Agenda and minutes

Under the terms of reference for the Licensing Committee each Sub-Committee is required to elect a Chairman on an ad hoc basis for the duration of the meeting.

RESOLVED:

That, in accordance with the terms of reference for the Licensing Committee, Councillor Mrs M Sartin be elected Chairman for the duration of the Sub-Committee meeting.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

(a)            Pursuant to the Council's Code of Member Conduct, Councillor Mrs R Gadsby declared a personal interest in agenda Items 9 (Application to vary a Premises Licence at the Spotted Cow, Fountain Place, Waltham Abbey), and 11 (Application to vary a Premises Licence at the New Inn, Sun Street, Waltham Abbey) by virtue of being a local ward member.  She declared that her interests were prejudicial and indicated that she would leave the meeting for the consideration and voting thereon.

The Sub-Committee noted the agreed procedure for the conduct of business, and the terms of reference.

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated:

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972:

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)       All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)       At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)       Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)       have been relied on to a material extent in preparing the report does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

The Sub-Committee noted that there were no items of business on the agenda which necessitated the exclusion of the public and press from the meeting.

            Recommendation:

To consider an application to vary a premises licence at the Queens Head in Paternoster Hill, Waltham Abbey.

(Head of Environmental Services) An application to vary a premises licence for the above premises has been received, along with a representation from an interested party (Appendix 1).

The three councillors that presided over this item were councillors Mrs R Gadsby,P McMillan and Mrs M Sartin. Councillor F Maclaine acted as an observer. Also present were Mr Stephen Gill from McMullen & Sons Limited and Mr Norman Lawrie, manager of the public house. No objectors were present at the meeting.

The Sub-Committee considered an application to convert and vary a premises licence for the Queen’s Head Pubic House, Paternoster Hill, Waltham Abbey. The application sought permission:

(a)        to permit the sale of alcohol from 10.00 hours to 00.00 hours, Sunday to Saturday;

(b)        to permit occasional regulated entertainment in keeping with the style of operation;

(c)        to provide refreshments after 23.00 hours;

(d)        to remain open for 30 minutes after the end of permitted hours for the sale of alcohol as a 'wind down' period;

(e)        to remove all embedded restrictions inherent in the Licensing Act 1964, the Cinematography (Safety) Regulations 1955 and the Children and Young Persons' Acts; and

(f)         to remove all other restrictions inherited from the existing Children's Certificate accept those detailed in Part B of the application.

The attention of the Sub-Committee was drawn to the copy of a letter attached to the report from a local resident, writing on behalf of the Paternoster Hill Residents' Association, objecting to the extended opening hours.  The letter also alleged that the public house had a history of disturbance over the years, although it acknowledged that the current manager had taken steps to reduce this problem.

Presentation of the Applicant's Case

Mr Stephen Gill of McMullen & Sons Limited presented the case and he was assisted by Mr N Lawrie, manager of the public house.  Mr Gill described the premises as a community sports bar in a residential area, although none of the residential properties were particularly close to the public house. He advised that the application included conditions aimed at protecting the amenities of residents.  He advised that, in his experience, there had only been one or two disturbances in the past 15 years and he drew attention to the absence of objections from the Police and Environmental Health. Mr Lawrie advised that he had been the manager of the premises for three years and there had been no incidents during his occupation.

Mr Gill was then questioned by the Sub-Committee.  In response, Mr Gill said he was not aware why the application had not sought to extend opening hours beyond midnight but suggested that it was probably based on the views of the Area Manager having regard to the location of the public house.  He confirmed that he would be happy to accept a variation placing restrictions on the playing of recorded music as well as live music.  Mr Lawrie drew attention to works which had recently been undertaken to the public house including the provision of double door entry. He also confirmed that the public house was used mainly by local residents.

Consideration of Application by the Sub-Committee

The Sub-Committee retired to discuss the application in  ...  view the full minutes text for item 54.

            Recommendation:

To consider an application to vary a premises licence at the Holly Bush in High Road, Loughton.

(Head of Environmental Services) An application to vary a premises licence for the above premises has been received, along with representations from interested parties (Appendix 2).

The three councillors that presided over this item were Councillors Mrs R Gadsby, F Maclaine and Mrs M Sartin.  Councillor P McMillan acted as an observer.  Also present were Mr Stephen Gill, representing McMullen & Sons Limited.

