Agenda and minutes

Licensing Sub-Committee
Wednesday, 12th December, 2018 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: R Perrin (Direct Line 01992 564532)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

25.

Declarations of Interest

(Director of Governance) To declare interests in any item on this agenda.

Minutes:

Pursuant to the Council’s Member Code of Conduct, Councillors R Morgan, L Hughes, J Jennings and J M Whitehouse declared an interest in agenda item 4, Application to vary an existing premises licence for the merry Fiddlers, 4 Fiddlers hamlet, Epping, Essex, CM16 7 PY by virtue of knowing the Epping Forest District Council, Councillor N Avey who was representing the objectors. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the issue.

26.

Procedure for the Conduct of Business pdf icon PDF 73 KB

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business.

27.

Application to vary an existing premises Licence for The Merry Fiddlers, 4 Fiddlers Hamlet, Epping, Essex, CM16 7PY pdf icon PDF 119 KB

To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors R Morgan (Chairman), L Hughes and J Jennings.

 

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 Thomas James, the applicant and Designated Premises Supervisor (DPS), Karen Cochrane, the applicant’s Licensing Solicitor and Councillor N Avey, one of the Ward Councillors objecting on behalf of the residents.

 

a)            Application before the Sub-Committee

 

The Licensing Compliance Officer, D Houghton introduced the application. The application had been made by Punch Partnerships Ltd (PTL), the Premises Licence Holder for a variation to the premises licence at The Merry Fiddlers, 4 Fiddlers Hamlet, Epping, Essex, CM16 7PY. The applicant was requesting to extend the morning opening times for non licensable activities to provide breakfast services and to amend the licensing plan for licensable activities set out in the agenda on page 34.

 

The changes requested were for opening hours as follows;

 

Monday to Saturday 06.00 – 00.30; and

Sunday 06.00 – 23.00.

 

All responsible authorities had been notified and it had been advertised at the premises and in a local newspaper. The Licensing Authority had received a representation from the Ward Councillor, which related to the Prevention of Public Nuisance.

 

b)            Presentation of the Applicant’s Case

 

The Solicitor advised that the applicant had lived at the premises for ten years and had been the current DPS for 2 years. The application was requesting to extend the opening hours in the morning, to potentially capture commuters and passing trade for breakfast service. Similarly, the variation to the outside area for licensable activities was for the potential increase use of the premises for weddings and events. The premises had held various temporary events in the outside area, throughout this year and the applicant wished to increase and continue this purpose. The Applicant had addressed the additional conditions that the Essex Police had suggested on pages 51 – 53 of the agenda which included CCTV and an Age Verification Policy.

 

The Solicitor advised that PPL ran around 3000 other premises and had not received any complaints or problems with this type of application. There had also been no representations from the Statutory Authorities. Furthermore several conditions had been offered by the applicant to address the objectors concerns as set out in an email dated 4 December 2018 between Councillor N Avey and the Council.

 

c)            Questions for the Applicant from the Sub-Committee

 

The Sub-Committee asked whether the car parking facilities were large enough to cope with these types of events, due to the rural location and lack of suitable parking available on the surrounding roads. The applicant advised that an overflow car park could be provided and they had not yet experienced any issues. The premises had just under an acre of land that could be used for this purpose.

 

The Sub-Committee raised concerns regarding the noise issues that could arise from the increased usage. The applicant advised that they had  ...  view the full minutes text for item 27.

28.

New Premises Licence application for Shell Half Moon, 24 - 36 High Street, Epping, Essex, CM16 4AE pdf icon PDF 121 KB

To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors R Morgan (Chairman), L Hughes and J M Whitehouse.

 

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 L W Charalambides, Barrister for Shell UK Oil Products Ltd, M Brown, the Agent from P.P.Lockett & Co and an objector P Scammell.

 

a)            Application before the Sub-Committee

 

The Licensing Compliance Officer, D Houghton introduced the application. The application had been made by Shell UK Oil Products Ltd, for a new premises licence at 24 – 36 High Street, Epping, Essex, CM16 4AE. The application was for the following;

 

The Supply of Alcohol

 

Monday – Sunday 07.00 -23.00

 

All responsible authorities had been notified and it had been advertised at the premises and in a local newspaper. The Licensing Authority had received a representation from the Essex Police relating to the premises being an “excluded premises” under Section 176 of the Licensing Act 2003 and asked that a “footfall” analysis for the sales of petrol ratio to other commodities be submitted. There were also three resident objections, which related to the Prevention of Crime and Disorder, Prevention of Public Nuisance and Public Safety; and the Protection of Children from Harm.

 

The Chairman asked whether Essex Police would be present. The Licensing Compliance Officer advised that the applicant had supplied the information requested regarding the footfall analysis, therefore satisfying their requirements. Furthermore their objections had been removed and they would not be attending.

 

b)            Presentation of the Applicant’s Case

 

The barrister for Shell Oil UK Ltd advised that they had spoken to the objector before the meeting, to establish her main concerns. It appeared that the problems were about an area of land and thicket that she believed to be in the ownership of the petrol station, which gathered rubbish and attracted vermin. The barrister advised that the agent and objector would be visiting the site after the meeting to look at the issues and if the thicket was in the ownership of the premises, various solutions would be considered. The barrister advised that the applicant would be happy to include a condition in the licence to keep the site clear of litter and ensure that two litter picks per day were continued. He also advised that the applicant would undertake investigation into the ownership of the thicket and create an action plan within a six month period, if it was under their control.

 

The barrister advised that there was no evidence, nor could any weight be placed on the objectors representations as none of the responsible authorities had raised any concerns. The Licensing Act enabled residents or the Council to request a review of the license, if any issues were to be raised.

 

c)            Questions for the Applicant from the Sub-Committee

 

The Sub-Committee asked who would be the Designated Premises Supervisor (DPS). The barrister advised that the site manager would become the DPS. Further questions were asked  ...  view the full minutes text for item 28.