Agenda and minutes

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.”

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

To declare interests in any item on this agenda.

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

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

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

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

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

To consider the attached report for a new premises licence.

The three Councillors that presided over this application were Councillors J Jennings (Chairman), M Sartin and J.M. Whitehouse. The Chairman welcomed Mr Patrick, the Applicant, and confirmed that the application could be heard with an audio only stream from Mr Patrick. 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 Licensing Compliance Officer, H Gould, informed the Sub-Committee that an application had been made by Mr Patrick of Lost Soul Spirits for a new premises licence at 50 Rochford Avenue, Waltham Abbey, Essex, EN9 1SE.

The application for a new Premises Licence at this residential premises was to stock and sell alcohol by internet/telephone sales, for consumption off the premises from Monday - Sunday 08:00 to 23:00. The alcohol will be in sealed bottles for customer home delivery only. The residential premises will have no public access.

The application was received on the 28 August 2020. All Responsible Authorities had been notified and had been properly advertised at the premises and in a local newspaper, all residences and businesses within a 150 metre radius were consulted.

The authority had received one representation from a member of the public which related to the prevention of crime and disorder, public safety, prevention of public nuisance. Responses had been received from Trading Standards and Essex County Fire and Rescue Service who had no objections to the application.

The Police had agreed conditions, regarding the protection of children from harm, with the applicant.

(b)       Presentation of the Application

Mr Patrick stated that he wanted to address the two issues that had been raised by the objector. First deliveries would be made to his work address and he would bring it home from there. Customers could not order or collect in person from the premises, therefore there would be minimum street disruption. The second point was related to the risk of a break in, this license application was the only reason this address had been made public. The product was a bespoke, handmade product with a specialised market that was unlikely to attract casual sales and sales to young people. If there were orders in the locality, he would personally deliver to minimise traffic disruption.

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

A Sub-Committee member asked if the applicant would accept the removal of the 08:00 to 23:00 Sunday hours, to address the potential for vehicular movement on a Sunday?  Mr Patrick replied that these hours were not for deliveries or collections, but for the processing of orders and the packaging of bottles, any orders received through the weekend would be processed, ready for delivery on Monday from his work premises.

The Sub-Committee sought further clarity on the processing and delivery of orders, and the need to have a license on Sunday? The Senior Legal Officer, Mr G Oakley summarised that couriers would deliver and collect to Mr Patrick’s workplace  ...  view the full minutes text for item 47.

To consider the attached report for a new premises licence.

The three Councillors that presided over this application were Councillors J Jennings (Chairman), P Keska and J M Whitehouse.

The applicant Alexandru-Catalin Barbila and his representative Ileana-Alina Susanu were in attendance.  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 Licensing Compliance Officer, H Gould, informed the Sub-Committee that an application had been made by Alexandru-Catalin Barbila of Treiculori Ltd. for a new premises licence, at Europena Supermarket, 23 Market Square, Waltham Abbey, Essex, EN9 1DU for the Sale of Alcohol for consumption off the premises from Monday - Sunday 09:00 to 23:00.

The application was received by the Licensing Authority on the 3 September 2020. All Responsible Authorities had been notified and it had been properly advertised at the premises and in a local newspaper, all residences and businesses within a 150 metre radius of the premises were individually consulted.

The authority had received one representation from a local business owner relating to the prevention of public nuisance. Responses had been received from Public Health, Environmental Health, Essex Police, Trading Standards and Essex County Fire & Rescue Service, who had no objections to the application. 

(b)       Presentation of the Applicant’s Case

Ms. Susanu outlined the current nature of the business as a small, local family run, international supermarket that sold traditional European and British produce. The applicant was aware of some of the public nuisance issues raised and had co-operated with the Police. The applicant had upgraded CCTV with four additional cameras to cover all entries to the shop, and had made provision to ensure that spirits would be behind the counter, staff would receive training every three months rather than the required six month interval.

The applicant suggested that all business should have the opportunity to trade, irrespective of competition and suggested that a range of licensed establishments in the vicinity had earlier trading hours than those requested in the application. The applicant was prepared to adjust the trading hours to start at 10:00am rather than 9:00am as submitted in the application, to address some of the concerns raised.

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

A Sub-Committee member asked for an explanation of the training, as the designated supervisor would not always be present?  Mr Barbila explained training would take place every 3 months, more frequently than the 6 month required by law. There would be regular discussions with staff, all paperwork would be kept on the site, and the member of staff may be trained as a designated premises supervisor (DPS) in their own right.

They were asked, how many staff there would be? Ms Susanu, stated that there would be one member of staff.

A Sub-Committee member asked if the staff member would be permanent? Ms Susana advised that there would be one permanent member of staff with the same duties, that would be re-trained every three months.

A Sub-Committee  ...  view the full minutes text for item 48.