To consider the attached report.
The three Councillors that presided over this application were Councillors R Morgan (Chairman), I Hadley and A Lion.
The Chairman welcomed Xen Andreou the applicant’s agent. The Chairman introduced the Members and officers present and outlined the procedure that would be followed for the determination of the application.
(a) Application before the Sub-Committee
The Licensing Compliance Officer, H Gould informed the Sub-Committee that an application had been made by Teejay Asciak of Hungry Hampers Ltd. for a new premises licence at The Farmhouse Essex, Netherhouse Farm, Sewardstone Road, Waltham Abbey E4 7RJ.
The application of this Premises Licence seeks to carry on the following activities:
On and off sales of alcohol
Sunday – Thursday 09:00 – 23:00 and
Friday – Saturday 09:00 – 00:00
Sunday – Thursday 09:00 – 23:00 and
Friday – Saturday 09:00 – 00:00
The previous licence at the premises had lapsed as the premises licence holding company, known as Farmfood Events Limited, entered liquidation on 18th February 2020; and the permitted time allowed under the Licensing Act 2003 to transfer the licence or apply for an interim authority had passed. Teejay Asciak was also the director of the previous licence holder company.
The application was received on the 6th May 2021.
(b) Presentation of the Application
Mr Andreou noted that they just released a revised plan of the application site which the Sub-Committee had recently received which set out the area the premises licence was to cover.
He commented that a lot of the objections received had been addressed by the added conditions suggested by the Essex Police Licensing Officer and the Council’s Environmental Enforcement Officer. He noted that they had agreed to comply with the suggested conditions by the Essex Police Licensing Officer, and that a challenge 25 scheme be put in operation and that the records of any takeaway orders would be made available to the Police or the Council’s officers if required; although there may be some difficulties with ‘Just East’ and ‘Urber Eats’. Deliveries would be only to residential addresses given.
As for the conditions asked for by the Environmental Enforcement Officer, they had also agreed to them as set out. That is, all external windows and doors to be kept closed, other than for access or egress. Amplified sound shall not be audible at the boundary of the any noise sensitive premises. An appropriate noise control device to be used; no speakers shall be permitted outside the building and clear and prominent notices to be displayed asking customers to respect the needs of local residents.
These were mirroring the previous licence requirements. They wished to keep their neighbours happy in order to not have any complaints made to the authority.
As for the complaints raised by the current landlord, please treat this with caution as there was currently a dispute between the tenant and landlord.
This was a family business in a pleasant location for family parties and family gatherings, which was why they had asked to extend their hours over the weekend.
(c) Questions for the Applicant from the Sub-Committee
A Sub-committee member questioned the lack of an application for music. They were told that music, in this case, was incidental to alcohol sales and thus did not need to be on the application.
The Sub-committee member then asked how the music would be managed. He was told that it was incidental to the sale of alcohol and it was complementary. It would not overpower the event being held. This was for families and they would ensure it was not amplified beyond the boundaries, also a noise limiter would be used.
The applicant’s agent was questioned about the area outside unit 9 where he confirmed the access points and the usable area outside there. He also confirmed that the doors would be closed so that no extraneous noise leaked out.
It was also noted that the outside dinning area was not shown. The applicant’s agent said that it would be situated outside the café and not outside unit 9. Alcohol to be provided inside the café only.
Asked how long the previous premises had been there the applicants agent said since October 2017, where they had some outside seating areas. The current outside seating areas were not marked on the plan and for this he apologised, it should have been more specific. These would be fixed tables and there would be no music.
Noting that unit 9 would be a function room the agent was asked how many people it could take, and would it be used for wedding receptions. He confirmed that it was for a maximum of 30 people and it could be used for small scale receptions. This was the same as the previous licence.
The Sub-committee voiced concern over nearby properties in that area as there were no natural noise barriers such as trees there and asked what sort of mitigation they had in place for the noise. The applicant’s agent noted that the front boundary had a large tree and after that a main road which put some distance between them and the local residents. They would also have door management to keep the noise down and they would also have signs in place asking patrons to keep the noise down to a reasonable standard.
(d) Closing Statement from the Applicant
There was no additional statement from the applicant.
(e) Consideration of the Application by the Sub-Committee
The Chairman advised that the Sub-Committee would go 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.
The decision of the sub-committee was that the application for a premises licence in respect of: Hungry Hampers Ltd, The Farmhouse, Netherhouse Farm, Sewardstone Road, Waltham Abbey E4 7RJ be granted subject to the following conditions which were considered to be reasonable and proportionate for the promotion of the licensing objectives. And
1. The conditions consistent with the Operating Schedule as modified by the conditions which have previously been agreed between the applicant, Essex Police and the Environmental Enforcement Officer of EFDC referenced at pages 76, 77 and 78 of the licensing agenda, namely:
a) All take away orders to be made to the business online or in person;
b) Records of orders to be produced to Police or Council officers if required;
c) Age verification process at point of purchase;
d) Alcohol will not be delivered to any person other than at a residential or business address. It will not be delivered to persons in the vicinity or in a park, street or similar location;
e) At the point of delivery there must be age verification process in place (Challenge 25). To include any third party delivery services used;
f) A Challenge 25 scheme shall be operated;
g) All external windows and doors at the premises must be kept closed, other than for access and egress, whilst events involving amplified sounds are taking place;
h) Amplified sound from the licence’s premises shall not be clearly audible at the boundary of any noise sensitive premises, so as to cause a nuisance;
i) An appropriate automatic noise control device must be used in any area in which regulated entertainment is occurring (i.e. music supplied for dancing/entertainment and not simply background music to create ambience), in agreement with the Local Licensing Authority. The device should be set so that the volume of any amplified sound emanating from the premises does not cause a public nuisance;
j) No speakers shall be permitted outside the building;
k) Clear and prominent notices shall be displayed within the car park requesting customers to respect the needs of the local residents and leave the premises and area quietly.
2. The mandatory conditions contained in Sections 19 -21 of the Licensing Act 2003.
3. In addition, the following conditions:
For the prevention public nuisance:
· The sale of alcohol on and off the premises Monday to Saturday 0900 to 23.00 and
· Sunday 0900 to 22.30
· To avoid public nuisance to residents living within the vicinity of the premises.
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.