Agenda item

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillor B Surtees (Chairman), C P Pond and K Chana.

 

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. In attendance on behalf of the application was Mrs I Alldis, the applicant, Mr W Alldis the premises supervisor and his partner. Also in attendance objecting to the application were Mr A Peck and Mr A Whitehead.

 

(a)        The Application before the Sub-Committee

 

The Licensing Compliance Officer, N Clark introduced the application to the Sub-Committee. The application for a New Premises Licence had been made By Mrs I Alldis for a New Premises Licence at The Cart Shed Restaurant and Farm Shop, Weald Place, 9 Duck Lane, Thornwood, Epping, Essex CM16 6NE, as set out below:

 

In the restaurant:

 

(i)            The sale of alcohol Tuesday to Saturday 18:00 to 24:00, Sunday 12:30 to 24:00 for both on and off sales.

(ii)           Late night refreshment: Tuesday to Sunday 23:00 to 24:00.

(iii)          Live music: Tuesday to Saturday 19:00 to 23:00, Sunday 12:00 to 23:00.

 

The Farm Shop:

 

(i)            The sale of alcohol Tuesday to Sunday 10:00 to 17:00

(ii)           The application was received on 3 May 2017

 

All responsible authorities had been notified and the Licensing Authority had received six representations from local residents. Essex Police and Essex County Fire & Rescue Service made no representations.

 

(b)       Presentation of the Applicant’s Case

 

The premises supervisor Mr Alldis advised the Sub-Committee that the Farm was a family business and his family had owned the farm since 1920.

 

Restaurant

 

Mr Alldis stated that the restaurant had been open for approximately 18 months and customers were able to bring their own alcohol to which the restaurant had no control over how much they drank. As this was proving to be a popular and successful business the family had decided that it would be more prudent to regularise the alcohol intake if they were to obtain a license to sell alcohol. The music played in the restaurant was mostly background music from a radio but occasionally they would like to have live jazz music. Mr Alldis stated that they would never entertain putting on a festival or concert.

 

Mr Alldis advised that they would however like to consider hosting weddings in a marquee in the grounds up to 12 times a year. These wedding events may include a band but all amplified music would stop at 23.00 hours.

 

Farm Shop

 

Mr Alldis advised that the farm produced home made sloe gin and liquors which they would like to sell in the shop.

 

(c)        Questions for the Applicant from the Sub-Committee

 

Councillor Surtees asked if they had live or recorded music at the restaurant and was it relayed outside. Mr Alldis advised that it was recorded background music from a radio and it was not relayed outside of the building.

 

Councillor Pond asked how many people would the restaurant seat. She was advised that it would seat approximately 22-24 customers to maintain a family atmosphere and we only have a small kitchen.

 

Councillor Surtees asked how many staff would be on duty in the restaurant. He was advised that there would be 1-2 waiting staff, himself, his partner Victoria and his mother Mrs Alldis, the applicant.

 

(d)       Questions for the Applicant from the Objector

 

Mr Whitehead advised the Sub-Committee that he resided 60-70 yards away from the farm garden and his major concern was planned outside events to be held in a marquee in the curtilage of the Farm and the level of noise this would bring from the music and people talking outside and getting in and out of cars into the early hours.

 

Mr Alldis replied that they had no plans, at this time, to host outdoor events, but this could be something they would want to do in the future and they would be held in the driveway and not the garden.

 

Mr Peck asked the applicant if they were aware that the majority of people living in the area were elderly.

 

Mr Alldis replied that he was aware of the age of the residential area and that most of the properties were double glazed.

 

Mr Peck advised that the neighbouring properties may be double glazed but double glazed windows have vents and they do not sound proof a property.

 

Mr Peck asked the applicant to explain why he was applying for an alcohol licence and why did he open a restaurant in a quiet residential area.

 

Mr Alldis replied that he was a passionate chef, the Farm was a small family business and he wanted to make good use of the farm foods that they produced. He also stated that they had the building and the land therefore all of our customers can park on our property.

 

(e)        Presentation of the Objector’s Case

 

Mr Peck advised that his main concern was events held outside the restaurant as the music from a marquee could not be sound proofed. He informed the Sub-Committee that his bedroom backed onto the restaurant. If you grant this application for a wedding venue then it would hold up to 80 people, it would be in a built up residential area which was not suitable for this sort of event.

 

Mr Whitehead advised the Sub-Committee that he lived even closer to the farm than Mr Peck, it was a peaceful residential area. He had no issues with the restaurant serving alcohol but his main concern was the live music at wedding events and parties, the music from a marquee would be unbearable and would cause a public nuisance.

 

(f)        Questions for the Objectors from the Sub-Committee

 

Councillor Pond asked the objectors if they heard noise when people dined outside since the restaurant had opened. Mr Whitehead replied that he didn’t but he was worried about outside music in the future. Mr Peck agreed with what Mr Whitehead had to say as his concerns was also about the outside music.

 

(g)       Questions for the Objectors from the Applicant

 

The Applicant had no questions for the Objectors.

 

(h)       Closing Statement from the Objector

 

The objectors were both in agreement that they had no concerns with the alcohol licensing for the Farm Shop and Restaurant their main concerns were the application for a licence for live music events such as weddings and parties and the noise that would emanate from such events.

 

(i)         Closing Statement from the Applicant

 

Mr Alldis said that he had listened to the objectors and understood the residents concerns with live music being played outside. He advised the Sub-Committee that his primary interests were the Restaurant and Farm Shop and that he would be happy with the live music events being removed from the application. He would however like to play recorded background music in the restaurant.

 

(j)         Consideration of the Application by the Sub-Committee

 

The Sub-Committee withdrew from the chamber while they considered the application in private. During their deliberations the Sub-Committee received no further advice from the officers present.

 

RESOLVED:

 

(1)        That the application for a New Premises Licence for The Cart Shed Restaurant and Farm Shop, Weald Place, 9 Duck Lane, Thornwood, Epping CM16 6NE, be granted subject to the following conditions which the Sub-Committee considered were proportionate, appropriate and necessary for the promotion of the Licensing objectives:

 

(i)            The application of licensing for special events was refused;

(ii)           The licence for live music was granted only in respect of the restaurant building;

(iii)          The application for the alcohol licence in the Farm Shop shall be granted only for an off-licence; and

(iv)         The licensing hours shall be those as set out in the report to the agenda.

 

These modifications were made because the Sub-Committee considered that these were necessary and proportionate for the prevention of public nuisance.

 

(2)        The mandatory conditions contained in Sections 19-21 of the Licensing Act 2003.

 

(3)        The conditions which have previously been agreed with the Police which are attached to the Sub-Committee agenda.

 

(4)        The applicants and objectors were reminded of their right of appeal to the magistrates Court within 21 days of date of the written notification of this decision.