Agenda and minutes

Venue: Council Chamber - Council Offices, Thorpe Road, Weeley, CO16 9AJ. View directions

Contact: Ian Ford  01255 686584

Items
No. Item

1.

Apologies for Absence and Substitutions

The Committee is asked to note any apologies for absence and substitutions received from Members.

 

Minutes:

Apologies for absence were received from Councillor Whitmore (with no substitute).

2.

Minutes of the Final Meeting of the Licensing (General Purposes) Sub-Committee pdf icon PDF 62 KB

To confirm and sign as a correct record, the minutes of the final meeting of the Licensing (General Purposes) Sub-Committee, held on 23 February 2018.

Minutes:

The minutes of the final meeting of the Licensing (General Purposes) Sub-Committee, held on 23 February 2018, were approved as a correct record and signed by the Chairman.

3.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were no declarations of interest.

4.

Report of the Corporate Director (Operational Services) - A.1 - Hackney Carriage/Private Hire Licenses pdf icon PDF 8 KB

To inform the Sub-Committee of the number of drivers, vehicles and operators licensed with this Authority as at 23 May 2018.

Minutes:

The Sub-Committee noted the contents of a report (A.1) on the number of Hackney Carriage and Private Hire drivers, vehicles and operators, licensed by the Council as at 23 May 2018, which was submitted for information only.

5.

Report of Corporate Director (Operational Services) - A.2 - Application for the Grant of Permission to show Unclassified Films pdf icon PDF 138 KB

To enable the Sub-Committee to consider an application for the grant of permission to show unclassified films at the Harwich Film Festival.

Additional documents:

Minutes:

The Sub-Committee had before it a report (A.2), which advised it of an application for the grant of permission to show unclassified films at the Harwich Electric Theatre as part of the Harwich Festival 2018.

 

The Licensing Manager informed Members that the applicant, Mr Offord, who was the General Manager of the Harwich Festival, which would run from 21 June until 1 July 2018, had requested permission on behalf of the Harwich Festival to show a number of short independently made films at the Harwich Electric Palace Theatre as part of the festival entertainments programme but which had not been classified by the British Board of Film Classification (BBFC). The project to show the films ran under the title of ‘Harwich Shorts’.

 

It was reported that the Harwich Festival was a combined Arts Festival which embraced, music, film, dance, literature, poetry and visual and performing arts. The “Harwich Shorts” project was to be an open screening of independent films made and produced from within the local community.

 

The Licensing Manager reminded Members that ordinarily films for cinema or other general or limited release/showing were classified by the BBFC. The BBFC would classify a film into a suitable age category for viewing which would depend on the content of the film.

 

Members were informed that Local Authorities did have the discretion to amend a classification made by the BBFC or grant a classification to an unclassified film if requested to do so. It was rare that this happened and the vast majority of films were classified by the BBFC. Occasionally there were times when films to be shown at an arts festival for example, or for a very limited release/showing would apply to the relevant Local Authority to classify the film, rather than the BBFC. Local Authorities could classify a film by virtue of Section 20 of the Licensing Act 2003, or in accordance with Home Office Circular 98/1982.

 

It was reported that the films Mr Offord wanted to show were a selection of short films from various independent filmmakers and artists.  A list of the short films had been submitted by Mr Offord and was attached as Appendix B to the report.

 

It was further reported that Mr Offord had not requested the films to be classified by the British Board of Film Classification (BBFC) as the cost would have made the project impossible. To classify films the for theatrical showing with the BBFC would have cost, it was estimated, more than £1,000.

 

Members were informed that as the compilation of films which Mr Offord wished to screen did not have the benefit of a certificate, the consent of the Council was required before the films could be shown as stated in the Cinemas Act 1985 (Section 1(2).

 

Members were further informed that should they be minded to grant consent for the films, then they should suggest a suitable classification. To assist Members, the BBFC Guidelines were attached as Appendix C to the report.

 

It had been recommended that the  ...  view the full minutes text for item 5.

6.

Report of Corporate Director (Operational Services) - A.3 - Application for the Renewal of a Sex Establishment Licence - The Adult Centre, 28 Orwell Road, Clacton-on-Sea pdf icon PDF 69 KB

To enable the Sub-Committee to consider an application for the renewal of a Sex Establishment Licence held in respect of the above premises.

Additional documents:

Minutes:

The Sub-Committee considered an application (A.3) from Miss Amanda Allen for the renewal of the Sex Establishment Licence held in respect of the above premises.

 

Miss Allen was not present for this item.

 

The Council’s Licensing Manager informed Members that the Applicant proposed that trading would take place between 10.00am and 8.00pm on Mondays to Saturdays and 10.00am – 4.00 pm on Sundays and she also advised that the premises complied with the current conditions imposed, as set out in Appendix ‘A’ to item A.3 of the Report of the Corporate Director (Operational Services).

 

Members were informed that there had been no objections received from Essex Police and the local Ward Councillors. Residents in the neighbourhood considered likely to be affected by the application had been consulted and no objections had been received by the date of the meeting.

 

The Licensing Manager confirmed that notice of the application had been displayed on the premises in the prescribed manner and a public notice to that effect had been published in the local newspaper, as required by statute.

 

The Sub-Committee had before it, as set out in Appendix ‘B’ to the report, those grounds which were material to the determination of such an application, as set out in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.

 

It was moved by Councillor Cossens, seconded by Councillor Watson and:-

 

RESOLVED - that the application for the renewal of a Sex Establishment Licence be granted, for one year, subject to the conditions as set out in Appendix ‘A’ to item A.3 of the Report of the Corporate Director (Operational Services).

7.

Exclusion of Press and Public

The Council is asked to consider the following resolution:

 

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 8 on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraph(s) of Part 1 of Schedule 12A, as amended, of the Act.”

Minutes:

It was moved by Councillor Guglielmi, seconded by Councillor Cossens and:

 

RESOLVED that the public be excluded from the meeting for the item of business to be considered below on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A, as amended, of the Act:-

 

Exempt Minutes of the Final Meeting of the Licensing (General Purposes) Sub-Committee held on 23 February 2018.

8.

Exempt Minutes of the Final Meeting of the Licensing (General Purposes) Sub-Committee

To confirm and sign as a correct record, the exempt minutes of the final meeting of the Licensing (General Purposes) Sub-Committee held on 23 February 2018.

Minutes:

The Exempt Minutes of the final meeting of the Licensing (General Purposes) Sub-Committee, held on 23 February 2018, were approved as a correct record and signed by the Chairman.