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.

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs R Gadsby declared a personal interest in item (6) of the agenda (Application to vary a Premises Licence – Market Kebabs, Market Square, Waltham Abbey), by virtue of being the ward member for the premises. The Councillor had determined that her interest was not prejudicial and would remain in the meeting for the consideration of the application and voting thereon.

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

            Decision Required:

To consider an application to vary a Premises Licence at Market Kebabs in Market Square, Waltham Abbey.

6.1       An application to vary a Premises Licence for the above premises has been received, along with a representation from an interested party.

The three Councillors that presided over this item were Councillors Mrs M Sartin, Mrs R Gadsby and F Maclaine. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee and officers. In attendance on behalf of the application was Mr Tanak, who was representing the applicant Mr A Dokgoz. There were no objectors present. The Chairman then introduced the members and officers present, and explained the procedure that would be followed for the determination of the 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 Market Kebabs in the Market Square, Waltham Abbey, along with a representation from an interested party. The application had requested permission to provide late night refreshment until midnight on Sunday to Thursday and 1.00am on Friday and Saturday, and to remain open to the public for a further fifteen minutes after the provision of late night refreshment had ceased.

(b)            Presentation of the Applicant’s Case

Mr Tanak stated that the premises had been closing at 11.00pm each evening following the refusal of the previous application to vary the premises licence on 13 October 2006. Mr Tanak informed the Sub-Committee that staff cleared the rubbish from outside the premises, and that any noise in the general vicinity of the premises was more likely to be from customers of the nearby public houses rather than patrons of the premises. The establishment had been in business for eight years, and that if it had repeatedly opened beyond the permitted hours, as alleged by the representation, then it would have been brought to the attention of Environmental Health Officers.

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

In response to questions from the Sub-Committee, Mr Tanak reiterated that staff cleared the rubbish from outside the premises when it had closed. Mr Tanak stated that the premises would put up notices asking patrons to leave the establishment quietly.

(d)            Questions for the Applicant from the Officers

There were no questions from the officers for the applicant.

(e)            Applicant’s Closing Statement

Mr Tanak stated that the premises were seeking an extra hour during the week and an extra two hours at the weekend in order to reclaim the trade that had been lost in the previous five months since the premises had to close at 11.00pm every evening.

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

The Sub-Committee felt that the business had been established in the area for a number of years and trade had suffered since it had to close at 11.00pm each evening. Whilst there were a number of complaints concerning noise in the area late at night, there was no evidence to suggest that the premises was solely to blame. The Sub-Committee agreed to grant the requested hours for late night refreshment and being open to the public, but also determined to add an additional condition regarding litter in the vicinity of the premises.  ...  view the full minutes text for item 155.

            Decision Required:

To consider an application to vary a Premises Licence at the Minx in High Road, Loughton.

7.1       An application to vary a Premises Licence for the above premises has been received, along with representations from interested parties.

The three Councillors that presided over this item were Councillors Mrs Sartin, Mrs Gadsby and Maclaine. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee and officers. In attendance on behalf of the application were: Mr P Mason, Area Manager for Mitchell and Butler; Mr R Maharajah, the designated Premises Supervisor; and Ms L Sharkey, a solicitor representing Mr Maharajah. 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 the 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 Minx at 126 High Road in Loughton, along with representations from interested parties. The application sought to vary the permitted hours for films, indoor sporting events, live music including making music, dancing and the supply of alcohol as follows:

·                     Monday to Wednesday, 10.00am to 12.00am; and

·                     Thursday to Sunday, 10.00am to 1.00am.

The application also requested that late night refreshment be provided from 11.00pm to 12.00am on Mondays to Wednesday, and 11.00pm to 1.00am on Thursdays to Sundays, with the premises being permitted to open from 9.00am to 12.30am on Mondays to Wednesdays, and to 1.30am on Thursdays to Saturdays. In addition, the application also requested the opportunity to open for the transmission of recognised international events that were outside the hours requested, and that an extra hour be granted for bank holiday weekends, the Christmas period (an additional two hours on Christmas Eve), various Saints days and the commencement of British Summertime. The Environmental Health Manager further added that in 2005, the Premises had been granted a Public Entertainment Licence but that the initial application to vary the Premises Licence had not been dealt with correctly, although the applicant had erroneously believed that it had been granted, and consequently the Sub-Committee was reconsidering the application.

(b)            Presentation of the Applicant’s Case

Ms Sharkey explained that the Public Entertainment Licence applied to the downstairs section of the premises where there was a dance floor and entertainment area. The upstairs section of the premises was a Lebanese restaurant with 45 covers, which currently traded until 12.00am each evening under a Supper Licence. There were no plans to change the current nature of the business.

There had been 35 objections received when the Public Entertainment Licence had been considered and granted, but only three had been received in respect of this application. Ms Sharkey contended that none of the objections had dealt with specific instances at the premises, only a fear of what might happen. The premises had mistakenly believed that it had been granted the variations and had been opening for the longer hours, but there had not been a single instance of disorder during this period. Previously, customers had left the premises to attend one of the nightclubs in the area, but now they tended to remain at  ...  view the full minutes text for item 156.

            Decision Required:

To consider an application to vary a Premises Licence at the Lindsay Street Community Centre, in Frampton Road, Epping.

8.1       An application to vary a Premises Licence for the above premises has been received, along with a representation from an interested party.

The Environmental Health Manager reported that the application to vary a Premises Licence at the Lindsay Street Community Centre in Frampton Road, Epping had been withdrawn. The applicant had not followed the correct consultation procedure, and therefore the Sub-Committee could not hear the case at the current time.