To consider the attached report.
The three Councillors that presided over this application were Councillors J Jennings, I Hadley and R Morgan.
The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. In attendance was the applicant Mr Ritchie.
(a) Application before the Sub-Committee
The Licensing Officer, D Houghton, informed the Sub-Committee that an application had been made by John Ritchie, for a new premises licence for Pitch 1, North Weald Market, North Weald Airfield Merlin Way, North Weald Bassett, Epping, Essex, CM16 6HR
The application was for the licensable activity of sale by retail of alcohol off the premises only:
Saturday: 08:00 – 16:00
Bank Holiday Mondays: 08.00 – 16.00
Opening Times of the premises
Saturday 08.00 – 16.00
Bank Holiday Mondays 09.00 – 15.00
The application was received on 1 May 2021. 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, 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 one representation from North Weald Parish Council, the objections related to the protection of children from harm.
There was a response from Public Health, Essex Fire and Rescue, Essex Police, and Planning, none of which had any comments or representations to make.
(b) Presentation of the Application
The applicant detailed customers for his stall that sold basic groceries had requested that he sell wine and beer through the lockdown. There had been a number of Temporary Events Notices (TENS) in place and this application would formalise the position.
(c) Questions for the Applicant from the Sub-Committee
The Sub-Committee sought clarity on what alcohol would be sold, confirmation that the alcohol would not be drunk on site and sales would be to over 18 year olds, and the applicants view on the appropriateness of the site to sell alcohol.
Mr Rictchie advised that he would sell only wine and beer, there were no other stalls selling alcohol, the market had their own security that would ensure there was no drinking on the site. The Challenge 25 scheme would be in operation and additional posters advising items should not be opened and consumed on the marker could be displayed. He suggested that the location was a family based market and that it was unusual to see group of youths alone due to the location, so this was an appropriate place to sell alcohol.
(d) Questions for the Applicant from the Objector
No objectors were present at the meeting
(e) Presentation from the Objector
No objectors were present at the meeting
(f) Closing Statement from the Applicant
Mr Ritchie advised they were a responsible stall and they would not risk their reputation by offering under-age sales.
(g) Consideration of the Application by the Sub-Committee
The Chairman advised that the Sub-Committee would go into private deliberations to consider the application. During their deliberations the Sub-Committee received no further advice from the Legal Officer present. The Sub Committee noted all of the submissions and representations, both oral and written made in relation to this application and 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.
That the application for a premises licence in respect of I North Weald Market, Merlin Way, North Weald Essex CM16 6HR, be GRANTED subject to the following conditions:
1. the conditions and operating schedule as submitted by the applicant.
2. the additional condition to protect children from harm. Operate challenge 25 and display clear signage that purchases could not be consumed within the market.
3. the mandatory conditions contained in Sections 19 -21 of the Licensing Act 2003
which they considered were reasonable and proportionate and would not undermine the licensing objectives:
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.