Agenda item

To consider the attached report.

The three Councillors that presided over this item were Councillors S Neville (Chairman), S Heather and D Stocker.

The Chairman introduced the members and officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the Applicants Paula Chappell and Paul Relph, the Objector Bill Hayward and EFDC officers Mike Richards from Environmental Health and Kevin Milligan from Estates.

a)            The Application before the Sub-Committee

The Licensing Compliance Officer, D Houghton introduced the application. The application had been made by Dawn Chappell for a new premises licence at 32 Barrington Green, Loughton, IG10 2BA.  The application was for the following;

Provision of Recorded Music

Sunday to Thursday 10:00-23:00, Friday and Saturday 10:00-00:00 with additional hours to 00:30 Christmas Eve, and till 01:00 New Years Eve into New Years Day.

Provision of Anything of a similar description to Live Music, Recorded Music or Performances of Dance

Sunday to Thursday 10:00-23:00, Friday to Saturday 10:00-00:00 with additional hours to 00:30 Christmas Eve, and till 01:00 New Years Eve into New Years Day.

Supply of Alcohol

Sunday to Thursday 10:00-23:00, Friday to Saturday 10:00-00:00 with additional hours to 00:30 Christmas Eve, and till 01:00 New Years Eve into New Years Day.

Hours Premises would be Open to the Public

Monday to Thursday 08:00-23:30, Friday 08:00-00:30, Saturday 09:00-00:30 and Sunday 09:00-23:30.

All responsible authorities had been notified and it had been advertised at the premises and in a local newspaper. The Licensing Authority had received three representations from a local resident relating to the prevention of public nuisance and crime and disorder, Loughton Town Council and the Council’s Environmental & Street Scene Directorate Health Department. Responses had also been received from Essex Police who had agreed additional conditions be added to the operating schedule.

The Legal Officer asked the Licensing Officer to confirm that the Applicant’s were aware that only two gambling machines under the category C and D would be allowed in the premises. The Applicant’s advised that they were aware.

b)            Presentation of the Applicant’s Case

The Applicant advised that they had worked closely with the Council to provide an establishment that provided breakfast, lunch and evening meals in the local area that would not impact on the local residents but provide an access to the community. Their intentions were not to upset the local residents and they had been mindful to prevent noise coming from the premises through planning and building regulations including double glazing, no opening windows, air conditioning and additional ceiling insulation.

The Applicant advised that they had agreed to the additional conditions requested by the Essex Police.

c)            Questions for the Applicant from the Sub-Committee

The Sub-Committee asked about the double doors on the front of the premises. The Applicant advised that they had been installed to prevent noise escaping.

The Legal Officer asked the Applicant whether they were willing to accept the additional conditions set out in the agenda on pages 77, 78, 79 and 80 from the Environment and Neighbourhoods Officer, M Richardson. The Applicants advised that they were happy to accept the further conditions proposed.

d)            Questions for Applicant from the Objectors

The Objector, B Hayward wanted clarification on the type of music and noise that would be coming from the premises. The Applicant advised that the music would be for background purposes and he intended the music to be soul, blues, jazz or something similar. The speakers would be controlled and consideration and advice had been obtained for the placement of the speakers to reduce the noise for residents. The only time the Applicant may consider a DJ, would possible be New Years Eve.

The Applicant advised that with the addition conditions to remove the outside seating at 21.00 every evening, CCTV and that someone from the Management on duty at the end of the day, they would ensure that everyone leaves quickly and quietly.

e)            Presentation from the Objector’s

The Environment and Neighbourhoods Officer, M Richardson advised that with the additional conditions set out in the agenda at pages 77 – 80 agreed, he was happy with the application. He stated that due to noise issues being a concern he would be happy that the hours of deliveries and refuse collections be amended to 08.00 -19.00.

The Objector, B Hayward advised that all of his concerns had been addressed, although he would like access to the back of the premise restricted, to prevent any disturbance.

There were no questions from the applicant.

f)             Closing Statement from the Applicant

The Applicant advised that they were local residents that wished to run an establishment for the local community. They were willing to work with residents on any concerns raised and they had a long history running establishments, which therefore provided them with the relevant experience required.

g)            Consideration of the Application by the Sub-Committee

The Sub-Committee withdrew from the Council Chamber, whilst considering 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 in respect of The Hub, 32 Barrington Green, Loughton, Essex IG10 2BA be granted subject to the following conditions, which the Council considered were reasonable, proportionate and in the public interest for the promotion of the licensing objectives;

(a)  The mandatory conditions contained in Section 19-21 of the Licensing Act 2003;

(b)  The modified Operating Schedule which included the agreed conditions from the Epping and Brentwood Licensing Officer, Peter Jones and the Environment and Neighbourhoods Officer, M Richardson, set out within the agenda on pages 74 to 80; and

(c)  A minor amendment to the Hours of Delivery, which should state 08.00 to 19.00, Monday – Friday ; 09.00 to 14.00 Saturday nor at any time on Sundays, Bank or Public Holidays.