Agenda item

To consider the attached report for a new premises licence.

The three Councillors that presided over this item were Councillors M Sartin (Chairman), S Heather and J M Whitehouse. The Chairman introduced the Members and Officers present. The Chairman welcomed the participants to the Sub-Committee. In attendance for the application was the applicant, Mr W Richards. Ms J Walker was present as an objector from the Loughton Residents Association Plans Group.

 

a)            The application before the Sub-Committee

 

The Licensing Compliance Officer, H Ibrahim, informed the Sub-Committee that an application had been made by Café Caribbean (Loughton) Ltd for a new premises licence at 262 High Road, Loughton, Essex IG10 1RB. The application was for a café / restaurant serving Caribbean food. The applicant was applying for the following:

 

Supply of Alcohol (both on and off the premises)

Monday to Thursday   11:00 to 23:00

Friday and Saturday   11:00 to 00:00

Sunday                        11:00 to 23:00

 

Provision of Live Music

Friday and Saturday   23:00 to 00:00

 

Provision of Recorded Music

Friday and Saturday   23:00 to 00:00

 

Provision of Late Night Refreshment

Monday to Thursday   23:00 to 23:30

Friday and Saturday   23:00 to 00:30

Sunday                        23:00 to 23:30

 

Hours Premises to be open to the public

Monday to Thursday   11:00 to 23:30

Friday and Saturday   11:00 to 00:30

Sunday                        11:00 to 23:30

 

The application was received by the Licensing Authority on the 9 October 2020. The new premises licence application and the operating schedule setting out conditions, which would be attached to the licence if this application was granted, were published in the agenda. The application had been properly advertised at the premises, in a local newspaper and the public notice was attached to the agenda. All residences and businesses within 150-metre radius of the premises had been individually consulted.

 

The authority had received one representation from Councillor J Jennings, one representation from Loughton Town Council, one representation from Mr C Smith, Environmental Enforcement Officer, one representation from Loughton Residents Association Plans Group and nine representations from local residents, which were also attached. The representation received from J Lakhani had audio files attached, but reference to these files was disregarded as they related to a different premises and therefore, were not relevant to this application. Responses had been received from Trading Standards, Essex County Fire Service and Essex Police but they had no comments to make. The objections related to the prevention of crime and disorder, prevention of public nuisance, the protection of children from harm and public safety

 

b)           Presentation of the Applicant’s Case

 

The applicant, Mr W Richards explained that he was the owner of Café Caribbean and had applied for more in the application than he needed from the advice he had been given by Licensing officers. It was a family run business and he wanted customers to be able to have a glass of wine or beer with their meals. He did not want a bar but could understand residents’ concerns and objections to this application. He was only open to 21.00 and was closed on Mondays. He could change the opening hours from 11.00 to 23.00 on Fridays and Saturdays, and close by 22.00 on the other days. He would not have live music, just background music only for people sitting down to eat. If there were any problems, he was prepared to leave his phone number with the residents nearby. There were a lot of other food places in this part of Loughton High Road and he did walk around picking up the litter from behind his premises. Regarding the opening times he would change these to 12.00 to 22.00 but currently was closing at 21.00, but in the summer, he might want to open until 22.00.

 

c)            Questions for the Applicant from the Sub-Committee

 

Councillor J M Whitehouse asked the applicant about the measures and action he would take to prevent noise nuisance. Mr W Richards replied that only background music was played on the premises, not outside or live music. He had installed sound proofing in the ceiling of the premises so it would not be heard by residents in the flats above. Councillor J M Whitehouse asked about the provision of late night refreshment. Mr W Richards replied that he did not want this as he did not want people walking in for a drink only and that people would have to be eating to buy a drink.

 

Councillor S Heather asked about the hours applied for the provision of recorded music. Mr W Richards replied that he wanted this to be from 12.00 to 23.00 on Fridays and Saturdays but no live music.

 

Councillor M Sartin asked if there would be outside seating as the plan submitted with the application covered the floor plan of the premises. Mr W Richards replied that he had seating outside for eight people.

 

d)           Questions for the Applicant from the Objectors

 

The objector on behalf of the Loughton Residents Association, Ms J Walker, queried the late night refreshment provision applied for including the sale of alcohol off and on site. Mr W Richards replied that he would not be providing off sales at any time.

