Decisions

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Decisions published

21/10/2019 - Application for a New Premises Licence Luso Flavors, 24 - 26 Hockerill, Bishops Stortford, CM23 2DW ref: 1291    Recommendations Approved

Decision Maker: Licensing Sub-Committee

Made at meeting: 21/10/2019 - Licensing Sub-Committee

Decision published: 06/11/2019

Effective from: 21/10/2019

Decision:

The Chairman outlined the procedure to be followed.  All those present were introduced.  Councillor C Wilson confirmed that he was not present in his capacity as a Ward Councillor.  He said he was present as a resident of the area.  The Senior Licensing and Enforcement Officer summarised the application for a new premises licence which had been submitted on 2 September 2019.

 

The Sub-Committee was advised that the premises was known as Luso Flavours and the application had been amended on 9 September 2019 and advertised in the Bishop’s Stortford Independent.  The Officer detailed the hours being applied for as detailed on pages 32 and 33 of the report submitted.

 

The Senior Licensing and Enforcement Officer advised that the applicant had taken steps to promote the licensing objectives.  He mentioned in particular no glasses outside, doors being kept shut and a challenge 25 policy.

 

He said that the conditions had been amended by the applicant in consultation with Hertfordshire Constabulary.  The full conditions had been included with the application and had been reproduced at Essential Reference Paper ‘C’.  The Sub-Committee was advised that 4 people had made representations as interested parties and noise nuisance had been a particular concern.  Their concerns were summarised for the Sub-Committee at Essential Reference Paper ‘D’.

 

The Senior Licensing and Enforcement Officer said that the Sub-Committee’s remit allowed Members to attach conditions, limit the hours or refuse the application entirely.  The decision of the Sub-Committee must be evidence based, proportionate and justified.

 

The Officer confirmed to Councillor C Wilson that there was no outside area so late night refreshment and music would be inside the premises.  The sale of alcohol would be on and off the premises as a delivery service was proposed by the applicant.

 

The applicant confirmed that he had sought the hours applied for as it had proved difficult to sell food when no alcohol was included.  He emphasised that he would be happy to accept small changes in opening hours and to the hours for the sale of alcohol

 

Councillor R Bolton commented on the location of the smoking area.  The applicant said the smoking area was to the left of the premises.  He confirmed to Councillor Bolton that he was trying to manage the smoking area given that people lived in flats above the premises.  He believed he could manage this as Luso Flavours was not a busy restaurant.

 

Councillor D Andrews commented on the number of covers that could be accommodated in the premises.  The applicant referred to the advice he had received from Hertfordshire Fire and Rescue and said that the premises could accommodate 30 restaurant covers and a further 20 in the café.

 

Councillor D Andrews expressed concerns regarding young people being on the premises unaccompanied after 8 pm.  The applicant confirmed to the Sub-Committee that he would be content with a condition stipulating that unaccompanied young people should be off the premises by 9 pm.

 

Councillor R Bolton sought and was given clarification that no amplifiers would be used in the street going forward.  The applicant said that this had occurred on one occasion due to a Portuguese religious event and BBQ.  He also stated that all doors would be closed after 9 pm and could comply with that.

 

Following a comment from Councillor C Wilson, the applicant emphasised that there would be no loud recorded music inside the premises.  All music would be background in nature and would finish by 10 pm. 

 

Councillor C Wilson commented on the importance of limiting public nuisance.  He said that residents had found it difficult to enjoy gardens in the vicinity of this premises.

 

The applicant confirmed to Councillor M Stevenson that he was unaware of the insulation in place in Luso Flavors as this was an old building.  He said that background music should not disturb his neighbours.   The Legal Officer confirmed that background music was not a matter for the Sub-Committee as this was not covered by the Licensing regime.

 

Councillor C Wilson made a number of further comments about Luso Flavours being a restaurant or café that was not alcohol led.  He respected the need of the Portuguese community to have a community hub.  He said that the agreed conditions would respect the neighbours.

 

At the conclusion of the closing summary submissions, the Sub-Committee, the Legal Officer and Democratic Services Officer withdrew from the meeting to allow the Sub-Committee to consider the evidence. 

