Agenda and minutes

The Chairman advised that there were some technical issues on the website which prevented participates accessing the agenda. Therefore the meeting would be adjourned until 10.30 a.m. to allow the issue to be resolved.

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 Councils Members’ Code of Conduct.  

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

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

To consider the attached report.

The three Councillors that presided over this application were Councillors M Sartin (Chairman), P Stalker and A Lion.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.

In attendance on behalf of J26 Diner were Ms S Glover (Legal Representative), Mr N Thompson (Applicant), Ms H Rogerson (Applicant) and Mr A Grimsey (Solicitor).

In attendance on behalf of the objectors were Mr R McManus (Essex Police County Licensing Officer) and Councillor B Holmes (Waltham Abbey Town Council).

Councillor H Kane and Ms A Taylor were present as observers.

(a)          Application before the Sub-Committee

The Licensing Compliance Officer, Ms H Gould introduced the application for a variation to the premises licence at J26 Diner, Skillet Hill Farm, Honey Lane, Waltham Abbey, Essex, EN9 3QU.

The proposed variation was as followed;

•           Removal of the condition imposed on the current premises licence under Annex 2, which restricted the number of customers to 40 at any one time; and

•           To increase the limit of people to 150 sitting both inside and out. 

The application had been received on the 18 March 2021 and the Operating Schedule set out conditions which were already and would be attached to the licence, if this application was granted. 

The Responsible Authorities had received a copy of the application and it had been advertised at the premises and in the local newspaper.

The authority had received one objection from Essex Police which related to the Prevention of Crime and Disorder and the Public Safety objectives and an objection from Waltham Abbey Town Council which related to the Prevention of Crime and Disorder, Public Safety and the Prevention of Public Nuisance objectives. The Essex County Fire & Rescue Service had made recommendations concerning the occupancy numbers inside the premises and that the premises should be restricted to a maximum of 60 persons at any one time (including staff and customers).

(b)          Presentation from the Applicant/Representative

Ms Glover introduced the application and highlighted that this was a permanent variation to the licence. She gave some context to the submission, advising that following this an application there was a Temporary Event Notice(TEN) application for the same premises, which had previously been refused by the Licensing Sub-Committee for health and safety concerns. It was noted that the Police had made very similar objections to that previous TEN application and the decision was being appealed.

The Sub-Committee were advised that the original application had been granted in 2010, following an appeal to the magistrates which established the principal of a licence on this premises with a capacity of 40 diners. The variation looked to increase this capacity to 150.  It was noted the fire regulations determined that inside capacity of the diner and the Fire Service had confirmed the limit of 60 persons. Therefore the proposed 150 capacity would allow the remaining capacity to be seated outside the diner. The premises was primarily a truck stop throughout the  ...  view the full minutes text for item 111.

To consider the attached report. Background papers to follow.

The three Councillors that presided over this application were Councillors M Sartin (Chairman), P Stalker and A Lion.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.

In attendance on behalf of J26 Diner were Ms S Glover (Legal Representative), Mr N Thompson (Applicant), Ms H Rogerson (Applicant) and Mr A Grimsey (Solicitor).

In attendance on behalf of the objectors were Mr R McManus (Essex Police County Licensing Officer) and Councillor B Holmes (Waltham Abbey Town Council).

Councillor H Kane and Ms A Taylor were present as observers.

(a)          Application before the Sub-Committee

The Licensing Compliance Officer, Ms D Bastick introduced the application for a Temporary Event at J26 Diner, Skillet Hill Farm, Honey Lane, Waltham Abbey, Essex, EN9 3QU.

The application had been made by Mr N Thompsonfor a new Temporary Event Notice, for a music event outside to include live music, food and drink on Saturday 26 June 2021 at Junction 26 Diner, Skillet Hill Farm, Honey Lane, Waltham Abbey, EN9 3QU. The application was for the sale by retail of alcohol and provision of regulated entertainment and had been received on the 28 April 2021. 

A Temporary Event Notice for the event had been previously submitted on 31 March 2021 and had been refused at a hearing held on 14April 2021. It was noted that all applications were to be considered on their own merits.

The Responsible Authorities for the Police, the Environment and Neighbourhood Team and Public Health Unit had been consulted.

The authority had received a representation from Essex Police.

(b)          Presentation from the Applicant/Representative

Ms Glover reiterated that the Sub-Committee had just considered the application to vary the licence for Junction 26 Diner, Skillet Hill Farm, Honey Lane, Waltham Abbey, EN9 3QU, and they were asked to bear those considerations in mind when considering this application.

It was stated that the Sub-Committee should consider the risks associated with the TEN that had been identified by the objectors alongside all the pertinent information that had been supplied by the applicant in the supplementary agenda. From the previous application, it had become clear that the day to day business of the diner and the TEN application were for different purposes.

The two concerns which had previously resulted in the TEN application being refused were;

1.    the conflict between pedestrians and HGV’s; and

2.    people wandering onto the road.

Ms Glover advised that the conflict between pedestrians’ and HGV’s had been mitigated by the condition to ground all HGV’s two hours before and after the event and the Sub-Committee needed to balance the risk of pedestrians wandering into the road, as there had been no evidence to support this concern. The applicant had taken on the recommendations set out in the Risk Assessment which had been independently produce.

This TEN application included the following changes to the previously submitted application;

·         The applicant’s name had been changed; and

·         The inclusion of the provision  ...  view the full minutes text for item 112.