Agenda and minutes

Licensing Sub Committee - Tuesday, 1st March, 2022 10.00 am

Venue: Virtual Meeting on Zoom. View directions

Contact: V Messenger, Deomocratic Services (Direct Line 01992 564243)  Email:  democraticservices@eppingforestdc.gov.uk

Media

Items
No. Item

50.

Webcasting Introduction

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 virtual meeting would be broadcast to the internet and would be capable of repeated viewing, which could infringe their human and data protection rights.

51.

Declarations of Interest

To declare interests in any item on this agenda.

Additional documents:

Minutes:

There were no declarations of interest made pursuant to the Council’s Members’ Code of Conduct.

52.

Procedures for the Conduct of a Virtual Meeting pdf icon PDF 184 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.

53.

Procedure for the Conduct of Business pdf icon PDF 221 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.

54.

Licensing Act 2003 - Application for a Premises Licence for Kebabery, 112 High Street, Epping, Essex CM16 4AF pdf icon PDF 240 KB

To consider the attached application for a new Premises Licence in respect of Kebabery, 112 High Street, Epping.

Additional documents:

Minutes:

The three councillors that presided over this application were Councillors M Sartin (Chairman), S Heather and L Mead. Unfortunately, Councillor L Mead lost connectivity and left the meeting where indicated in the minutes below. Therefore, Councillor K Williamson, who had been present virtually since the beginning of the consideration of this item, took her place on this Panel.

 

The Chairman welcomed Mr E Gulem, the applicant, to the meeting. There were no objectors present. The Chairman introduced the Members and officers and outlined the procedure that would be followed for the determination of the application.

 

(a)          Application before the Sub-Committee

 

The application was for a new premises licence at Kebabery, 112 High Street, Epping CM16 4AF. The company that had held the previous licence had dissolved and therefore, the licence had lapsed. The Licensing Manager, D King, introduced the application, which was for the following licensing activities:

 

Sale by Retail of Alcohol

Monday to Sunday 12.00pm – 01.00am off the premises only

 

Late Night Refreshment

Monday to Sunday 23.00pm – 01.00am on and off the premises

 

Opening times of the premises

Monday to Sunday 12.00pm – 01.00am

 

The application had been received on 5 January 2022. The Operating Schedule set out conditions which would be attached to the licence if this application was granted. The Responsible Authorities had all received a copy of the application, it was also advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

 

The authority had received three representations of objection, one from Epping Town Council, one from a local business and one from a local resident. A response from Essex Police with recommendations had been agreed by the applicant and these conditions were attached to the agenda report. The objections related to the prevention of crime and disorder and the prevention of public nuisance.

 

(b)          Presentation of the Applicant’s case

 

Mr Gulem briefly explained that as the previous licence had been under a different business name, it had been revoked. This application had been submitted with the correct business details with the addition of off sales of alcohol. People coming into the premises would only be allowed to purchase alcohol along with food.

 

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

 

·       How long had the previous licence been held? The applicant replied about six years and there had not been any issues with the late hours.

·       When had the previous licence been revoked? The applicant replied about four months ago.

·       Were the hours the same as under the previous licence? The applicant replied, no, but he was applying to 01.00 on all days for flexibility.

·       A seasonal variation was being applied for between 23 December to 2 January but was this for two more hours? The applicant replied, yes, and he was applying for two extra hours, but the premises closed on Christmas Day and Boxing Day. It was just an option.

·       Were there any tables and chairs for  ...  view the full minutes text for item 54.

55.

Licensing Act 2003 - Application for a Premises Licence for 114 High Street, Epping, Essex CM16 4AF pdf icon PDF 239 KB

To consider the attached application for a new Premises Licence in respect of 114 High Street, Epping.

Additional documents:

Minutes:

The three councillors that presided over this application were Councillors M Sartin (Chairman), S Heather and K Williamson.

 

The Chairman welcomed Mr E Gulem, the applicant, to the meeting. There were no objectors present. The Chairman introduced the Members and officers present and outlined the procedure that would be followed for the determination of the application.

 

(a)          Application before the Sub-Committee

 

The application was for a new premises licence at 114 High Street, Epping CM16 4AF. The Licensing Manager, D King, introduced the application, which was for the following licensing activities:

 

Sale by Retail of Alcohol

Monday to Sunday 07.00am – 00.00 midnight off the premises only

 

Opening Times of the premises

Monday to Sunday 07.00am – 00.00 midnight

 

The application had been received on 10 January 2022. The Operating Schedule set out conditions which would be attached to the licence if this application was granted. The Responsible Authorities had all received a copy of the application, it was also advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

 

The authority had received two representations of objection, one from Epping Town Council and one from a local resident. A response from Essex Police with recommendations had been agreed by the applicant and these conditions were attached to the agenda report. The objections related to the prevention of crime and disorder and the prevention of public nuisance.

