Agenda item

To consider the attached report.

The Sub-Committee considered an application for a variation of the existing premises licence for Efezade, 12-14 The Broadway, Loughton.

The applicant, Mr. C. Erdoganwas in attendance at the meeting, accompanied by Mr. J. Kershaw. Mr. Durr and Mr. D. Linnell (Loughton Residents Association Plans Group) were in attendance at the meeting as objectors to the application, together with Mr. R. Thomason (Environment and Neighbourhoods Officer) of the Council’s Commercial and Regulatory Services Directorate. The Chairman of the Sub-Committee introduced the members and officers present at the meeting and outlined the procedure that would be followed by the Sub-Committee in its determination of the application.

(a)       Application before the Sub-Committee

The Licensing Officer introduced the application for the variation of the premises licence, which was for the sale by retail of alcohol on the premises only from Monday to Sunday from 10:00 to 01:00, recorded music from Monday to Sunday from 10:00 to 01:00 and late night refreshment from Monday to Sunday from 23:00 to 01:00.

The Sub-Committee was advised that the opening times of the premises were from Monday to Sunday from 07:30 to 01:00 and that the Operating Schedule set out conditions which would be attached to the licence if the application was granted. 

The Licensing Officer reported that all of the responsible authorities had been consulted with regard to the application, which was also advertised at the premises and in a local newspaper. In addition, all residences and businesses situated within a radius of 150 metres of the premises had been individually consulted on the application. The Sub-Committee noted that the Council had received eighteen representations to the application, from the Council’s Environmental Enforcement Team, Loughton Town Council, Loughton Residents Association and local residents, relating to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.The Licensing Officer reported that Essex Police and the Council’s Environmental Health Team had raised no objections to the application.

The Sub-Committee was reminded that, whenconsidering an application for a licence, the licensing authority musthave regard to steps that were appropriate to the promotion of the licensing objectives, including:

·                 the prevention of crime and disorder;

·                 public safety;

·                 the prevention of public nuisance; and

·                 the protection of children from harm.

Members noted that the licensing authority must also have regard to its Statement of Licensing Policy and any guidance issued by the Secretary of State when considering an application for a licence.

The Sub-Committee was reminded that, in determining the application, it could take any of the following steps considered necessary for the promotion of the licensing objectives:

·                 to grant the licence as applied for, subject to the conditions mentioned in the Operating Schedule modified as the Sub-committee considered necessary for the promotion of the licensing objectives and the mandatory conditions specified in the Licensing Act 2003, or

·                 to exclude from the scope of the licence any licensable activities to which the application relates, or

·                 to refuse to specify a person as the premises supervisor, or

·                 to reject the application.

(b)       Presentation of the Applicant’s Case

On behalf of Mr. Erdogan, Mr. Kershaw presented the application for the variation of the premises licence. In recognition of the level of objection made to the proposed variation of the licence, Mr. Kershaw advised the Sub-Committee that  Mr. Erdogan would be agreeable to the variation of the premises licence requiring that alcohol be served only between 10.00 and 00.30 on Friday and Saturday and that the requirements of the existing licence not be varied for Monday to Thursday and on Sunday.

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

Members sought clarification of the hours for which Mr. Erdogan now sought the variation of the premises licence. Mr. Kershaw advised the Sub-Committee that  Mr. Erdogan was seeking a variation of the licence to permit the sale by retail of alcohol, the provision of recorded music and late night refreshment at the premises on Friday and Saturday from 10:00 to 00:30 and from Monday to Thursday and on Sunday from 10:00 to 23:00, in accordance with the requirements of the existing licence. The Sub-Committee also enquired whether any noise insulation measures had been installed at the premises, although Mr. Kershaw confirmed that this was not the case at present. Members asked the applicant how often live music was provided at the premises, which Mr. Kershaw confirmed was offered for special events only and was always concluded by 22:00.

(d)       Questions for the applicant from the objectors

No questions for the applicant in connection with the application for the variation of the  premises licence were raised by the objectors present at the meeting.

(e)       Presentation of the Objectors’ Case

Mr. D. Linnell advised the Sub-Committee that Loughton Residents Association considered that the closing time of 00:30 on Friday and Saturday proposed by the applicant at the meeting to still be too late, given the close proximity of the application premises to residential properties in The Broadway and surrounding areas. Mr. Linnell also suggested that noise nuisance arose at the premises from employees leaving the premises through a rear exit. Mr. Durr advised the Sub-Committee that the nature of his employment required that he retire to sleep early each evening and rise in the early hours of each morning and that he was frequently awoken by noise emanating from the application premises. Mr. R. Thomason presented the views of the Council’s Senior Environmental Enforcement Officer, which concerned the potential for noise nuisance to be generated in the early hours, which would adversely affect the residential area. Mr. Thomason also suggested that noise nuisance arose at the premises from the use of the outside seating area by smokers.

(f)        Questions for the objectors from the Sub-Committee

No questions for the objectors present at the meeting in connection with the application for the variation of the  premises licence, were raised by the Sub-Committee.

(g)       Questions for the objectors from the applicant

Mr. Kershaw asked Mr. Thomason whether any previous complaints had been made to the Council with regard to loud music emanating from the application premises and whether any action had subsequently been taken with regard to such complaints. In response, Mr. Thomason advised the Sub-Committee that two separate complaints had been received in May and June 2019, but that it had not been necessary for Environmental Enforcement Officers to visit the premises in relation to the complaints, as the provision of music had ceased at the time that the complaints had been received.

(h)       Closing statement from the objector

Mr. Linnell and Mr. Durr reiterated that they considered that the closing time of 00:30 on Friday and Saturday proposed by the applicant at the meeting to still be too late, given the close proximity of the application premises to residential properties in The Broadway and surrounding areas.

(i)        Closing statement from the applicant

Mr. Kershaw reminded the Sub-Committee that there were already a number of existing establishments located in The Broadway that could give rise to issues of noise nuisance late in the evening. Mr. Kershaw advised the Sub-Committee that the outside seating area at the premises was cleared by 23:00 each evening and that employees were constantly reminded to leave the premises through a rear exit as quietly as possible.  Mr. Kershaw indicated that Mr. Erdogan was willing to work cooperatively with the Environmental Enforcement Team to prevent noise nuisance arising from the operation of the premises and would be amenable to the installation of noise limiting equipment or insulation measures at the premises, if this was considered appropriate by the Council.

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

The Chairman advised the meeting that the Sub-Committee would withdraw from the Council Chamber whilst it considered the application in private and that, during its deliberations, the Sub-Committee would receive no further advice from the officer’s present.

RESOLVED:

That the application for a variation of the existing premises licence for Efezade, 12-14 The Broadway, Loughton, be refused.