 

The Licensing Compliance Officer, D Houghton, advised that there had been no requirement for the applicant to show the outside seating as off sales had been part of this application and the area outside the premises would have automatically been covered. However, if the applicant was not going to have off sales then this was a problem. Dr S Fowles, the Council’s Legal representative, advised that the plan of the premises could be amended if the Sub-Committee wanted but it had to be fair to the applicant and the objectors. Councillor M Sartin asked Dr S Fowles what would happen then as the applicant was withdrawing off sales. Dr S Fowles replied that the Sub-Committee needed to see a plan showing the outside seating and if this was amended the Committee was entitled to see it. Members could adjourn the meeting to a later day and therefore, deal with all parties fairly.

 

The Sub-Committee agreed to defer this item until an application with the revised times and plan to show where the consumption of alcohol outside the premises in the seated area would be located. The meeting would be adjourned and reconvened at a convenient date. Once the Licensing Section had received an amended application and plan from the applicant, the Licensing Compliance Officer would write to all the objectors and inform them. Dr S Fowles confirmed that updated objections could be submitted, or oral statements could be made. The 28-day consultation period would not be applicable and that the Sub-Committee was entitled to accept amended objections. The applicant confirmed that he wanted people to be able to purchase alcohol inside the premises to drink outside.

 

The decision of the Sub-Committee was as detailed below.

 

            RESOLVED:

 

            DECISION of 1 December 2020 meeting

 

On 1 December 2020 the Committee began consideration of the above application. The Committee heard oral submissions from Mr Richards, the applicant. The application set out in Mr Richards’ oral presentation appeared to differ from that set out in the written application. In particular, Mr Richards proposed different licensed hours, an alteration to the plan submitted with the written application and suggested that he would withdraw his application for an “off sales” licence.

 

In view of these alterations, the Committee resolved to seek greater clarity from Mr Richards about the nature of his application. The Committee asked Mr Richards to answer, in writing the following points:

 

(a)          What licensed hours were applied for?

(b)          What was the extent of the premises that will be subject to the licence? Please provide an updated plan.

(c)           Was the application for “on sales and off sales” or just for “on sales”?

 

The Committee resolved to adjourn the application until 18 December 2020 to allow Mr Richards to provide written answers on these points.

 

In the interests of fairness, the Committee would permit further or updated representations from the public and responsible authorities once Mr Richards had clarified the application. All responsible authorities and anyone who had made a representation would be contacted directly when Mr Richards’ clarifications were received. The Committee would also publicise the clarified application and accept further representations from members of the public.

 

This process would adhere to the following timetable:

 

8 December 2020 - Mr Richards to provide clarifications on the above points.

 

9 December 2020 - Further consultation opens. The clarified application sent to responsible authorities and existing objectors, published on the Authority’s website https://www.eppingforestdc.gov.uk/ and representations from the public accepted.

 

11 December 2020 - Further consultation closes but late representations would be accepted up to 16 December 2020.

 

18 December 2020 - Adjourned application considered at Committee hearing. Applicant and those who had made representations would be invited to attend.

 

Reconvened meeting on 18 December 2020 at 14.30

 

The Licensing Sub-Committee, which was adjourned on 1 December 2020 for this item only, was reconvened as stated above.

 

The webcasting announcement was repeated by the Chairman (as previously stated under Minute no. 63).

 

The Chairman introduced the Members and Officers present, which included:

 

Members:

Councillors M Sartin (Chairman), S Heather, J M Whitehouse and R Morgan

 

Officers:

D Bastick and D Houghton (Licensing Compliance Officers), R Ferreira (Legal Officer), A Hendry (Democratic Services Officer), C Smith (Environmental Enforcement Officer) and T Carne (Corporate Communications Officer)

 

The Chairman welcomed the participants to the Sub-Committee. In attendance for the application was the applicant, Mr W Richards. Ms J Walker was present as an objector from the Loughton Residents Association Plans Group. The Chairman said that most of those present were at the previous meeting on 1 December 2020.

 

The three Councillors that presided over this item were Councillors M Sartin (Chairman), S Heather and J M Whitehouse. Councillor R Morgan was observing the meeting but would not take part in the meeting or when the Sub-Committee went into private session.

 

a)            The application before the Sub-Committee

 

The Licensing Compliance Officer, D Bastick, informed the Sub-Committee that an application had been made by Café Caribbean (Loughton) Ltd for a new premises licence at 262 High Road, Loughton, Essex IG10 1RB. This application for a café / restaurant serving Caribbean food had previously been considered by the Licensing Sub-Committee on 1 December 2020, but during the meeting the applicant had wanted to make amendments to his application. The decision of the Members was to adjourn the hearing provisionally to 18 December 2020, to allow the applicant to make the amendments.

