Agenda item

To consider the attached report for a new premises licence.

The three Councillors that presided over this item were Councillors P Keska (Chairman), L Mead and P Stalker. The Chairman introduced the Members and Officers present. The Chairman welcomed the participants to the Sub-Committee. In attendance for the application were the applicant, Mr A Long, and his agent Mr J Knight. No objectors were in attendance.

a)         The Application before the Sub-Committee

The Licensing Compliance Officer, P Jones, informed the Sub-Committee that an application has been made by Dello Spirito Ltd, The Coach House, Powell Road, Buckhurst Hill, Essex, IG9 5RD, for a new premises licence at 28 Queens Road, Buckhurst Hill, Essex IG9 5BY.

The application was for the following licensing activities:

·         The Sale by Retail of Alcohol

Monday to Sunday 10:00 – 22:00 Off Sales only

·         Opening Times of the premises

Monday to Sunday 10:00 – 22:00

The application was received on the 23rd September 2020 and the Operating Schedule set out conditions which would be attached to the licence if this application was granted.

The Responsible Authorities had all received a copy of the application and it was also advertised at the premises and in a local newspaper.

All residences and businesses within 150 meters radius of the premises were individually consulted.

This authority had received five representations from members of the public which were attached to the report.

There were also responses from Environmental Health, Essex Police, Essex Safeguarding, and Essex Fire and Rescue, all of whom had no comments to make.

The Objections related to Prevention of Crime and Disorder, Prevention of Public Nuisance, and Public Safety.

b)         Presentation of the Application

The Applicant, Mr A Long, said that the object of the business was to provide a fine wine shop. They would not be selling anything else such as cigarettes beers or other types of drinks. He worked in the fine wine world for some years and had noticed that there were no fine wine shops in the area. His business plan was to offer a selection of fine wines and to present high end wines. The fine wine selection would be kept to the rear of the shop.

This type of establishment would not cause any nuisance or present any danger to the neighbourhood. He had spoken to the local businesses, 18 in all, and once he had explained the concept, they were happy as they thought it was going to be an Off Licence.

The Council’s Legal officer stated that the Council did not have a cumulative impact policy and that each case be treated on its own merits. When raising an objection under the licensing objectives, speculation was not enough, you needed evidence to back up the objection showing that it relates to the premises in question.

c)         Questions for the Applicant from the Sub-Committee

The Sub-Committee had no questions for the applicant.

d)         Questions for the Applicant from the Objectors

There were no objectors present.

e)         Closing Statement from the Applicant

Mr Long repeated that this was just to be a fine wine shop and would enhance and invigorate the area.

f)          Consideration of the Application by the Sub-Committee

The Chairman advised that the Sub-Committee would go into private session to consider the application. Therefore, the webcast was stopped and would resume when the private session was completed.

During their deliberations the Sub-Committee received no further advice from the Legal Officer present. The Sub-Committee considered what was appropriate to promote the four licensing objectives and the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.

RESOLVED:

The decision of the sub-committee was that the application for a premises licence in respect of ll Vino, 28 Queens Road, Buckhurst Hill, Essex IG9 5BY be granted subject to the following conditions which they considered were reasonable and proportionate for the promotion of the licensing objectives:

1.            The conditions which are consistent with the Operating Schedule and would not undermine the licensing objectives.

2.         Also attached are the mandatory conditions contained in Sections 19 -21 of the Licensing Act 2003.

The applicants and the objectors were reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.