Loughton Town Council had no objections to the granting of the licence; however they had requested that the Licence should commence at 08:00 rather than 07:00, in accordance with local shops in the vicinity. The applicant had agreed to this.

b)            Presentation of the Applicant’s Case

Mr Lankutis noted that they were already a news agent that also stocked Eastern European products. They would like to expand and also sell alcohol to make their shop a ‘one stop’ shop.

c)            Questions for the Applicant from the Sub-Committee

A Sub-Committee member asked if Mr Lankutis was the designated premises supervisor. Mr Lankutis replied that he was. When asked if he had done this before, he replied that yes, he had been a premises supervisor at another establishment.

Another Sub-Committee member asked if he was happy to accept the proposed change in hours. Mr Lankutis replied that he was happy to accept that. He had only asked for a 07:00 start as they were a newsagent and that was when they opened.

The Chairman noted that the other objections received were not considered to be valid Licensing objections.

d)            Closing Statement from the Applicant

The applicant had nothing to add to his original statement.

e)            Consideration of the Application by the Sub-Committee

The Chairman requested that the applicant withdraw from the chamber while they considered the application in private. During their deliberations the Sub-Committee received no further advice from the officers present.

RESOLVED:

1)    That the application for a new premises Licence for Suwalki, 120 Roding Road, Loughton, IG10 3EJ be granted subject to the conditions which were consistent with the Operating Schedule and the Council’s mandatory conditions; and

2)    that the opening hours be amended to:

·         Monday to Saturdays – 08:00 to 21:00; and

·         Sundays – 08:00 to 18:00.