Agenda and minutes

Under the terms of reference for the Licensing Committee each Sub-Committee is required to elect a Chairman on an ad hoc basis for the duration of the meeting.

            RESOLVED:

That, in accordance with the Terms of Reference for the Licensing Committee, Councillor R Morgan be elected Chairman for the duration of the Sub-Committee meeting.

No apologies were received.

(Assistant to the Chief Executive) 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, 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.

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.

On the application of the applicant’s legal representative and the Police legal representative, the Sub-committee agreed that the public and press be excluded from the meeting on the grounds that information to be given to the Sub-Committee would prejudice ongoing criminal investigations.

RESOLVED:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

5                      Review of Premises Licence –

Club 195, Epping                                            1,2 & 7

To consider the attached report.

The Chairman welcomed the participants and introduced the members and officers present and then requested that the participants introduce themselves to the Sub-committee.

In attendance were the Premises licence holder, Mr S Cummings, his legal representative Mr D Dadds, Mr D King and Mr N Dermott. Representing Essex Police who had requested the review of the Premises Licence was Superintendant S Williams, Inspector T Simons, PC Folley and Counsel for the Police Mr N Sykes and solicitor Ms F Philpot.

The Chairman outlined the procedure that would be followed for the determination of the review of the Premises Licence for Club 195, Cottis Lane, Epping.

a)         The application before the Sub-committee

An application for a Summary Review of the Premises Licence issued to Club 195, Cottis Lane, Epping, Essex under section 53A of the Licensing Act was made on 29 September 2009. This certificate stated that in the opinion of T/Inspector Tom Simons the premises were associated with serious crime and disorder.

On 1^st October 2009 a Licensing Sub-committee agreed to suspend the Premises Licence until a Review hearing. The interim suspension came into affect on 1^st October 2009.

The review today was to consider whether this interim step was necessary for the promotion of the licensing objectives and to determine whether the interim step should be withdrawn or modified.

Mr Dadds requested an adjournment until 3pm in order to give their witness Mr Nigel Dermott, time to arrive. In the meantime he had some papers for the sub-committee’s consideration that they could read while waiting. The Counsel for the police raised no objections to this and indicated he also had some extra paper work for the sub-committee to look at. On consideration in consultation with Mr Dadds it was decided that the police paper work be excluded from this meeting as it was introducing new evidence into the proceedings.

The meeting adjourned and reconvened again at 3.04 pm.

It was agreed that the Police would put their case first and then the Licence holder’s counsel would respond.

b)         Presentation of the Applicants’ Case

Mr Sykes on behalf of Essex Police said that this review was asked for following an incident outside Club 195 on 26 September 2009 when 8 people were assaulted. He outlined what happened that night using the Police intelligence report. He drew the Sub-committee’s attention to page 17 of the agenda where the background and reasons to the application were given. He noted 47 other incidents over the last twelve months at this premises, of which included five incidents of Grievous Bodily Harm, ten incidents of Actual Bodily Harm, seven other disturbances, seven thefts and six common assaults. He also drew attention to the various meeting held with the Club management to upgrade their procedures and facilities.

c)         Presentation of the Licensee’s case

Mr Dadds acting for the Licensee opened his case by saying it was important to get his clients relationship with the police right. They had no objections to what  ...  view the full minutes text for item 66.