Agenda item

(Director of Corporate Support Services) To consider the attached report.

The Members who presided over the application were Councillors R Morgan, Mrs G Shiell and A Lion.

The Chairman welcomed the participant and introduced the Members and Officers present and requested the participant introduce himself to the Sub-Committee. In attendance was Mr S Bokari the owner of K & T Loughton Limited t/a Papa Johns. In attendance as an objector was Mr D Linnell from the Loughton Residents Association Plans Group.

The Chairman outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee that an application had been received from K & T Loughton Limited t/a Papa Johns for a Late Night Refreshment Premises Licence under the Licensing Act 2003. The application was for the provision of a late night refreshment licence between 23:00 to 01:00 hours Monday to Sunday.

Objections had been received from Loughton Town Council and Loughton Residents Association Plans Group.

(b)       Presentation of the Applicant’s Case

The applicant said that at present they were open until 23:00 hours. Other premises, such as Domino’s, two doors away, had been granted a late night refreshment premises licence until 01:00 hours. Other establishments in Loughton were open until 01:00 or 02:00 hours. The reasons for the extension were to allow for cleaning and home deliveries and to make the business more competitive.

(c)        Questions from the Sub-Committee

Councillor A Lion asked that assuming the premises were open until 01:00 hours would customers come into the shop and if so, how many did he estimate would come in between 23:00 and 01:00 hours?

The applicant replied that customers would be able to come in for food and that approximately 15 customers on Friday and Saturday evening but less during the week.

Councillor A Lion asked if the applicant could foresee any customers that would have been drinking alcohol making a nuisance of themselves?

The applicant replied that they did walk past and were loud. Customers asking for pizzas were served as quickly as possible and moved on.

Councillor Mrs G Shiell asked were the applicants aware of any problems that Domino’s may have had with nuisance customers? The applicant replied that he was not aware of any problems.

(d)       Questions from the Objectors

Mr Linnell asked how many home deliveries were expected to be made between the hours of 23:00 to 01:00 hours? The applicant replied during the weekend approximately 10-20 deliveries were made each evening, during the week there would be a lot less.

Mr Linnell asked how many deliveries per trip would be made? The applicant replied 1 or 2 per trip?

The objector suggested that there would be unacceptable noise levels due to deliveries being made by car with engine start ups, driving off and returning, perhaps five times in a short period.

The applicant replied that they had learnt from other peoples mistakes and kept the street clean and tidy. He was aware of neighbours and kept as quiet as possible.

(e)       Presentation of the Objector’s Case

Mr D Linnell, Loughton Residents Association Plans Group, advised the Sub-Committee that he hadn’t been aware Domino’s were granted a late refreshment licence and he would be looking into it.

Mr Linnell was acting on behalf of the residents who were concerned that the noise would disturb the flats above the premises.

(f)        Questions to the Objectors from the Sub-Committee

The Sub-Committee had no questions.

(g)       Questions for the Objectors from the Applicants

The applicants had no questions for the objectors.

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

The Sub-Committee retired to consider the application in private session, they

felt that there were no grounds for refusal and that the application should be granted. They received no advice from officers.

            RESOLVED:

That the application for a late night refreshment licence for K & T Loughton Limited t/a Papa Johns at 268 High Road, Loughton, Essex IG10 1RB be granted for:

·                The provision of a late night refreshment premises licence between 23:00 and 01:00 hours Monday to Sunday inclusive.