Agenda item

To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan, S Heather and B Rolfe.

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 Mr S Schaffer the applicant and Michelle Schaffer his business partner and wife.

(a)    Application before the Sub-Committee

The Licensing Compliance Officer introduced the application for a new premises licence at 75 Queens Road, Buckhurst Hill. The operating schedule was for both on and off sales of alcohol, provision of recorded music and provision of late night refreshment.

The responsible authorities had received a copy of the application and it had been advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

Four representations from local residents had been received, they related to the prevention of public nuisance and the prevention of crime and disorder. The responsible authorities had made no objections, the Parish Council had not made an objection but had submitted some comments and the District Council’s Environment and Neighbourhoods Officer had agreed some extra conditions with the applicant.

(b)   Presentation of the Applicant’s Case

The applicant, Mr Schaffer advised the Sub-Committee that premises had not been a restaurant before. He clarified that the name ‘Petiscos’ meant tapas in Portuguese and that would be what they would be serving. They would have no bar in the restaurant; all drinks would be served at the tables. All their wines were sourced from small family vineyards in Portugal. Customers would be allowed to take the bottles home with them if they did not finish it at the time. As proof of concept they had run it as a pop up restaurant for some time, and it had proved very popular.

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

The Sub-Committee enquired about the staff at the premises. They were told that Mr Schaffer would be there everyday along with the service and kitchen staff. This was the only premises that he looked after. He had been in catering for 35 years and had come up with this concept about four years ago and it proved to be successful in London.

The Sub-Committee queried the off-sales element to the licence. Mr Schaffer said that their customers would buy a bottle of wine and if unfinished it could then be taken home.

The Sub-Committee noted that the applicant had agreed with the District Council’s Environment and Neighbourhoods Officer the following conditions:

1)    The number of seated diners on the front terrace shall not exceed 8 at any time. This area was to be cleared of diners by 22.00 – except for smokers;

2)    Between 22.00 hours and when the premises was closed to the public, the outside area shall only be used by customers to smoke. No food or drink to be consumed in the outside area after 22.00 hours;

3)    A member of staff shall ensure that any patrons eating, drinking and/or smoking outside the premises do so in an orderly manner and do not cause a public nuisance;

4)    All external doors and windows shall be closed by 21.00 hours to minimise the noise from the premises, other than entry and exit of patrons and staff; and

5)    No deliveries or refuse collections shall be taken at or dispatched from the Site outside the hours of 07.00-19.00 hours, Monday to Friday, 08.00-14.00 Saturday nor at any time on Sundays, Bank or Public Holidays.

(d)   Closing Statement from the Applicant

The Applicant had nothing more he wished to add.

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

The Chairman advised that the Sub-Committee would withdraw from the chamber whilst they considered the application in private. During their deliberations the Sub-Committee received no further advice from the officers present.

RESOLVED:

That the application for a new Premises Licence for Mr Todiwala at Petiscos, 75 Queens Road, Buckhurst Hill be granted subject to the following conditions which were considered reasonable and proportionate for the promotion of the licensing objectives:

1.             That the conditions consistent with the Operating Schedule together with the conditions that were previously been agreed between the applicant and Michael Richardson, Environment & Neighbourhood Officer, Neighbourhood Directorate (now known as the Commercial & Regulatory Services Directorate) of Epping Forest District Council as set out in an email dated 10^th October 2018 at 09:20 on page 72 of the agenda for the prevent of public nuisance, namely:

(i)            The number of seated diners on the front terrace shall not exceed 8 at any time. This area was to be cleared of diners by 22.00 – except for smokers;

(ii)           Between 22.00 hours and when the premises was closed to the public, the outside area shall only be used by customers to smoke. No food or drink to be consumed in the outside area after 22.00 hours;

(iii)          A member of staff shall ensure that any patrons eating, drinking and/or smoking outside the premises do so in an orderly manner and do not cause a public nuisance;

(iv)          All external doors and windows shall be closed by 21.00 hours to minimise the noise from the premises, other than entry and exit of patrons and staff; and

(v)           No deliveries or refuse collections shall be taken at or dispatched from the Site outside the hours of 07.00-19.00 hours, Monday to Friday, 08.00-14.00 Saturday nor at any time on Sundays, Bank or Public Holidays.

2.             That the Premises as outline in red on the Lease Plan of which the forecourt forms part was not consent under the Highways Act. (The applicant pointed out to the Chairman that the forecourt was not highways land but their own);

3.             The mandatory conditions contained in Sections 19-21 of the Licensing Act 2003.