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Agenda item
APPLICATION FOR A PREMISES LICENCE - GODS OWN PIZZA, 155 HIGH ROAD, LOUGHTON IG10 4LF
To consider the attached report for a new premises licence.
Minutes:
The three Councillors that presided over this application were Councillors R. Morgan (Chairman), B. Rolfe and D. Sungar.
The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. The applicant Lee Norton, ManosFilaitis, Jane Musgrove and the objector David Hartnell were in attendance.
(a) Application before the Sub-Committee
The Licensing Compliance Officer, H Ibrahim, informed the Sub-Committee that an application for a new Premises Licence had been received fromTD&H Restaurants Ltd for a new premises licence at 155 High Road, Loughton, Essex, IG10 4LF. The application was for a new pizza restaurant, the applicant was applying for the following licensable activities:
Live Music (indoors)
Monday to Saturday 11:00-00:00
Sunday 11:00-23:00
Season variations to include Christmas Eve, Christmas Day, Boxing Day, New Year’s Day and the day preceding any bank holidays timings 11:00-00:30 and New Year’s Eve 11:00-02:00
Provision of recorded music (both indoors and outdoors)
Monday to Saturday 11:00-00:00
Sunday 11:00-23:00
Season variations to include Christmas Eve, Christmas Day, Boxing Day, New Year’s Day and the day preceding any bank holidays timings 11:00-00:30 and New Year’s Eve 11:00-02:00
Late Night Refreshments (both indoors and outdoors)
Sunday to Wednesday 23:00-00:00
Thursday-Saturday 23:00-00:30
Season variations to include Christmas Eve, Christmas Day, Boxing Day, New Year’s Day and the day preceding any bank holidays timings 11:00-01:00 and New Year’s Eve 11:00-02:30
Supply of Alcohol (both on and off the premises)
Sunday to Wednesday 11:00-00:00
Thursday to Saturday 11:00-00:30
Season variations to include Christmas Eve, Christmas Day, Boxing Day, New Year’s Day and the day preceding any bank holidays timings 11:00-01:00 and New Year’s Eve 11:00-02:30
Premises be open to the public
Monday to Saturday 11:00-01:00
Sunday 11:00-00:00
Season variations to include Christmas Eve, Christmas Day, Boxing Day, New Year’s Day and the day preceding any bank holidays timings 11:00-01:30 and New Year’s Eve 11:00-03:00
The application was received by the Licensing Authority on the 18 November 2020. The premises licence application and the operating schedule set out the conditions which would be attached to the licence, if this application was to be granted.
All Responsible Authorities had been notified and it had been properly advertised at the premises and in a local newspaper, all residences and businesses within a 150 metre radius of the premises were individually consulted.
The authority had received five representations from Loughton Town Council, Connaught Avenue Essex Ltd and local residents, The objections related to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Responses had been received from the Police and the Environment and Noise Enforcement Team that detailed the agreed conditions to be added to the license, if this was granted.
(b) Presentation of the Application
Mr Norton outlined his and his team’s experience and the effective operation of their local licensed restaurants. He advised the Sub-Committee that this application was for a high quality, respectable family-based pizza restaurant. The takeaway, outside seating and music were essential for the viability of the business.
(c) Questions for the Applicant from the Sub-Committee
The Sub-Committee sought clarity through a variety of questions on the premises and the operation of the restaurant. Mr Newton advised that the restaurant would only sell pizza and alcohol would be served with food. There would be 35 covers in the restaurant and 10 outside covers. The outside seating area was on a slip road pavement which was owned by the applicant, there would be tables with umbrellas and possibly heating. Mr Newton detailed that the restaurant business had changed, especially since COVID, and customers needed to be spread across earlier and later hours. He stated that there was no intention or desire to turn the premises into a late night bar or nightclub. He did state that he needed customers to be able to order a drink with their food, as customers would not always eat if they could not order a drink.
The Sub-Committee asked for further details of the outdoor music, Mr Newton advised that this would be background music and an attempt to bring the inside atmosphere outside, the noise levels would be ambient.
The Sub-Committee asked for clarity on the opening Hours, H Ibrahim advised that on the application the opening times included the outside areas. The Sub-Committee asked for justification of the hours and special variations in hours Mr Newton advised that he did need extended hours to ensure the business was viable. The Sub-Committee asked if Mr Newton was prepared to negotiate the hours, Mr Newton advised that he was.
(d) Questions for the Applicant from the Objector
Mr Hammond advised his questions, in the main, had been addressed.
(e) Presentation from the Objector
Mr Hammond detailed that his objection related to the time of closure, and the late time that food and alcohol would be served. He stated that this would be detrimental to local residents and was concerned that this would become a bar. He also suggested that serving alcohol outside or off the premises could mean anything.
(f) Questions for the Objector from the Sub-Committee
The Sub-Committee had no questions for the objector.
(g) Questions for the Objector from the Applicant
Mr Newton addressed Mr Hammond’s objections and detailed that similar concerns had been raised by local residents when he opened his last restaurant two and half years ago. He highlighted that none of the concerns had materialised and there had been no complaints since it opened. He advised that this was how they wanted to operate this restaurant and that they did not want to create any issues for the community but to add to the local community. He suggested that the works completed had already enhanced the area.
(h) Closing Statement from the Applicant
Mr Newton stated that the licence needed to be fair to the residents and to his business, and that this was important as the residents were his customers. Mr Filaitis suggested that the business did not want to be disadvantaged by any restriction to operating hours.
(k) Consideration of the Application by the Sub-Committee
The Chairman advised that the Sub-Committee proceed into private session to consider the application. 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 Gods Own Pizza, 155 High Road, Loughton, Essex, IG10 4LF be granted subject to:
(1) the conditions as submitted by the applicant on 18 November 2020,
(2) the conditions imposed by the licensing committee on the 5 January 2021 that related to:
The supply of alcohol
Sunday to Wednesday 11am to Midnight
Thursday to Saturday 11am to Midnight
The supply of late-night refreshments
Sunday to Wednesday 11pm to Midnight
Thursday to Saturday 11pm to Midnight.
All seasonal variations to be in accordance with the times stated below
The supply of alcohol
Christmas Eve 11am to 1am
Christmas Day 11am to 1am
Boxing Day 11am to 1am
New Year’s Eve 11am to 1am
New Year’s Day 11am to 1am
Day preceding Bank Holidays 11am to midnight.
(3) the mandatory conditions contained in Section 19-21 of the Licensing Act 2003.
Which the Sub-Committee considered were reasonable and proportionate and would not undermine the licensing objectives.
The applicants and objectors were reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.
Supporting documents:
- 02 - Panel report for new premises-Gods Own Pizza, item 87. PDF 354 KB
- 02a - Gods own pizza Scanned File_Redacted (002), item 87. PDF 4 MB