The Sub-Committee considered an application to convert and vary a premises licence for the Hollybush Public House, High Road, Loughton.  The application sought permission:

(a)        to permit the sale of alcohol from 10.00 hours to 00.00 hours Sunday, Monday, Tuesday, Wednesday and Thursday, and to permit the sale of alcohol from 10.00 hours to 01.00 hours on Friday and Saturday;

(b)        to permit occasional regulated entertainment in keeping with the style of operation;

(c)        to provide refreshments after 23.00 hours;

(d)        to remain open for 30 minutes after the end of permitted hours for the sale of alcohol as a 'wind down' period;

(e)        to remove all embedded restrictions inherent in the Licensing Act 1964, the Cinematography (Safety) Regulations 1955 and the Children and Young Persons' Acts; and

(f)         to remove all other restrictions inherited from the existing Children's Certificate, except those detailed in Part B of the application.

The Sub-Committee considered representations from four local residents objecting to the extended hours.  Copies of the letters were attached to the report.  The objectors had drawn attention to noise from the public house/patio of the public house, loud music, especially when the back doors of the premises were left open and public order offences in the street.

Presentation of the Applicant's Case

Mr Gill advised that the Hollybush was a community public house in the High Street, in close proximity to shops and commercial premises.  He acknowledged that it also backed onto residential properties.  Mr Gill stated that the concerns expressed by objectors regarding activities within the confines of the public house had been addressed by the conditions proposed in the application.  However, he advised that, having regard to the representations made, he was offering two additional conditions.  He proposed that all the restrictions on live music would apply to recorded music and that notices would be posted at all the exit points requesting customers to respect the amenities of neighbouring properties and to leave the premises promptly and quietly.

Mr Gill suggested that, in any event, reduced weight should be attached to the written representations from objectors as the objectors were not present to express their views to the Sub-Committee.  In relation to the representations about anti-social behaviour in the streets, he stated that there were other licensed premises in the vicinity and the acts of anti-social behaviour were as likely to stem from customers of those other properties as well as the Holybush.

Mr Gill was then questioned by the Sub-Committee.  In response, he said that he would be happy to consider any suggestions as to how the public house could help to stop anti-social behaviour including vandalism in the adjoining streets.  He confirmed that the Pub Watch Scheme involved an exchange of information about people banned from a particular public house with  ...  view the full minutes text for item 55.

            Recommendation:

To consider an application to vary a premises licence at the Stag, Brentwood Road, Marden Ash.

(Head of Environmental Services) An application to vary a premises licence for the above premises has been received, along with a representation from an interested party (Appendix 3).

The three councillors that presided over this item were Councillors Mrs R Gadsby, F Maclaine and Mrs M Sartin.  Councillor P McMillan acted as an observer.  Also present was Mr Stephen Gill from McMullen & Sons Limited.

The Sub-Committee considered an application to convert and vary a premises licence for The Stag Public House, Brentwood Road, Marden Ash.  The application sought permission:

(a)        to permit the sale of alcohol from 10.00 hours to 00.00 hours Sunday, Monday, Tuesday, Wednesday and Thursday and to permit the sale of alcohol from 10.00 hours to 01.00 hours on Friday and Saturday;

(b)        to permit occasional regulated entertainment in keeping with the style of the operation;

(c)        to provide refreshments after 23.00 hours;

(d)        to remain open for 30 minutes after the end of permitted hours for the sale of alcohol as a 'wind down' period;

(e)        to remove all embedded restrictions inherent in the Licensing Act 1964, the Cinematography (Safety) Regulations 1955 and the Children and Young Persons' Acts; and

(f)         to remove all other restrictions inherited from the existing Children's Certificate except those detailed in Part B of the application.

The attention of the Sub-Committee was drawn to a letter of objection to the application from a local resident, a copy of which was attached to the report to the meeting. The letter referred to existing noise from the beer garden and suggested that any extension of hours would lead to an increased use of the garden as customers tended to spill over into the garden when events were held at the public house.  Reference was also made to a marquee which had been erected in the beer garden and to noise from people in the car park.  The letter also stated that a large percentage of the customers walked back to Ongar Town Centre and would be likely to create noise in the early hours of the morning. 