 

(b)          Presentation of the Applicant’s case

 

Mr Gulem briefly outlined that the application was for off sales only and no alcohol would be consumed on the premises of the mini-market. The applicant hoped to introduce and trial the selling of fresh fruit and vegetables along with household items. He also wanted to be able to sell the UK national lottery and would be applying to be a [Transport for London] Oyster [card] outlet.

 

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

 

·       The plan of the premises showed three stands for alcohol and less for convenience groceries, but an equal balance might be more appropriate? The applicant replied that as he was still negotiating the lease, this was a provisional plan because he was currently designing the interior layout.

 

·       Would spirits be kept behind the till counter? The applicant replied, yes, and that refrigerated beers and wines would be on the open shelves more.

 

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

 

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application.

 

During their deliberations no issues of law or policy arose and so the Sub-Committee was not required to call on its advisory officers for advice. The Sub-Committee noted all of the submissions and representations, both oral and written, that had been made in relation to this application and had considered what was appropriate to promote the four licensing objectives and the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.

 

RESOLVED:

 

That the application for a premises licence in respect  ...  view the full minutes text for item 55.

56.

Licensing Act 2003 - Application for a Premises Licence for The Stag PH, Brentwood Road, Ongar Essex CM5 9DH pdf icon PDF 243 KB

To consider the attached application for a new Premises Licence in respect of The Stag PH, Brentwood Road, Ongar.

Additional documents:

Minutes:

The three councillors that presided over this application were Councillors M Sartin (Chairman), S Heather and K Williamson.

 

The Chairman welcomed Mr H Lamprell, applicant, Mr D Barker, agent, Mr M Tingey, Manager, Ms T O’Reilly and (Councillor) Mr P Keska to the meeting. Mr D Allen, Ms C Duyt, Mr and Mrs K Garner and Mr S Randall were attending as objectors to this application. The Chairman introduced the Members and officers present and outlined the procedure that would be followed for the determination of the application.

 

(a)          Application before the Sub-Committee

 

The application was for a new premises licence at The Stag PH, Brentwood Road, Ongar, Essex, CM5 9DH. The premises, trading as The Stag PH, had been sold to Faberdean EC Ltd in October 2020, with a consent agreement to transfer, but no transfer application was received from the new owners by the Licensing Authority. McMullens surrendered the premises licence in November 2021 with immediate effect, as detailed in the report. The Council was not aware the premises had continued to trade without the authorisation of a premises licence until an incident in January 2022, which had involved Essex Police. Following a visit of the premises, the Council issued a warning letter that advised the premises to cease trading all licensable activities until a premises licence has been applied for and granted. The Licensing Manager, D King, introduced the application, which was for the following licensing activities:

 

Provision of Films

Monday to Sunday 10.00 – 23.00 on and off premises

 

Provision of Indoor Sporting Events

Monday to Sunday 10.00 – 23.00

 

Provision of Live Music

Monday to Sunday 10.00 – 23.00 on and off the premises

 

Provision of Recorded Music

Monday to Sunday 10.00 – 23.00 on and off the premises

 

Provision of anything of a similar description above

Monday to Sunday 10.00 – 23.00 on the premises

 

Late Night Refreshment

Monday to Sunday 10.00 – 23.00 on and off the premises

 

Sale by Retail of Alcohol

Sunday to Thursday 10.00 – 00.00am, Friday to Saturday 10.00 – 01.00 on sales only

 

Seasonal Timings Christmas Eve -Christmas Day 10.00 – 01.00

News Year’s Eve – News Years Day 10.00 – 01.00

 

Opening Times of the premises

Sunday to Thursday 10.00 – 00.30, Friday to Saturday 10.00 – 01.30

 

Seasonal Timings

Christmas Eve – Christmas Day 11.00 – 01.00

News Year’s Eve 11.00 – 01.00

 

The application had been received on 18 January 2022. The Operating Schedule set out conditions which would be attached to the licence if this application was granted. The Responsible Authorities had all received a copy of the application, it was also advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

 

The authority had received 12 representations of objection from local residents and 18 representations of support from local residents including a petition. A response from Essex Police with recommendations had been agreed by the applicant and these  ...  view the full minutes text for item 56.