Agenda item

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors B Surtees, D Dorrell and S Neville.

The Chairman introduced the Members and officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee. In attendance on behalf of the application was M Dogan, the applicant, S Zedek and L Potter the applicant’s agents. There were no objectors in attendance.

(a)        The Application before the Sub-Committee

The Licensing Compliance Officer, N Clarke introduced the application to the Sub-Committee. The application had been made by M Dogan for a new premises licence at 309 High Street, Epping, Essex, CM16 4DA. The applicant had been for the sale of alcohol Monday to Sunday 10.00 to 22:30 and for the opening hours Monday to Sunday 07:00 to 23:00. Following objections from Epping Town Council, M Dogan had revised the sale of alcohol times to Monday - Saturday 11:00 to 22:30 and Sunday 12:00 to 22:30.

The responsible authorities had received a copy of the application and the Licensing Officer produced a copy of the correct advertisement placed in the local paper, as well as it being displayed at the premises. All residences and businesses within 150 meters radius of the premises had been individually consulted. The authority had received two representatives from local residents, which related to the Prevention of Crime and Disorder, Public Nuisance, Protection of Children from Harm and Public Safety and an objection from the Police, who had now agreed conditions with M Dogan. The Essex Fire Service had no objection.

(b)       Presentation of the Applicant’s Case

The applicant’s agent S Zedek advised that  M Dogan had owned the premises for 21 years and currently held a premises licence at Poppy’s Charcoal Grill, 142 High Street, Epping which was not currently used. The applications agent advised that neither premises had received any complaints or involvement with the Police.

The new premises had been refurbished to provide 65 covers and alcohol would only be served with substantial table meals and ancillary to such meals. He advised that alcohol would not be sold to take off the premise and the relevant checks would be put in place such as CCTV and Challenge 25. Customers would also be asked to leave quietly. The applicant’s agent advised that the opening hours reflected their current breakfast trade and their ambition to provide evening meals. The Police conditions suggested by the Epping Forest & Brentwood Licensing Officer and had also been accepted by the applicant.

Regarding the objections letters from residents, the applicant’s agent advised that M Dogan had tried to contact them through Epping Forest Licensing Officers to discuss and reassure them about their objections but they had not contacted him back. The applicant’s agent went on to advise that the objectors had not provided any evidence to support their concerns. The applicant would comply with all the relevant conditions and was mindful of the licencing objectives.

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

The Sub-Committee asked who the Designated Premises Supervisor (DPS) would be for the premises. The applicant’s agent’s advised that it was Mrs S Yildiz, the applicant’s wife.

(i)         Closing Statement from the Applicant

The applicant’s agent had nothing further to add.

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

The Chairman requested that the applicant withdraw from the chamber while they considered the application in private session. During their deliberations the Sub-Committee received no further advice from the officers present.

            RESOLVED:

(1)        That the application for a New Premises Licence for 309 High Street, Epping, Essex CM16 4DA be granted subject to the mandatory conditions being applied and the following additional conditions which the Sub-Committee considered were reasonable and proportionate for the promotion of the licensing objectives:

(a)           That the conditions were consistent with the Operating Schedule subject to the times for the sale of alcohol being revised to Monday - Saturday 11:00 to 22:30 and Sunday 12:00 to 22:30;

(b)           That the conditions with Peter Jones, Epping and Brentwood Licensing Officer set out in his email dated 3 August 2017 be adopted; and

(c)           That a notice be prominently displayed so that it was visible from the outside the restaurant giving contact details to members of the public who may wish to complain or make other representations.