Agenda item

To consider the attached application to vary a Premises Licence in respect of New Breed Bottle Shop.

The three Councillors that presided over this application were Councillors M Sartin (Chairman), R Morgan and CP Pond.

The Chairman welcomed the applicants Mr N Datta and Mr M O’Kane, 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 Officer, H Ibrahim, introduced the application for a variation to the existing Premises Licence at New Breed Bottle Shop, 287 High Road, Loughton, Essex, IG10 1AH.

The application was for an extension of the hours for the sale of alcohol at the premises to:

Monday to Wednesday 12:00 - 22:00

Thursday to Saturday 12:00 - 00:00

Sunday 12:00 - 18:00 

The opening hours of the premises:

Monday to Wednesday 12:00 - 22:00

Thursday to Saturday 12:00 - 00:00

Sunday 12:00 -18:00

The application had been received on 1 April 2022, 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 and it was properly advertised at the premises and in a local newspaper.

The authority had received a representation from Loughton Town Council and from one local resident these related to the prevention of crime and disorder, and the prevention public nuisance. Essex Police Licensing had agreed a condition with the applicant.

(b)           Presentation of the Applicant’s Case

Mr O’Kane outlined the application, he described the businesses as the sales and tasting of craft been, fine spirits and natural wine. The hours of the current licence had meant requests for bespoke tasting events had to be turned down and that had become business critical. They had been granted several TENS but this variation and extension of hours was essential to maintain a successful business. The business has started during Covid lockdown, but now people were commuting there was a demand for a later finish. There were two outside tables were people could taste the drinks, these tables were taken in at 9:00pm. This was a specialist establishment, which was covered by CCTV and the employers and employees were experts in hospitality.

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

Members of the Sub-Committee asked for clarity on if the outside of the shop was part of the licence. They were advised that a pavement licence had been granted and that a licence would only be required for on- site sales. The pavement licence was valid until 30 Sept 2022. 

The Committee asked how many people could sit outside, if there was a smoking area, and if the applicant would be amenable to a condition that the outside should be cleared by 9pm. The applicant advised that there were 2 tables and 2 benches that seated up to 8 people, as this was an outside area if people did smoke they would be provided with an ashtray, and staff swept the area regularly. The applicant stated that they would be happy to ensure the area was cleared by 9pm.

The applicants confirmed that there was an on-line element to the business, if orders were received by 2:30pm they would be delivered the same day, or the next day if order was received after 2:30 pm, they personally delivered locally and used couriers.

The Sub -Committee asked if the bespoke events could be a ‘stag’ type of event , the applicant advised that this was a unique business in Loughton with good reviews, there had been no problems and there was no intention that the business would become a drunken, noisy place.

Mr G Oakley asked about the TENS, the Licensing Officer confirmed there had been a number TENS to 11pm or midnight and there had been no objections to these licences.

(d)        Questions for the Applicant from the Objectors to the Review

No objectors were present at the Sub-Committee meeting.

(e)            Presentation from the Objectors to the Review

No objectors present were at the Sub-Committee meeting.

(f)             Closing Statement from the Applicant

No closing Statement was made by the applicants.

(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 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 NEW BREED BOTTLE SHOP 287 HIGH ROAD LOUGHTON ESSEX be grantedsubject to

The existing conditions on the licence with the addition the following conditions:

1     Clear and legible notices must be prominently displayed at all exits requesting customers to respect local residents and leave the area quietly. These signs shall be a minimum size of 200mm x 148mm.

2     For the prevention of public nuisance any tables used outside the Premises shall be removed no later than 21.00 Monday to Saturday and 18.00 on Sundays

The applicant and persons who made relevant representations were reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.

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