Presentation of the Applicant's Case

Mr Gill advised that the Stag Public House was a small country pub with a reasonably sized garden area.  He stated that there was no history of any trouble at the public house and that the premises mainly served the immediate community.  He suggested that sufficient conditions had been proposed in order to overcome the objections which had been made.  He drew attention to the condition regarding the closure of the patio/outside seating area at 23.00 hours and to the condition requiring the posting of notices in the car park asking customers to leave the area promptly and quietly.

In response to questions from members of the Sub-Committee, Mr Gill advised that the car park was likely to be illuminated but he could not give an absolute assurance.  He confirmed that adequate illumination would be provided in order for the proposed notices to be seen.  Mr Gill advised that it was company policy to only provide air conditioning in situations where customers were uncomfortable. This was not the case at this public house and doors and windows would remain  ...  view the full minutes text for item 56.

            Recommendation:

To consider an application to vary a premises licence at the Spotted Cow in Fountain Place, Waltham Abbey.

(Head of Environmental Services) An application to vary a premises licence for the above premises has been received, along with representations from interested parties and the responsible authority for Planning (Appendix 4).

The three councillors that presided over this item were Councillors F Maclaine, P McMillan and Mrs M Sartin.  Councillor Mrs R Gadsby left the meeting for this item.  Also present was Mr Stephen Gill from McMullen & Sons Limited, Mrs P Franklin and Mr L Pearce, local residents and objectors, and Mr David Baker from the District Council's Planning Services.

The Sub-Committee considered an application to convert and vary a premises licence for the Spotted Cow, Fountain Place, Waltham Abbey.  The application sought permission:

(a)        to permit the sale of alcohol from 10.00 hours to 00.00 hours Sunday, Monday, Tuesday, Wednesday and Thursday and to permit the sale of alcohol from 10.00 hours to 01.00 hours on Friday and Saturday;

(b)        to permit occasional regulated entertainment in keeping with the style of operation;

(c)        to provide refreshments after 23.00 hours;

(d)        to remain open for 30 minutes after the end of permitted hours for the sale of alcohol as a 'wind down' period; and

(e)        to remove all embedded restrictions inherent in the Licensing Act 1964, the Cinematography (Safety) Regulations 1955 and the Children and Young Persons' Acts.

The attention of the Sub-Committee was drawn to representations concerning the application which had been received from interested parties.  Copies of those representations had been attached to the report to the meeting and comprised:

(a)        letters from five residents including Mrs Franklin and Mr Pearce referring to noise generated by customers leaving the public house, public order offences in the street, customers' cars parked on the pavement and the close proximity of the premises to residential properties;

(b)        a petition with 47 signatures opposing the application; and

(c)        a response from Planning Services following statutory consultation.

Presentation of the Applicant's Case

Mr Gill stated that the Spotted Cow was a quiet public house in terms of turnover and was barely viable.  He advised that the application had been made in order to provide an opportunity to make the premises more viable.  He suggested that in view of the nature of the customer profile, the premises were unlikely to stay open late every evening but the extension of hours was being sought in order to secure maximum flexibility.  He suggested that the majority of customers were pensioners and were unlikely to be involved in public disorder offences on the streets.  He stated that the proposed conditions should ensure that neighbours were not disturbed by noise but he offered the imposition of a further condition requiring that all statements in the application relating to live music, should also apply to recorded music.

Mr Gill advised that Head Office of McMullen's were not aware of any recent complaints regarding the public house.  He stated that the landlord was currently on holiday and therefore unable to be present at this meeting.  He further offered another condition restricting live and recorded music to 23.00 hours Monday - Friday and 00.00 hours at weekends.

In response to questions from the Sub-Committee, Mr Gill stated that the extended hours might  ...  view the full minutes text for item 57.

The Sub-Committee adjourned for lunch at 1.15pm and returned at 1.45pm.

The three Councillors that presided over this item were Councillors Mrs Sartin, Maclaine and McMillan; Councillor Mrs Gadsby acted as an observer. The Chairman welcomed the participants, and requested that they introduce themselves to the Sub-Committee and officers. In attendance was the applicants, Mr S Charlton, Regional Manager for Punch Taverns, and the Licensees Mr M Coyle and Mr R Moxon. There were no objectors in attendance. The Chairman then introduced the members and officers present, and explained the procedure that would be followed for the determination of this application.