 

Following these deliberations, the Sub-Committee returned.  The Chairman announced that the Sub-Committee had listened to the comments of the Senior Licensing and Enforcement Officer and the residents and had decided to grant the application, with the following hours:

 

Supply of alcohol:     

 

8 am to 10:30 pm on Monday to Thursday

8 am to 11 pm on Friday and Saturday

8 am to 10 pm on Sunday

 

Opening hours:

 

7 am to 11 pm on Monday to Thursday

7 am to 11:30 pm on Friday and Saturday

8 am to 10:30 pm on Sundays

 

RESOLVED – that the application for a New Premises Licence at Luso Flavors, 24-26 Hockerill Street, Bishops Stortford be approved, subject to the following conditions and reasons:

 

Conditions:

 

1.           No unaccompanied children to be permitted on the premises at any time.

 

2.           No children to be permitted on the premises after 21:00.

 

Reasons:

 

1.           The Sub-Committee were concerned that having unaccompanied children on the premises would put at risk the promotion of the Protection of Children from Harm licensing objective, and that it was appropriate to include a condition so as to prohibit any unaccompanied children on the premises at any time.

 

2.           The Sub-Committee, having considered the undertaking made by the Applicant during the hearing, also felt it was appropriate to include a condition to ensure that all children are excluded from the premises from 21:00 onwards on each day.

 

 3.    Having considered both the written and oral submissions of the interested parties, the Sub-Committee were satisfied that a reduction in the hours, as well as the assurances of the Applicant that music will not be above background level, that the Prevention of Public Nuisance objective would not be put at risk.

 

Wards affected: Bishop's Stortford Meads;

Lead officer: Jonathan Geall


16/10/2019 - Consideration of Acquisition ref: 1288    Recommendations Approved

Decision Maker: Financial Sustainability Committee

Made at meeting: 16/10/2019 - Financial Sustainability Committee

Decision published: 31/10/2019

Effective from: 16/10/2019

Decision:

Members received a report asking the Committee to consider a potential acquisition.  The Corporate Property Services Manager said the property detailed in the report had been identified and brought to the Financial Sustainability Board in 2018, and was then presented as an option for purchase at the meeting of the Committee on 22 August.  At that meeting the Committee had agreed to explore a possible purchase subject to negotiation of better terms and the undertaking of further due diligence.  The Corporate Property Services Manager updated the Committee on the outcome of negotiations, setting out the detail which as referred to in the exempt paper before the Committee. 

 

Councillor G Williamson referred Members to the communication all Members of the Committee had received from Councillor K Crofton, setting out some reservations.  He said these reservations did not take account of the improved position achieved through negotiation, including increased potential revenue.  The Council faced a budget shortfall and the revenue would make a significant impact.

 

Councillor A Alder proposed a motion supporting a purchase of the property at the price stated in the exempt report.  She said the option to acquire this property had already been discussed at length, and the Council needed to address the shortfall in its budget. 

 

Councillor A Ward-Booth seconded the motion. 

 

Councillor M Stevenson said the Council’s aim was to support the number of businesses.  She sought, and was provided with, information on the businesses currently occupying the property as tenants. 

 

Councillor T Stowe said he had previously objected to the asking price, but in view of the improved terms negotiated, he would support the proposal. 

 

Councillor I Devonshire asked for clarification on the Committee’s remit regarding allocation of the funding, and the limit of such funding. 

 

The Corporate Property Services Manager said increased funds could be sought from Council. 

 

Councillor M Goldspink expressed concern at the length of time the property had been available, and at the prospect of future circumstances changing which could affect the anticipated income.  She suggested deferring a decision in order to take account of the impact of Brexit. 

 

Councillor G Williamson said awaiting the outcome of Brexit could mean deferral for up to six months, and that uncertainty predicted at the time of the Referendum had not materialised into market impacts. 

 

Councillor C Redfern agreed with Councillor Goldspink, and suggested a deferral of one month.

 

Councillor G McAndrew said there was a need to be realistic, and one month would not make an appreciable difference.  In five years’ time the Council could consider redeveloping the property, and whilst he accepted there was some uncertainty, the return per annum for the first five years was good. 

