Agenda item

To consider the attached application for a new Premises Licence in respect of Kebabery, 112 High Street, Epping.

The three councillors that presided over this application were Councillors M Sartin (Chairman), S Heather and L Mead. Unfortunately, Councillor L Mead lost connectivity and left the meeting where indicated in the minutes below. Therefore, Councillor K Williamson, who had been present virtually since the beginning of the consideration of this item, took her place on this Panel.

The Chairman welcomed Mr E Gulem, the applicant, to the meeting. There were no objectors present. The Chairman introduced the Members and officers and outlined the procedure that would be followed for the determination of the application.

(a)          Application before the Sub-Committee

The application was for a new premises licence at Kebabery, 112 High Street, Epping CM16 4AF. The company that had held the previous licence had dissolved and therefore, the licence had lapsed. The Licensing Manager, D King, introduced the application, which was for the following licensing activities:

Sale by Retail of Alcohol

Monday to Sunday 12.00pm – 01.00am off the premises only

Late Night Refreshment

Monday to Sunday 23.00pm – 01.00am on and off the premises

Opening times of the premises

Monday to Sunday 12.00pm – 01.00am

The application had been received on 5 January 2022. The Operating Schedule set out conditions which would be attached to the licence if this application was granted. The Responsible Authorities had all received a copy of the application, it was also advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

The authority had received three representations of objection, one from Epping Town Council, one from a local business and one from a local resident. A response from Essex Police with recommendations had been agreed by the applicant and these conditions were attached to the agenda report. The objections related to the prevention of crime and disorder and the prevention of public nuisance.

(b)          Presentation of the Applicant’s case

Mr Gulem briefly explained that as the previous licence had been under a different business name, it had been revoked. This application had been submitted with the correct business details with the addition of off sales of alcohol. People coming into the premises would only be allowed to purchase alcohol along with food.

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

·       How long had the previous licence been held? The applicant replied about six years and there had not been any issues with the late hours.

·       When had the previous licence been revoked? The applicant replied about four months ago.

·       Were the hours the same as under the previous licence? The applicant replied, no, but he was applying to 01.00 on all days for flexibility.

·       A seasonal variation was being applied for between 23 December to 2 January but was this for two more hours? The applicant replied, yes, and he was applying for two extra hours, but the premises closed on Christmas Day and Boxing Day. It was just an option.

·       Were there any tables and chairs for people to use and eat at the premises? The applicant replied there were some customers who sat down but it was just for takeaways with plastic forks and canned drinks.

Councillor L Mead lost connectivity and left the meeting. As Councillor K Williamson had been present throughout the meeting, the Chairman, Councillor M Sartin, asked him to join the Panel, so the meeting could continue.

(d)          Closing statement from the Applicant

The applicant advised that the licence application was to allow the purchase of alcohol bought with food. The applicant offered to reduce the hours being applied for on Sundays to Thursdays to 00.00 (12 midnight), if this helped.

(e)          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 no issues of law or policy arose and so the Sub-Committee was not required to call on its advisory officers for advice. The Sub-Committee noted all of the submissions and representations, both oral and written, that had been made in relation to this 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 Kebabery, 112 High Street, Epping, Essex CM16 4AF, be granted subject to the following conditions:

Sunday to Thursday the Sale of Alcohol off the Premises shall be between 12.00pm until 12.00 midnight

Friday and Saturday the sale of Alcohol off the Premises shall be between 12.00pm until 01.00am

Sunday to Thursday Late Night Refreshment shall be between 12.00pm until 12.00 midnight

Friday and Saturday Late Night Refreshment shall be between 12.00pm until 01.00am

The Seasonal Variation shall only apply to Christmas Eve and New Year’s Eve from 12.00pm until 01.00am

There shall be no deliveries after the premises close on any day.

Alcohol shall only be sold ancillary to takeaway food orders and deliveries.

Also subject to:

1.         The conditions as submitted by the applicant within their application; and

2.         The conditions agreed with Essex Police as set out on pages 47 to 48 of the Agenda in so far as they add to or supersede the applicant’s conditions;

which the Sub-Committee considered were reasonable and proportionate and would not undermine the licensing objectives; and

3.         The mandatory conditions contained in Sections 19 - 21 of the Licensing Act 2003.

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 and of the Review mechanism under the Licensing Act 2003 because of any matters arising at the Premises in the future in connection with any of the four licensing objectives.