Agenda item

To consider the attached application to vary an existing premises Licence for The Merry Fiddlers, 4 Fiddlers Hamlet, Epping, Essex, CM16 7PY.

The three councillors that presided over this application were Councillors M Sartin (Chairman), P Keska and I Hadley.

The Chairman welcomed Karen Cochrane, the applicant’s solicitor, Mr Thomas James, the applicant. Councillor N Avey was present objecting on behalf of Epping Town Council. 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 application wasfor a variation to the existing premises licence for The Merry Fiddlers, 4 Fiddlers Hamlet, Epping, Essex, CM16 7PY.

The Licensing Compliance Officer introduced the application for the following licensing activities:

1.            To add Films Monday to Sunday 12.00 – 23.00

2.            To add Late Night Refreshment Monday to Saturday 23.00 – 00.30am

3.            To amend opening times to Monday 07.00 – 00.30am, Tuesday to Saturday 08.00 – 00.30, Sunday 08.00 – 23.00

It was noted that the most up to date copy of the premises licence had not been attached to the agenda. The correct version of the variation application had been circulated via email to members and attendees of the Sub-Committee before the meeting.

The application was received on 22 October 2021. The Responsible Authorities had  received a copy of the application, it was also advertised at the premises and in a local newspaper, a copy of the newspaper advert.

The Licensing Authority received one representation from Epping Town Council which  related to the Prevention of Public Nuisance. No other representations were received.

(b)          Presentation of the Applicant’s Case

The applicant’s solicitor informed the Sub-Committee that the variation only requested the addition of films and late night refreshments to the current licence. The licensing hours and opening times of the premises remained the same.

The variation would allow the applicant flexibility required for showing films outdoors in England and the possibility of cancellations and reorganisation being made at the last minute due to the weather. The applicant had run two successful events under TENS, although one had been cut short due to the weather, so it was for this reason he wished to add this to his licence. There was also a need to encourage more trade throughout the week, when the premises was less busy. No objections had been received from neighbours and he had been in regular contact with them, to ensure that the premises was not causing any disturbances.  The solicitor concluded that the applicant had only requested changes to the provision of films and late night refreshments to enable the premises to serve hot drinks within their already permitted opening hours.

The Legal Officer advised that the hours referred to in the agenda (Section L) would be amended inline with the most recent application of the premises on 12 December 2018, namely Opening Hours Monday to Saturday 07:00 – 00:30 and Sunday 08:00 – 23:00.

(c)          Questions for the Applicant from the Sub-Committee

The Sub-Committee asked the following questions:

·         What late night refreshments would be served? The solicitor advised that the late night refreshment was needed for patrons wishing to purchase hot drinks.

·         What were the parking facilities, and would it be used as a drive in cinema? The applicant advised that the pub had 50-60 car parks spaces and it would not be a drive in cinema.  The films were to be held in the rear field of the premises and typically at times when the premises was quieter, which was normally in the week. Customers would view the film in person in the garden and not in their cars.

·         Would films be shown within the premises? The applicant advised that no films would be shown within the premises. The red line that depicted the licensing area was around the whole of the premises i.e. the building and garden include the premises. It was noted that films in this case would only be shown outside in the garden area and not within the building. 

(d)          Questions for the Applicant from the Objector

The objector did not ask any questions.

(e)          Presentation of the Objector

Councillor N Avey informed the Sub-Committee that many of the Town Council concerns had been addressed by the information received from the applicant today. The Town Council had considered that the premises already had a generous premises licence and the concerns had been around the potential of an all week cinema operating in a small, rural hamlet. This would also potentially increase traffic, noise and cause highways issues. The Town Council still requested that the licence for films only be for Friday and Saturdays and late night refreshments served until 00:00 not until 00:30, which they believed was sensible in the context of the application.

(f)           Questions for the Objector from the Sub-Committee

There were no questions from the Sub-Committee.

(g)          Questions for the Objector from the Applicant

The solicitor queried why the Town Council thought the request for late night refreshments to be served until the same time as alcohol would present any problems. Councillor N Avey advised that the Town Council comments had been written before the evidence had been provided at this Sub-Committee meeting.  

(h)          Closing Statement from the Objector

That if the applicant applied for future variations, he may wish to speak to the Town Council beforehand to explain the proposals, to possible prevent objections.

(i)           Closing Statement from the Applicant

The solicitor advised that the applicant had consulted his neighbours and had no complaints for either of the previous TENs therefore there was no reason to reject the application. She advised that if there were any issues in the future, the Council had the option to be review the licence. 

(j)           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, that had been made in relation to the application and 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:

That the application to vary the premises licence in respect of THE MERRY FIDDLERS, 4 FIDDLERS HAMLET, EPPING, ESSEX, CM16 7PYbe granted  subject to the existing conditions on the licence with the variations as set out below:

·                     The provision of Films – Monday to Sunday -12:00 to 23:00.

·                     Late Night Refreshment – Monday to Saturday – 23:00 to 00:30am.

This  Licensing Sub-Committee had considered the application to vary the Premises Licence, the representation made, the existing conditions on the Premises Licence, it was of the opinion that the application would not have an adverse effect on the promotion of the 4 licensing objectives namely, prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm and that existing conditions would still uphold the 4 objectives.

The applicant was also reminded that if the conditions of the Licence were breached, the matter could be reviewed by the Licensing Sub–Committee and the premises licence could be looked at again.

The applicants had their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision and that the licence in general could be reviewed.