 

Members raised further points in relation to the market context and the terms of the proposed acquisition.  Councillor Ward-Booth said he understood the concerns expressed, but that legal due diligence would be the next stage and if any problems were detected then, the purchase would not proceed. 

 

The Head of Strategic Finance and Property said negotiations had resolved what had originally been possible complications when Members had considered the property last year.  The Committee had to follow the criteria for acquisitions which it had considered at its last meeting.  The report before Members set out how the property met the criteria, and proceeding with acquisitions according to those criteria provided assurance as to the approach. 

 

Councillor A Alder said the Council would ultimately have a capital asset, and could choose to dispose of it. 

 

In response to a question by Councillor I Davidson, the Corporate Property Services Manager said a visit to the property for Members could be arranged. 

 

Further questions regarding rent review and the credit checks carried out against tenants were asked, and answers given.

 

The motion to support the purchase of the property referred to in the exempt paper “Essential Reference Paper B”, and to support the recommendation in the report having been proposed and seconded, it was put to the meeting and a vote taken.  The motion was declared CARRIED. 

 

RESOLVED – (A) to approve the purchase of the property referred to in the exempt paper “Essential Reference Paper B” at the price detailed; and

 

(B) to approve delegation to the Head of Strategic Finance and Property and Head of Legal and Democratic Services to undertake due diligence and enter into completion of the acquisition.

 

Members considered implications of the acquisition for the balance of the capital sum of £3m available to the Committee.  Officers advised the Committee meet before the budget setting process in order to propose to Council that it approve an allocation of further resources, so that further incoming-generating acquisitions could be made.

 

The Chairman thanked Officers for the successful negotiations carried out in respect of the acquisition which had been agreed at this meeting. 

 

Members received a presentation from the Corporate Property Service Manager on further property options currently on the market, setting out yield comparisons.  The Corporate Property Service Manager said the properties highlighted in the presentation gave an indication of what was available and the factors to be taken into account.  The Head of Housing and Health reminded Members of the principle that in making investment decisions, there was a link between yield and risk.  

 

Members discussed options for further consideration, and commented on which properties should be kept “on the radar”. 

 

The Chairman agreed to a suggestion from Officers that an extraordinary meeting should be held within the next six weeks.

 

Wards affected: (All Wards);

Lead officer: Geoff Hayden


16/10/2019 - Exclusion of the Press and Public ref: 1290    Recommendations Approved

Decision Maker: Financial Sustainability Committee

Made at meeting: 16/10/2019 - Financial Sustainability Committee

Decision published: 31/10/2019

Effective from: 16/10/2019

Decision:

Councillor M Goldspink moved, and Councillor C Redfern seconded, a motion that the press and public be excluded from the meeting for Minute XXX – Consideration of Acquisition, on the grounds that the matter contained exempt information as defined by paragraph 3 of Part I of Schedule 12A to the Local Government Act 1972.  After being put to the meeting, and a vote taken, the motion was declared CARRIED

 

RESOLVED - that under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the discussion of Minute xxx on the grounds that it would be likely to involve the disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the said Act (information relating to the financial or business affairs of any particular person, including the authority holding that information).

 

 


16/10/2019 - Minutes - 22 August 2019 ref: 1289    Recommendations Approved

Decision Maker: Financial Sustainability Committee

Made at meeting: 16/10/2019 - Financial Sustainability Committee

Decision published: 31/10/2019

Effective from: 16/10/2019

Decision:

Councillor A Alder moved, and Councillor T Stowe seconded, a motion that the Minutes of the meeting held on 22 August 2019 be confirmed as a correct record and signed by the Chairman.  After being put to the meeting, and a vote taken, the motion was declared CARRIED. 

 

RESOLVED – that the Minutes of the meeting held on 22 August 2019 be confirmed as a correct record and signed by the Chairman.

 


30/10/2019 - Extension to the Place Scheme for Empty Properties (NKD19/18) ref: 1295    Recommendations Approved

Decision Maker: Executive Member for Neighbourhoods

Decision published: 18/10/2019

Effective from: 08/11/2019

Wards affected: (All Wards);

Lead officer: Claire Bennett, Jonathan Geall