 

The amendments to the application were as detailed below:

 

Supply of Alcohol (on the premises only)

Monday – closed

Tuesday, Wednesday and Thursday 12:00 to 22:00

Friday and Saturday 12:00 to 23:00

Sunday 12:00 to 22:00          

 

Provision of Live Music

No longer required

 

Provision of Recorded Music

Monday – closed

Tuesday, Wednesday and Thursday 12:00 to 22:00

Friday and Saturday 12:00 to 23:00

Sunday 12:00 to 22:00

 

Provision of Late Night Refreshment

No longer required

 

Hours Premises to be open to the public

Monday – closed

Tuesday, Wednesday and Thursday 12:00 to 22:00

Friday and Saturday 12:00 to 23:00

Sunday 12:00 to 22:00

 

D Bastick advised that Councillor J Jennings had withdrawn her objection. Loughton Methodist Church had replied that it was comfortable with the revised application. Mr J Lakhani had stated that his original representation still stood. Mrs J Walker, on behalf of Loughton Residents Association, had submitted a revised objection.

 

In reference to the revised objection from the Loughton Residents Association, Councillor M Sartin clarified that where it stated the applicant was advised by Licensing Officers ‘to put in more than he needed’, this advice had come from the applicant’s agent, not Epping Forest District Council Licensing Compliance officers.

 

b)           Presentation of the Applicant’s Case

 

The applicant, Mr W Richards, said that he had been in the catering business for about 25 years now and he had previously had a couple of other places in the town. He had decided to open this place and as it was a family business other members of his family were involved in running it. He wanted to be able to offer wine and beer with the food he served, but he did not want it to be a bar. He had originally applied for more hours but now knew this was not required. Opening to 22.00 was the latest he would need.

 

c)            Questions for the Applicant from the Sub-Committee

 

Councillor J M Whitehouse asked the applicant for more information about the outside space and bearing in mind some of the residents’ concerns who lived above the premises, how would that be managed? Mr W Richards replied that he did not want to upset these residents. There would only be about four tables outside in a cordoned off space, and he could agree with Members a time to end people sitting outside, such as 21.00. He would not want to serve people with drinks outside after 21.00.

 

Councillor M Sartin said that in other similar applications outside seating had ended at 21.00, and the tables and chairs cleared at this time. Would the applicant be happy with this proposal? Mr W Richards agreed he would stop people sitting outside at 21.00, as he was mindful of the noise concerns of the residents above. R Ferreira, Legal Officer, believed that the applicant had agreed to certain licensing conditions with the Council’s Environmental Enforcement Team on 10 December 2020 relating to public nuisance with a proposal to end people sitting outside by 22.00, and was the Sub-Committee aware of this? As Members were not aware, C Smith advised on the details of the Environmental Enforcement Team’s proposed conditions. These included:

 

·      the outside seating area to close at 22.00;

·      no music in the outside area;

·      monitoring the volume of the music;

·      putting in an automatic noise control device; and

·      the premises be adequately insulated for noise levels.

 

Mr Smith confirmed with Councillor M Sartin that the main difference was to do with the hours around the outside seating area.

 

Councillor S Heather asked if the applicant had definitely agreed to closing the outside seating area at 22.00. Mr W Richards replied this was no problem at all.

 

d)           Questions for the Applicant from the Objectors

 

Ms J Walker asked how many people would be able to be seated at the four tables outside the premises? Mr W Richards replied, four people per table could be seated.

 

e)            Presentation of the Objectors

 

The objector on behalf of the Loughton Residents Association, Ms J Walker, stated that the revised opening hours were now acceptable. However, for residents living above the premises who might have children, to allow people to sit outside until 22.00 at night was still late, particularly during the summer when those residents might want to have their windows open. She thought the outside seating area should be restricted to 21.00.

 

f)             Questions for the Objectors from the Sub-Committee

 

There were no further questions from Members.

 

g)           Questions for the Objectors from the Applicant

 

Mr W Richards said that he would be prepared to close the outside seating area at 21.00.

 

h)           Closing Statement from the Objectors

 

The objector had nothing further to add.

 

i)             Closing Statement from the Applicant

 

Mr W Richards reiterated that it was a family run business and that he did not want to upset any of the residents above the premises so he could close the outside seating area by 21.00 if the Sub-Committee preferred this proposal.

