MINUTES OF THE PLANNING AND GENERAL PURPOSES COMMITTEE

HELD AT EPPING HALL ON TUESDAY 11^TH SEPTEMBER 2007

PRESENT       Councillors: K. Avey (Chairman); Miss O D Dunseath (Vice Chairman); J.A. Smith; R. Macrae; Miss M Starling, J. Lewis, N. Hines (Town Mayor) and B.D. Murphy (Deputy Town Mayor)

OFFICER        Bob Whittome (Town Clerk)

Two members of the public were present.

163.     APOLOGIES FOR ABSENCE

No apologies were received.

164.     CONFIRMATION OF MINUTES

The minutes of the meeting held on Tuesday, 28^th August 2007, were confirmed.

165.     DECLARATIONS OF INTEREST

Cllr Murphy declared a non-prejudicial interest in relation to item 8 of the agenda,  Epping’s night life – licensing issues – control of anti-social behaviour.

166.     EPPING’S NIGHT LIFE – LICENSING ISSUES – CONTROL OF ANTI-SOCIAL BEHAVIOUR

On a motion of the Chairman, and in view of the presence of Inspector Neil Fox and Mr Simon Fisher of Essex County Police, Members AGREED to take this item ahead of other matters on the agenda.

The Clerk advised Members that both the police force and the district council’s Licensing Sections had been approached in regard to this agenda item.  The police had kindly agreed to send officers, but the district council had determined that most of the issues which were being raised were police issues and therefore the district council’s Licensing Officer had offered to attend a subsequent meeting should Members determine that there was a need for her presence.

Mr Fisher gave a brief presentation in respect of his role as the Essex Police Licensing Officer and outlined his dealings with premises in Epping.  He stated that under the new licensing arrangements, the licensing authority is now Epping Forest District Council and the police worked closely with Epping Forest District Council in the determination and the enforcement of licensing issues.  Some of the enforcement work is carried out by the Environmental Services section of EFDC and the Planning Section  but of course the matters relating to general disorder or criminality remain police issues. 

The only really late night entertainment in Epping is carried on at two premises at 195 High Street.  Prior to the current owners taking over the license for what is now the Club 195 premises, a license up to 4am had been issued.  Actually the current owner closes the bar at 2am and the Club is closed at 3am.  By negotiation CCTV arrangements within the Club have been improved, a taxi firm has now been incorporated in the arrangements, and Cottis Lane illuminations have also been improved.  At the present time, arrangements are in hand to increase surveillance of the premises in relation to drug issues.  Current case law states that a licensee has a duty of care in the vicinity of his premises, however, this arrangement has not been defined as yet.  If incidents occur, then the standard of evidence required is ‘proof beyond reasonable doubt’ in relation to such incidents and this is frequently difficult to obtain.  Mr Fisher stated that  the Club 195 has a capacity of 500 people, whereas The Edge venue has a capacity of 244 people.  Both premises are run on the basis of the same hours and similar arrangements.  Club 195 is a Club whereas The Edge venue is not a ‘Members Only’ facility.  18 door staff are currently employed on Friday and Saturday at Club 195 and arrangements for those staff are that they will escort people leaving the Club and facilitate taxi and transport arrangements for such people.

Inspector Fox advised Members that each incident is reviewed and recorded and where incidents occur, usually a crime scene would be automatically closed until such time as the gravity of the incident was fully understood.  It was these ‘crime scene’ incidents that were often misunderstood by the public to represent serious knife or gun crime, when actually crime scenes may automatically be established for very minor incidents so as to preserve evidence.

A general discussion followed at which Members pointed to the fact that problems of noise and sleep disturbance were quite widespread throughout Epping and were thought to be emanating from the two premises.  Members expressed concern at the drugs issues.  The arrangements for licensed door staff were discussed and Members were assured that there was a good level of communication and co-operation between the police and the door staff at both venues.  Members were concerned at the possible developments that may occur as a result of the new ownership of the Half Moon and its effect on the level of disturbance of local residents.  They were advised that no license extension had yet been applied for.  There was general agreement amongst all present that the prospect of nude or semi-nude activities at any town venue was undesirable for a small rural town in Essex.  It was also understood by all parties that much of the clientele for Club 195 were people from outside Epping whereas many of the visitors to The Edge facility are younger people from the immediately surrounding area.  The problems of parking on Bank Holiday Mondays were discussed and Mr Fisher suggested that unlawful parking in the market area would probably fall under one of the four objectives of licensing in that it creates a public nuisance by preventing the street market from being erected.

Overall, Members were concerned that there should be some kind of review of the licensing arrangements for very late night life activity which affected many Epping residents and that it may be necessary to carry this matter further forward.  Members agreed to NOTE the presentation and comments made by Inspector Fox and Mr Fisher, who they thanked for coming along and speaking to Council.  It was also AGREED that the Clerk bring forward a further item on this matter to allow Members an opportunity to consider further how this matter may be progressed.

167.     REPORTS AND INFORMATION NOT REQUIRING A DECISION OF COMMITTEE

The Clerk advised Members that the County Council Highways Section has set aside a fund of £30,000 for remedial works to bollards, pedestrian surfaces and barriers in Epping High Street.  This work will follow on from other works relating to kerb build-outs in the market area.  The Clerk also advised Members that he had written to both the district and county councils in relation to the kerbing proposals in the market area, suggesting that this matter should be reviewed along with other parking issues to avoid wasting money and damaging the market operation.

168.     PLANNING APPLICATIONS

Five applications for planning permission were considered and the plans inspected. 

169.     CONSULTATION – PLANNING PROTOCOL

The Clerk provided a briefing note for this item which had been deferred from the committee’s meeting of 28^th August (minute 148 refers).  The Clerk advised Members that, in general terms, the changes to the guidance are minor and merely reflect current national guidance.  Much of the guidance does not specifically relate to parish councillors; however attention should be drawn to the following matters which are relevant to Town Council Members:

1)         Guidance on Gifts and Hospitality, Section 4:

Gifts with a value over £25 must be registered and will be relevant in determining interests.

2)         Protocol on Use of Council Facilities, Sections 2 and 3:

Because councils may only make decisions corporately, Members generally do not engage in correspondence on behalf of council.  When corresponding as a Councillor, Members will not use standard council letterheads on any item of correspondence; rather all members correspondence must carry a disclaimer clearly stating “any opinions given are not necessarily the opinion of council.”

Members may not use council’s resources for party political purposes.

3)         Planning Protocol, Sections 10 and 11:

Arrangements for retaining impartiality at pre-submission meetings with developers or objectors are outlined.  This information is relevant for any private meeting on a planning matter (and by extension, of any other matter for decision via committee or full council) prior to committee’s decision, because it is necessary to demonstrate that all decisions have been made in an open matter on the basis of all available facts.  The overall principle is that, if possible, it is wise to avoid such meetings.  However, if it is necessary to hold such meetings, it is important to ensure that no commitment to support or object is given.  The demonstration of this impartiality is assisted if an officer is present or at least aware of the meeting.

Committee RESOLVED to make no comment to the changes to the protocols and to NOTE the Clerk’s briefing note outlined above.

170.     EFDC PLANNING DECISIONS

Committee NOTED the decisions of Epping Forest District Council Area Planning Sub-Committee East.

GRANTED:  

REFUSED: