Agenda and minutes

Licensing Sub Committee - Tuesday, 6th April, 2021 10.00 am

Venue: Virtual Meeting on Zoom. View directions

Contact: Democratic Services (Direct Line 01992 564243)  Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

95.

Webcasting Announcement

1. This virtual meeting is to be webcast. Members are reminded of the need to unmute before speaking.

 

2. The Chairman will read the following announcement:

 

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

 

Please could I also remind Members of the Public who have registered to speak that they will be admitted to the meeting at the appropriate time.

 

Please also be aware that if technical difficulties interrupt the meeting that cannot be overcome,
I may need to adjourn the meeting.”

Additional documents:

Minutes:

The Chairman made a short address to remind everyone present that the meeting would be broadcast live to the internet, and would be capable of repeated viewing, which could infringe their human and data protection rights.

96.

Substitute Members

Additional documents:

Minutes:

The Sub-Committee noted that Councillor R Morgan had been appointed as a substitute for Councillor S Neville, who was the scheduled Chairman but had since given his apologies.

97.

Declarations of Interest

To declare interests in any item on this agenda.

Additional documents:

Minutes:

Pursuant to the Council’s Members’ Code of Conduct, Councillor J M Whitehouse declared a non-pecuniary interest in Fruits of the Forest, Duke of Wellington Public House Car Park, 36 High Street, Epping CM16 4AE, by virtue of being a member of Epping Town Council. The Councillor stated that he had not taken part in any discussions or attended the Town Council’s committee that had considered this Street Trading Consent.

98.

Procedures for the Conduct of a Virtual Meeting pdf icon PDF 185 KB

Please find attached the revised procedures for holding and attending a virtual meeting of the Licensing Sub-Committee.

Additional documents:

Minutes:

The Sub-Committee noted the procedure for the conduct of business for this virtual meeting.

99.

Procedure for the Conduct of Business pdf icon PDF 219 KB

To note the adopted procedure for the conduct of business by the Sub-Committee.

 

Additional documents:

Minutes:

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

100.

Application for Street Trading Consent - Chunkyz Ltd, Loughton Club, 8 Station Road, Loughton IG10 4NX pdf icon PDF 278 KB

To consider the attached report for a Street Trading Consent for Chunkyz Ltd under the Local Government (Miscellaneous Provisions) Act 1982: Part III.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors, R Morgan, L Mead and J M Whitehouse. The Chairman introduced the Members and Officers present. The Chairman welcomed the public participants to the Sub-Committee. In attendance for the application was Ms A Prior. Ms A Famiglietti and Ms A Regueiro on behalf of the Station Road Residents Group were present as objectors.

 

(a)          Application before the Committee

 

P Jones, Licensing Compliance Officer, informed the Sub-Committee that an application for a Street Trading Consent had been made by Ms A Prior of Chunkyz Ltd to trade at the Loughton Club, 8 Station Road, Loughton, Essex IG10 4NX.

 

The application was for the relevant licensing activities applied for and times requested, as below:

 

The sale of hot and cold food and drinks:

·                Wednesday to Saturday 12.00 – 21.00; and

·                Sunday 12.00 – 20.00.

 

The application was received by the Licensing Authority on 17 February 2021. There was no requirement in the Local Government Miscellaneous Provisions Act 1982 to carry out any consultation, but the Licensing Officer had notified Essex Police, Essex Fire and Rescue Service, Environmental Health, Community Resilience, Essex County Council Highways, Loughton Town Council and the ward councillors. A public notice was also placed at the site.

 

The Council received two representations objecting to this application. The Council’s Environmental Health made no representation, but Senior Enforcement Officer, M Richardson, requested that additional conditions were added to the operating schedule, as detailed on page 42 of the agenda, to which Ms A Prior had agreed. Loughton Town Council and Loughton Residents Association Plans Group had no objection to this Street Trading Consent application. Essex Highways stated it had no jurisdiction, as the applicant was to be sited in Loughton Club’s car park.

 

The street trading consent could be granted for a period not exceeding 12 months.The Act provided for no appeal against refusals although decisions had been challenged in the Courts by way of judicial review on the grounds that the decision was not properly taken or that there was some procedural irregularity or breach of the rules of natural justice.

 

(b)          Presentation of the Applicant’s Case

 

The applicant, Ms A Prior, explained that the food trailer would be located at Loughton Club, was not a fast food hut but was more like trendy Soho street food. The agreement with Loughton Club was for a takeaway service, so people collected their food and left as no seating was provided. Most of the clientele were older. School children were not the target audience, but she did not think children were allowed out of school because of the Covid situation. The applicant lived in Loughton and had attended Roding Valley School High. ‘Chunkyz Health’ would sell healthier food options, such as smoothies, shakes and salads in future, in contrast to some food other established food eateries were serving in Loughton High Road. The rent being paid by Chunkyz Ltd to the Loughton Club would be helping the Club to stay open  ...  view the full minutes text for item 100.

101.

Application for a Street Trading Consent - Fruits of the Forest, The Duke of Wellington Public House Car Park, 36 High Street, Epping CM16 4AE pdf icon PDF 278 KB

To consider the attached report for a Street Trading Consent for Fruits of the Forest under the Local Government (Miscellaneous Provisions) Act 1982: Part III.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors, R Morgan, S Heather and L Mead. The Chairman introduced the Members and Officers present. The Chairman welcomed the public participants to the Sub-Committee. In attendance was the applicant, Mr K Summerson. Also, in support of the application were District Councillors, L Burrows, C Whitbread and H Whitbread. Objecting to the application from Epping Town Council were Town Councillor M Wright and Town Clerk, B Rumsey.

 

(a)       Application before the Committee

 

P Jones, Licensing Compliance Officer, informed the Sub-Committee that an application for a Street Trading Consent had been made by Mr K Summerson of Fruits of the Forest, to trade at the Duke of Wellington Public House Car Park, 36 High Street, Epping, Essex CM16 4AE. A copy of the application was attached to the agenda report. The application was for the relevant licensing activities applied for and times requested, as below

 

The sale of fruit, vegetables, flowers, (honey, eggs, local organic farm produce)

            Tuesday to Friday    08:00 – 17:00;

            Saturday                   08:00 – 16:00; and

            Sunday                     08:00 – 14:00.

 

The application was received by the Licensing Authority on 17 February 2021. There was no requirement in the Local Government Miscellaneous Provisions Act 1982 to carry out any consultation, but the Licensing Officer had notified Essex Police, Essex Fire and Rescue Service, Environmental Health, Community Resilience, Essex County Council Highways, Epping Town Council and the ward councillors. A public notice was also placed at the site.

 

The Council had received one representation objecting to this application from Epping Town Council. Representations in support of this application had been received from Epping Town Councillor M Whitbread, District Councillors C Whitbread and H Whitbread and a local resident. The applicant had agreed to additional conditions being attached to the consent if granted, as detailed on pages 74 and 75 of the agenda, which was in response to a representation from the Council’s Community Resilience Team, M Richardson, Senior Enforcement Officer. Environmental Health, Essex Highways, Essex Police and Essex County Fire and Rescue Service had no comments or objections to make on this application.

 

(b)       Presentation of the Applicant’s Case

 

The applicant, Mr K Summerson, had been a greengrocer for most of his life and had worked at numerous markets selling high class fruit and vegetables. He had been out of work but saw an opportunity to start a stall in Epping and had set up a good rapport with his client base. He wanted to stay at the Duke of Wellington Public House as this provided a job for him. He stated that he had also paid the required licence fee.

 

Councillor H Whitbread supported the application and shopped there like many other residents. She had started a petition to support the stall which 1,200 people had signed. The Councillor had asked Epping Town Council to withdraw its objection because Fruits of the Forest would not be open on Mondays when Epping Market was trading. This was therefore healthy competition  ...  view the full minutes text for item 101.