Agenda and minutes

Chairman’s Webcasting Introduction:

1. This virtual meeting is to be webcast. Members are reminded of the need to

unmute before speaking.

2. The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the

internet (or filmed) and will be capable of repeated viewing (or another use by such

third parties).

Please also be aware that if technical difficulties interrupt the meeting that cannot be

overcome, I may need to adjourn the meeting.”

The Chairman made a short address to remind everyone present that the meeting would be broadcast live to the internet, and would be capable of repeated viewing, which could infringe their human and data protection rights.

To declare interests in any item on this agenda.

There were no declarations of interest made pursuant to the Members Code of Conduct.

Please find attached the revised procedures for holding and attending a virtual

meeting of the Licensing Sub-Committee.

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

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 items of business set out below on 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 are confidential under Section 100(A)(2):

To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan, P Keska and M Sartin.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the summary review. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the applicant was Peter Jones, Essex Police Licensing Officer. For the premises licence holder were Mr Robert Southerland (Barrister) for Mr Mustafa Kalayci, the licence holder, and Hasim Demir.

(a)          Application before the Sub-Committee

The Licensing officer, D Houghton, introduced the application for an Expedited Summary Review of a Premises Licence under Section 53A of the Licensing Act 2003 and where a Certificate under Section 53A(1)(b) of the Licensing Act 2003 was received from Essex Police in respect of a Premises Licence issued to Abbey Grill, 18 Sun Street, Waltham Abbey, EN9 1EE.

On 15^th June 2020 in accordance with Section 53B of the Licensing Act 2003, the Licensing Authority after reading Essex Police's review application and the Certificate made the decision to implement the following interim steps to take effect immediately:

(a)       The exclusion of the Sale of Alcohol by retail from the scope of the licence.

(b)       The removal of the Designated Premises Supervisor (DPS) from the licence

(c)       To suspend the Premises Licence until a full Review hearing, (28 days can take place.

A copy of the application for a summary review was served on the holder of the Premises Licence and all responsible authorities.  The certificate served on the holder of the premises licence, stated that in the opinion of Superintendent C Saunders the Premises were associated with serious crime.

In support of the application Essex Police had supplied a supplementary documented account of the incidents.

The Licensing Authority had received a representation from Waltham Abbey Town Council relating to the licensing objective of The Prevention of Crime and Disorder.

Members were asked to make their decision based on consideration of any representations received with a view to promoting the four licensing objectives which were:

·                     Prevention of crime and disorder.

·                     Public safety.

·                     Prevention of public nuisance.

·                     Protection of children from harm

And that in the case of a review of a Premises Licence the Licensing Sub?Committee had the following options:

(a)        To modify the Conditions of the Premises Licence and/or attach new conditions;

(b)        To exclude from the Licence a licensable activity;

(c)        To remove the Designated Premises Supervisor;

(d)        To suspend the Licence for a period not exceeding 3 months;

(e)        To revoke the Licence;

(f)        To leave the Licence in its existing state.

(b)          Presentation of the Applicant’s Case

Mr Jones advised the meeting of Essex Police’s case as made in the paperwork attached to the agenda. He noted that a lot of the information was still under police investigation and so could not be made public.

He advised that the mention of the premises lease in the license holder’s paperwork was not  ...  view the full minutes text for item 9.