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 B Rolfe.

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 were: Mr I Tas, the owner of Vivaldi Restaurant/Café, a business colleague, and Ms Etee representing the owner. In attendance and objecting to the application was Mr A Kite.

(a)        The Application before the Sub-Committee

The Licensing Compliance Officer, H Ibrahim introduced the application to the Sub-Committee. The application for a New Premises Licence had been made by Mr I Tas for Vivaldi, 236 High Street, Loughton, IG10 1RB, for the supply of alcohol from 9am to 11pm Monday to Thursday, 9am to 12am Friday and Saturday and 9am to 11pm Sunday. The authority had received the application on the 10^th May 2017.

All responsible authorities had been notified and the Licensing Authority had received four representations one from the Town Council, one from Councillor J Jennings and two from local residents. Essex Police, Essex County Fire & Rescue Service and EFDC Environment and Neighbourhoods made no representations.

(b)       Presentation of the Applicant’s Case

The applicant’s representative Ms Etee advised the Sub-Committee that following the representations submitted to the Sub-Committee the owner Mr Irfan had agreed for the licensing hours of business to be reduced to Monday to Sunday 9am to 11pm and that the premises would close at 11.30pm.

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

Councillor Pond asked the applicant to clarify at what time would the sale of alcohol finish each day. She was advised that the applicant had agreed to stop the sale of alcohol at 11pm and close at 11.30pm from Monday to Sunday.

Councillor Surtees asked how many people would the restaurant seat. He was advise that it would seat approximately 50- 60 customers seated inside and on the terrace outside.

Councillor Surtees asked how many staff would be on duty each day. He was advised that there would be 7-8 staff on duty each day.

(d)       Questions for the Applicant from the Objector

Mr Kite asked the applicant if there would be live music playing on the premises. Ms Etee consulted with the applicant and answered that there would be no live music.

(e)        Presentation of the Objector’s Case

Mr Kite advised the Committee that he was speaking on behalf of a number of local residents and their main concerns were late drinking and live music which would be disturbing and cause a public nuisance. He was satisfied with the applicants response that there would be no live music and that the applicant had agreed to alter the licensing and opening times of the restaurant/café.

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

The Sub-Committee had no questions for the Objector.

(g)       Questions for the Objector from the Applicant

The Applicant had no questions for the Objector.

(h)       Closing Statement from the Objector

The Objector had no more to add to his statement.

(i)         Closing Statement from the Applicant

The applicant stated that he was happy to reduce the opening hours of the restaurant/café and to confirm that there would be no live music. He emphasized that he was not looking to have a pub/club type of venue.

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

The Chairman requested that the public and officers to withdraw from the Chamber while the Sub-Committee considered the application in private. During their deliberations the Sub-Committee received no further advice from the Officers present.

RESOLVED:

The Sub-Committee considered that the application satisfied the necessary requirements in order to be considered as on the prescribed form, it has been advertised and relevant notifications given. The application only related to the restaurant building shown on the plan and the decision of the Sub-Committee related only to the restaurant building. The Sub-Committee had taken into account the relevant representations, the four licensing objectives and the Council’s Licensing Policy.

(1)        That the application for a new premises licence for Vivaldi, 236 High Road, Loughton, IG10 1RB be granted subject to the follow conditions which the Sub-Committee considered were proportionate, appropriate and necessary for the promotion of the Licensing objectives:

(i)            The licensable activities requested on the application shall only take place between the hours of 09.00 to 23.00 hours. The hours that the premises are open to the public are 09.00 to 23.30 hours.

(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.