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 and agreed the 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:

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 item of business set out below on the 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 were confidential under Section 100(A)(2):

To consider the attached report.

The Sub-Committee considered a new application for a Hackney Carriage Driver’s Licence from Mr G Emokpae. The three councillors that presided over this item were Councillors R Morgan (Chairman), D Stocker and J M Whitehouse. Members noted that officers did not have delegated powers to determine this licence review 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 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 his 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 left the  Chamber whilst they considered the application.

The Chairman invited the Applicant, Licensing Officer and Councillor S Heather back into the Chamber and informed the Applicant of the Sub-Committee’s decision.

The Chairman advised that they had received no legal advice whilst determining the application.

            RESOLVED:

That the application for a Hackney Carriage Drivers Licence be granted for a period of three years, 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, subject to:

(i)            That a DVLA check be carried out on Mr G Emokpae licence after the first year; and

(ii)           That he lets the EFDC Licensing authorities know as soon as possible if he receives any cautions or conviction or penalty points or disqualifications.

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.

To consider the attached report.

The three Councillors that presided over this application were Councillors R Morgan (Chairman), S Heather and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.

In attendance on behalf of Lidl Great Britain Limited were Amanda Pillinger, solicitor for the applicant, Oliver Barratt (Regional Head of Property – London East) and Rob Cowan (Regional Director).

No objectors were present.

The Chairman then 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 at 140-142 Church Hill, Loughton, IG10 1LH, for Lidl Great Britain Limited. The application was for the supply of alcohol Monday to Sunday, 07.00 to 23.00. the hours the premises would be open to the public would be Monday to Sunday 07.00 to 23.00. the application was received on 9^th May 2019.

The Operating Schedule set out the conditions which would be attached to the licence if the application was granted.

The Responsible Authorities had received a copy of the application and it was also advertised at the premises and the local newspaper.

All residences and businesses within 150 meters radius of the premises were individually consulted.

The authority had received five representations from residents and from Loughton Town Council. The objections related to the prevention of crime and disorder, public safety and public nuisance. The Safeguarding Services, Essex Police and the Public Health Team had no objections.

The Licensing Compliance Officer went on to explain what the Licensing Sub-Committee should have regard to in coming to their decision and what options were open to them when considering the application.

(b)          Presentation of the Applicant’s Case

Amanda Pillinger advised the sub-committee that this application was for a new premises licence made by Lidl Great Britain for the supply of alcohol Monday to Sunday 07.00 – 23.00 and opening hours Monday to Sunday 07.00 – 23.00.

She noted that no objections had been received from the responsible authorities. The objections received from local residents and Loughton Town Council were based on the possibility of potential disturbances which was not something that the sub-committee could take into account.

The premises could operate as a supermarket anyway, but this application was for the sale of alcohol. One of the objections was concerned about the noise from the deliveries, this aspect was covered by planning regulations, however deliveries would be sent into a separate delivery bay that would be soundproofed to minimise any disturbance.

The Town Council objected to excessive trading hours on a Sunday. However, despite the hours asked for, the premises would still have to conform to the existing Sunday trading laws, however, they would still like the hours asked for, granted.

The objection from Ms Connolly was based on the need in this area and the position of the store; both were not relevant to the application and anyway was a  ...  view the full minutes text for item 6.