Agenda item

To consider the attached application for a Premises Licence in respect of Aran’s Barbers, 38 High  Road, North Weald.

 

The three councillors that presided over this application were Councillors J Jennings (Chairman), L Mead and M Sartin.

 

The Chairman welcomed the applicant Enes Sanli and Susan De Luca representing North Weald Parish 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 Licensing Compliance Officer, D Houghton introduced the application for a new premises licence at Aran’s Barbers, 38 High Road, North Weald, Epping, Essex CM16 6BU.

 

The application was for the following licensing activities:

 

The Sale by Retail of Alcohol (for consumption on the premises only):

 

Monday to Sunday 12.00 – 19:00 hrs

 

Opening Hours of the Premises

 

Monday to Sunday 12:00 – 19:00 hrs

 

The application stated this was for on and off sales but this had since been changed to on sales only.

 

The application had been received on the 1 December 2021 and the Operating Schedule set out the conditions that would be attached to the licence, if the application were to be granted.

 

The responsible authorities had received a copy of the application. It had been advertised at the premises, in a local newspaper and all residences and businesses within 150 metre radius of the premises had been individually consulted.

 

The authority had received three representations of objection, one from North Weald Parish Council and two from local residents. The objections related to the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm. A response had also been received from Essex Police with recommendations, that had been agreed by the applicant.

 

(b)       Presentation of the Applicant’s Case

 

The Applicant Mr Enes Sanli advised that he was the owner of Aran’s Barber Shop and stated that he would like to apply for an alcohol licence for Aran’s Barbers for on sales only as he would like to be able to offer his customers a drink whilst they were waiting to have their hair cut.

 

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

 

Councillor M Sartin stated that the business seemed to be only operating between 12 noon and 7pm and asked if that was correct.

 

Mr Sanli advised that the barbers opened at 9am until 4.30pm but if they were busy it would stay open until 5pm.

 

Councillor Sartin replied that on the application the opening hours were from 12 noon to 7pm which doesn’t tie in to what you are saying therefore could you clarify the opening times of the barber shop.

 

Mr Sanli confirmed that the opening hours of the barber shop were 9am until 4.30pm and he employed an agency to apply on his behalf and they have made a mistake.

 

The Licensing Compliance Officer confirmed the application that was being determined was for the opening and licensing hours from 12 noon to 7pm.

 

Councillor Sartin stated on that basis was Mr Sanli looking for an alcohol licence to run from 9am to 4.30pm.

 

Mr Sanli confirmed that was correct.

 

Councillor L Mead asked on average how long was each customer at the barbers for.

 

Mr Sanli advised it depended on what treatment they would have but normally and hour for a haircut but if they were having the full service, haircut, shave and facemask this could take two hours.

 

Councillor J Jennings asked if food was served with the alcohol.

 

Mr Sanli replied that they did not serve food but served tea and coffee on the house and wanted to be able to sell cold drinks and bottled beer.

 

Councillor Sartin asked if Mr Sanli had any previous experience of running an establishment like this.

 

Mr Sanli replied not as a barber shop but that he owned a restaurant in Wickford, Essex which was licensed to sell alcohol so he was fully aware of the licensing regulations.

 

Councillor Mead asked how the barbers was set up, were there any tables and chairs.

 

Mr Sanli advised that there was a bench along the wall for people waiting to sit on and when they are having their treatment there are 4 barber chairs set out with one metre between them. There was nowhere in the Barber shop that they could stand around drinking it would be whilst they were seated.

 

Councillor Sartin asked which newspaper the application was published in.

 

Mr Sanli replied that he did not know as agents had applied on his behalf.

 

Councillor Sartin stated that she had googled this and could not find anywhere local where this had been advertised and asked the Licensing Compliance Officer if she could inform the Sub-Committee.

 

The Licensing Compliance Officer advised that as far as she was aware it was published in the Epping Guardian.

 

Councillor Sartin asked if Mr Sanli, as the personal licence holder, would be on the premises the whole time or whether another member of his barber staff hold a personal licence to be able to serve alcohol.

 

Mr Sanli advised that he was the only personal licence holder and would be on the premises at all times until another member of the barber’s will apply for his licence and then he will take over.

 

(d)       Questions for the Applicant from the Objectors

 

On behalf of North Weald Parish Council, Mrs S De Luca, Clerk and asked when people went in for a haircut would they get offered an alcoholic drink immediately, whilst they were having their hair cut or afterwards.

 

Mr Sanli advised that it would be before or during their haircut and not afterwards.

 

Mrs De Luca advised that many residents had contacted the Parish Council to advise they did not seen any newspaper advertisement and that the applicant had stated that he did not know the rules, although he had stated that he owned a restaurant.

 

Mr Sanli advised that he did know the rules around serving alcohol, he had been running a restaurant for three years and was a premises license holder. He wanted the barbers to stand out from other barbers and therefore would like to service his customers a bottle of beer whilst they were waiting or having their hair cut. He further stated that he was not aiming to turn the barbers into a drinking establishment it was purely another service he could offer to his customers.

 

(e)             Presentation from the Objector

 

Mrs S De Luca advised that she had already passed on the Parish Council’s objections to the Licensing Compliance Officer and asked if the Members had sight of them. She stated that the Parish Council was mainly concerned in the possible increase in anti-social behaviour if there was the sale of alcohol on the premises, but if it was only going to be sold to customers then that would be fine. She asked what guarantee was there and were there going to be any measures put in place that alcohol was only sold to customers and not sold to customers who were already intoxicated and also to be clear that there would be no off sales.

 

Advice

 

R Ferriera, Solicitor advised that representations, when made, had to be evidenced based and needed to be proved effectively that a particular venue would not meet the licensing objectives if it was granted. Representations cannot be based on a hunch or a suspicion that a risk may arise. If the licence was granted and the licensing conditions were breached then it could be brought back before another Licensing Sub-Committee to vary or have the licence revoked.

 

Kelsy Dott, representing Essex Police advised that the Police did not have any objections as conditions had been agreed with the applicant. The conditions were from the times as stated on the application from 12pm – 7pm but it would not make a massive difference if the Sub-Committee wanted to slightly alter the licensing hours.

 

(f)              Closing Statement from the Applicant

 

Mr Sanli stated that he would like his barbers to be different from other barbers and to make more revenue by selling alcohol to his customers.

 

(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 in private session the Sub-Committee received advice from the Legal Officer present:

 

(1)        That the Licensing Sub Committee could amend the opening times of the premises and the times for the selling of alcohol.

 

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 for a premises licence in respect of Aran’s Barbers, 38 High Road, North Weald, Epping, Essex CM16 6BU be granted subject to the following conditions:

 

1.           The conditions which are consistent with the Operating Schedule as varied by the conditions agreed with Essex Police on Pages 50 and 51 of the Agenda and those varied by this Licensing Sub-Committee which are:

 

(a)         Page 33 of the Operating Schedule – “J” – to be amended to “on sales only”;

 

(b)         The Opening Times of the Premises to be amended to read Monday to Sunday 09.00 am to 5.00 pm; and

 

(c)         The Sale of Retail of Alcohol to be amended to read Monday to Sunday 12:00 noon to 4.30 pm,

 

which the Licensing Sub-Committee considered were reasonable and proportionate, would not undermine the licensing objectives and struck a fair balance.

 

There was always the opportunity for a Licensing Sub-Committee at a later stage to vary or revoke a licence if any of the four licensing objectives were broken.

 

The applicants and the objectors are reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.