Agenda item

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors Sartin (Chairman), Hughes and Sunger. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Mr R Banks, a Licensing Consultant acting on behalf of the Premises. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

(a)        The Application before the Sub-Committee

The Licensing Enforcement Officer informed the Sub-Committee that an application had been received for a Premises Licence at the Light Tree Bistro situated at 262 High Road in Loughton, along with representations from interested parties. The application had requested permission for the Premises to supply alcohol from 1200 to 2300 on Mondays to Sundays, play Live Music from 1800 to 2200 on Mondays to Sundays, play Recorded Music from 0800 to 2300 on Mondays to Sundays, and be open to the public from 0800 to 2330 on Mondays to Sundays. Eleven conditions had also been attached with the Application to form part of the Operating Schedule.

The Licensing Enforcement Officer stated that a representation had been received from Essex Police, with two further suggested conditions for the Application. These had been agreed by the Applicant and the objection from Essex Police had been subsequently withdrawn. A further objection had been received from a local resident in Habgood Road regarding the possible permission to play loud music until 2300 at weekends, which they felt would result in unacceptable noise pollution.

(b)        Presentation of the Applicant’s Case

Mr Banks stated that the Premises was a small café on the ground floor of a terrace in the High Road, with bi-fold opening doors. The floors above the café were residential flats, and the surrounding area was a mixed residential, commercial and shopping region. The café currently had 30 covers inside the Premises and 16 covers on the patio area at the front of the Premises. The café currently served breakfasts, lunches and evening meals, together with cakes and pastries, and the aim of the Application was to allow the Premises to serve wine to customers with their evening meals and play background music throughout the day.

Mr Banks pointed out that the Premises had had a number of Temporary Event Notices recently and there had been no objections from any of the flats above the café regarding any of the events. There would be an experienced Designated Premises Supervisor on site who was the Manager of the Premises.

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

Mr Banks informed the Sub-Committee that there was no intention of Live Music being performed regularly at the Premises; the Application was mainly to allow the occasional live singer or instrumentalist to play at the Premises. There was no room at the Premises for a band to set up and perform, and there were no plans for such events. There would definitely not be any Live Music outside the Premises nor any loud speakers situated outside on the terrace. Any live singers would be positioned in the inside seating area in front of the toilet cubicle, approximately midway through the Premises.

Mr Banks confirmed that the sale of alcohol would extend to those customers eating on the patio area outside the Premises. The Premises would be happy to keep the bi-fold doors closed after 2100; they would probably only be open anyway after 2100 at weekends, not weekdays.

It was highlighted that the resident of Habgood Road who had objected to the Application did not actually live particularly close to the Premises. Mr Banks stated that it would take 8 minutes to walk to Habgood Road from the Premises, and emphasised that no objections to the Application had been received from any of the residential apartments above the Bistro.

Mr Banks clarified that the Premises had agreed the two suggested conditions from Essex Police, and that any sale of alcohol at the Premises would be for consumption on the Premises only – including the patio area. There was CCTV in place at the Premises and recordings could be made available upon request by responsible authorities.

(d)        Applicant’s Closing Statement

Mr Banks made a short closing statement in support of the Application.

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

The Sub-Committee received legal advice which clarified that the total area of the Premises included the patio area at the front of the Premises. On the basis of this advice, the Sub-Committee felt it would be beneficial to add an informative to the Licence that alcohol could only be consumed on the Premises, which included the outside Patio area.

The Sub-Committee felt that there were no justifiable reasons to refuse the application; however, the Sub-Committee felt that the bi-fold doors at the front of the Premises should be kept closed after 9.30pm each evening, and the conditions previously agreed with Essex Police should be added do the Licence.

Finally, the Sub-Committee decided to amend condition 6 on the Operating Schedule such that any recordings made by the CCTV system should be retained for 31 days and be made available to responsible authorities upon request.

Decision:

(1)        That the Application for a Premises Licence at the Light Tree Bistro at 262 High Road, Loughton be granted subject to the additional conditions and variation of existing conditions outlined below;

(2)        That the following additional conditions suggested by Essex Police be agreed and form part of the Premises Licence:

            (a)        The Premises must operate as a restaurant:

                        (i)         in which customers must be seated at a table;

                        (ii)        which provides substantial table meals that were prepared on                      the Premises and were served and consumed at the table;

                        (iii)       which did not provide any take-away service of food or drink                         for immediate consumption; and

(iv)       where alcohol must not be sold, supplied or consumed on the Premises otherwise than to persons who were taking substantial table meals and provided always that the consumption of alcohol by such persons was ancillary to taking such meals; and

            (b)        the serving of alcohol shall be by waiter / waitress only;

(3)        That condition (6) of the Conditions consistent with the Operating Schedule be amended to read as follows:

‘(6)       The Premises Licence Holder shall ensure that the Premises shall install and maintain a Closed Circuit Television (CCTV) system, and that all recordings made by the system should be kept for a minimum period of 31 days and be made available upon request by Essex Police or other authorised Officers.’;

(4)        That the bi-fold doors at the front of the Premises should be kept closed after 9.30pm each evening, subject to access to / from the interior of the Premises;

(5)        That, following legal advice, an informative be added to the Licence such that the outside patio area at the front of the Premises be included as part of the Premises for the purposes of supplying alcohol; and

(6)        That all other schedules and conditions within the Premises Licence Application, not already referred to in this decision, be agreed.