Your council
Agenda item
Variation of Existing Premises Licence - Turkwise, 162 High Street, Ongar CM5 9JJ
To consider the attached report.
Minutes:
The three Councillors that presided over this item were Councillors J Jennings (Chairman), P Stalker and C P Pond. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was the Applicant, Mr M V Chesniou, and Councillor P Keska, a District Councillor for the Chipping Ongar, Greensted & Marden Ash ward. There were no objectors in attendance. The Chairman then introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.
The Application before the Sub-Committee
The Licensing Enforcement Officer informed the Sub-Committee that an application to vary the Premises Licence had been received in respect of Turkwise at 162 High Street in Ongar.
The application had requested permission to change the name of the Premises to Porterhouse Wine Bar and Kitchen, and to vary the hours for the supply of alcohol, the opening hours of the Premises, the permitted hours for the playing of Recorded and Live Music and the permitted hours for Late Night Refreshment as follows:
|
Recorded Music Sale of Alcohol Opening Hours |
Live Music |
Late Night Refreshment |
Monday to Sunday |
12.00pm – 12.00am |
- |
11.00pm – 12.00am |
Friday & Saturday |
- |
6.00pm - 12.00am |
- |
The application had been properly advertised and the Council had received four representations relating to the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm. Essex Police Licensing had also responded and offered a number of recommended conditions which had been agreed with the Applicant and would be added to the Licence if the application was approved.
Presentation of the Applicant’s Case
The Applicant introduced himself to the Sub-Committee and gave a brief resume of his professional career. He had arrived in Ongar in 2016 to take over the Turkwise restaurant, and since that time there had been excellent feedback from his customers and there had been no incidents of disorder to report.
Cllr Keska stated that the Premises would be a restaurant, and the sale of alcohol would only ever be in connection with having a meal at the Premises, which was a quality dining establishment. The extra hour requested would bring the Premises in line with the other Licensed premises in Ongar High Street. The Applicant had accepted all of the recommended additional conditions suggested by Essex Police, and the Applicant was committed to the business and making the restaurant a successful venue.
In relation to the objections received from local residents, Cllr Keska stated that Castle Street was at least 200 yards away from the Premises, and although St Martins Mews was closer to the Premises, there were no entrances or exits from the Premises which led to St Martins Mews.
Questions for the Applicant from the Sub-Committee
In response to a number of questions from the Sub-Committee, the Applicant provided the following points of clarification.
There had been no complaints received regarding the volume levels of the music within the Premises as it was low level background music. The Premises had an awkward layout so there were no plans to have regular performances of live music at the Premises – maybe at Christmas or New Year but not on a weekly basis. Any live music would be at the front of the building only. There had been no complaints from the two previous occasions when there had been live music at the Premises.
The Applicant confirmed that any alcohol sales at the Premises would only be connected with the serving of food at the Premises. There would be a lounge area for pre or post meal drinks, but every customer in this area would have had, or would be having, a meal on the Premises.
The Applicant lived in the flat above the Premises as it made managing the Premises easier, and the Applicant planned to continue living in the flat above while he managed the Premises.
There was a Café directly next to the Premises which only opened during the day, and was usually closed by 5.00pm. There were no windows on the side of the building, only the front and back of the building, and the nearby Square was public space.
The Sub-Committee retired to consider the application.
Consideration of the Application by the Sub-Committee
The Sub-Committee received no advice from the Officers present.
The Sub-Committee agreed that the conditions suggested by Essex Police should be added to the existing Licence for the Premises.
The Sub-Committee returned to inform the Applicant of its decision, and to remind the Applicant that they had 21 days from the date of the written notification of the Sub-Committee’s decision to exercise their right of appeal to a Magistrates Court.
Resolved:
(1) That the application to vary a Premises Licence for Turkwise at 162 High Street in Ongar be granted as requested in the application, including the change of name for the Premises, subject to the following conditions, which the Sub-Committee considered to be reasonable, proportionate and in the public interest for the promotion of the licencing objectives:
(a) the modification of the existing conditions on the Licence as set out in the application to vary the Licence; and
(b) the addition of the suggested conditions by Essex Police to the Licence (page 172 of the agenda refers), previously agreed with the Applicant.
Supporting documents:
- Turkwise - Premises Licence Variation Rpt, item 11. PDF 120 KB
- Turkwise - Premises Licence Variation App I, item 11. PDF 1 MB