(a)        The Application before the Panel

The Environmental Health Manager informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of The New Inn in Sun Street, Waltham Abbey, along with representations from interested parties. The application had requested permission to serve alcohol and late night refreshment until midnight on Sunday to Wednesday and 1.00am on Thursdays to Saturdays. The application had also requested that the premises be open to the public from 5.30am until 30 minutes after the sale of alcohol had ended, although alcohol would not be permitted to be supplied until 10.00am. The application had also requested that Live Music be permitted until 11.00pm Sunday to Thursday and 12.00am Friday to Sunday, with Recorded Music permitted for a further hour each evening. The application also requested an extra hour for the sale of alcohol and provision of live music on Christmas Eve and Boxing Day.

(b)            Presentation of the Applicant’s Case

Mr Charlton stated that the main issue for the application before the Sub-Committee was the reported noise outside the premises at closing time mentioned in the representations made by local residents. The Sub-Committee were reminded that there had not been any representations made by the Police, or any evidence provided that crime and disorder had been emanating from the premises. There was no connection between the incidents cited in the representations and the New Inn, as it was a responsible outlet that was well managed by the Licensees. There was a late night venue in the vicinity that did not shut until 2.00am, and the Police presence in the local streets had no connection to the establishment. Mr Charlton reassured the Sub-Committee that despite concerns over youths drinking in local parks, there was no sale of alcohol to minors for consumption on or off the premises.

Mr Charlton stated that the proposed hours would allow customers to disperse over a longer period of time and would actually help to reduce disorder within the vicinity. Mr Charlton offered a further condition that there would be no admittance to the premises after 11.30pm, and reminded the Sub-Committee that the application could be reviewed if the proposed measures led to further complaints from local residents.

Mr R Coyle, one of the licensees at the New Inn, further added that there was always one of the Licensees on site at any time. The Police had only been called once in eight years, as generally  ...  view the full minutes text for item 59.

The three Councillors that presided over this item were Councillors Mrs Sartin, Maclaine and Mrs Gadsby; Councillor P McMillan acted as an observer. The Chairman welcomed the participants, and requested that they introduce themselves to the Sub-Committee and officers. In attendance were the applicants, Mr S Charlton, Regional Manager for Punch Taverns, and the Premises Manager Mr D Speed. There were no objectors in attendance. The Chairman then introduced the members and officers present, and explained the procedure that would be followed for the determination of this application.

(a)        The Application before the Sub-Committee

The Environmental Health Manager informed the Sub-Committee that an application to vary a Premises Licence had been received in respect of The Merry Fiddlers in Fiddlers Hamlet, Coopersale, along with representations from interested parties and the responsible authorities for Environmental Control and Planning. The application had requested permission to serve alcohol until midnight on Monday to Saturday and 11.30pm on Sundays. The application had also requested that the premises be open to the public from 11.00am, 12.00pm on Sundays, until 30 minutes after the sale of alcohol had ended. The application had also requested that Live Music be permitted until 12.00am on Monday to Saturday and 11.30pm on Sunday, with Recorded Music permitted for a further 30 minutes each evening. The application also requested an additional hour and a half for the sale of alcohol and provision of live music on Christmas Eve and Boxing Day if either occurred on a Sunday.

(b)            Presentation of the Applicant’s Case

Mr Charlton informed the Sub-Committee that the application would enable customers to disperse over a longer period of time at the end of the evening. Mr Charlton reiterated for the benefit of the Sub-Committee that the application sought to extend the sale of alcohol by one hour between Monday and Saturday and an extra 1½ hours if Christmas Day or Boxing Day occurred on a Sunday, along with an extra ten minutes for drinking up time. The Premises Manager, Mr Speed, stated that neighbours had not approached him with reports of problems or written letters of objection, and that Mr Speed had not been aware of any complaints before the production of the agenda.

Mr Charlton did concede that there had been numerous complaints over highways issues in the vicinity of the establishment, however the Premises Manager was powerless to control where patrons parked their vehicles. The frustration of neighbours not being able to park outside their houses was understood and there were plans to increase signage in an effort to ensure that more patrons used the premises’ car park. Mr Charlton felt that if neighbours had concerns over highways issues in the locality then these should be reported to Essex County Council. Mr Charlton stated categorically that there had been no ‘lock-ins’ until 2.00am, no complaints had been forthcoming from the Police over the issue, and there had not been any evidence produced to suggest that these events had taken place.

In response to comments that had  ...  view the full minutes text for item 60.