 

j)          Consideration of the Application before the Sub-Committee

 

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

 

On 1 December 2020, the Licensing Sub-Committee began hearing the above application having considered that the application submitted satisfied the necessary requirements in order to be considered as it was on the prescribed form, it had been advertised and relevant notifications given. The Licensing Sub-Committee heard oral submissions from Mr Richards, the applicant which appeared to differ from that set out in the written application. In particular Mr Richards’ proposed different licensed hours, alteration to the plan which was submitted with the written application, the deletion of the provision of live music and late night refreshment. The Licensing Sub Committee considered that in the interest of fairness clarification was required and therefore, the hearing of 1 December 2020 was adjourned to a new date so as to allow the applicant to submit the changes in writing, and to permit further or updated representations from the public (including the existing objectors) and responsible authorities once they had considered Mr Richards amendments.

 

The Licensing Sub-Committee had taken these and the written material submitted to the Council into account. The Sub-Committee had 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:

 

            DECISION of 18 December 2020 meeting

 

That the application for a premises licence in respect of Café Caribbean, 262 High Road, Loughton, Essex IG10 1RB, be granted, subject to:

 

(1A)     the conditions consistent with the Operating Schedule submitted by the applicant on 9 October 2020 and dated 8 October 2020 as modified by the following conditions submitted by the applicant on 7 December 2020 namely:

 

·      Plan – the revised plan showing the Premises to be licensed edged in red  includes the inside and outside dining area of the Premises was to be incorporated into the Operating Schedule;

·      Page 106 – Section 10 – Provision of Live Music – should be amended to read “No” and on page 107 the word “indoors” should be struck through;

·      Page 108 – Section 11 – Provision of Recorded Music – recorded music should be played only in the background inside dining area of the Premises and not in the outside dining area of the Premises;

·      Page 109 – Section 14 – relating to Late Night Refreshment – there should be no late night refreshment provided and therefore the word “Yes” on page 109 and the word “Indoors” on page 110 should be struck through;

·      Page 111 – Section 15 – the Supply of Alcohol hours should be amended to read Monday – closed; Tuesday, Wednesday and Thursday – from 12:00 to 22.00 hours; Friday and Saturday from 12:00 until 23:00 hours and Sunday from 12:00 until 22:00;

·      Page 111 – relating to the sale of alcohol should be amended to read “on the premises” and the word “both” to be deleted;

·      Alcohol should only be sold with a meal served at the tables inside and at the tables in the outside dining area of the Premises;

·      Pages 113 and 114 – Section 17 – the opening hours should be amended to read Monday – closed; Tuesday, Wednesday and Thursday – from 12:00 to 22.00 hours; Friday and Saturday from 12:00 until 23:00 hours and Sunday from 12:00 until 22:00;

 

(1B)     That the proposed conditions of the Epping Forest District Council Environmental Enforcement Officer as agreed by the applicant, as follows:

 

·      The premises shall be adequately insulated or the sound level adjusted, to ensure that noise from music (recorded) or amplified is inaudible inside any adjoining premises.

This was to control the escape of music to adjoining properties.

Reason: To ensure that any music and amplified sound from the licensed premises does not cause a public nuisance.

 

·      An appropriate automatic noise control device must be used for any amplified sound. The device should be set so that the volume of any amplified sound emanating from the premises did not cause a public nuisance. The Premises Supervisor could ensure that any amplified music from the premises did not cause a public nuisance by ensuring that amplified sound was inaudible at the boundary of any properties where the occupiers were likely to be sensitive to noise.

Reason: To ensure that any amplified sound from the licensed premises does not cause a public nuisance and the applicant has an effective method to adequately control the level of amplified sound and music in order to prevent public nuisance.

 

·      The Premises Supervisor (or representative) shall monitor the volume of music emanating from the premises and adjust the volume to ensure that any amplified sound or other music from the licensed premises does not cause a public nuisance. The Premises Supervisor (or representative) could ensure that music from the premises did not cause a public nuisance by ensuring that the music was inaudible at the boundary of any properties where the occupiers were likely to be sensitive to noise.

Reason: To ensure that any music and amplified sound from the licensed premises does not cause a public nuisance.

 

·      No music is to be played in the outside area.

This was to control the impact of noise on neighboring domestic properties.

Reason: To ensure that any music and amplified sound from the licensed premises does not cause a public nuisance.

 

·      The outside seating area was to be closed at 21.00.

·      The external doors be shut at 21.00.

·      To put up a notice to ask customers to leave quietly.

This was to reduce the impact of people noise on neighboring domestic properties.

 

The Sub-Committee considered that the above mentioned were reasonable and proportionate and would not undermine the licensing objectives.

 

(2)        The Sub-Committee also attached 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.