Agenda item

To consider an application for a new Premises Licence under the Licensing Act 2003, Crooked Billet, Middle Street, Nazeing, EN9 2LD.

 

The three Councillors that presided over this application were Councillors R Morgan (Chairman), S Heather and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.

 

In attendance for Essex Police was Kelsey Dott.

 

In attendance on behalf of the application was Raymond Bell. the Applicant, Andy Newman, Consultant, Kerry Feelan, DPS. There were also supporters present Duncan Kenworthy, Leslie Burrows, Michael Cooper-Bland, Peter Sandel and Councillor Rhonda Pugsley representing Councillor Richard Bassett.

 

In attendance objecting to the application was Jeff Power, Cheryl Power, Ann Allan, Alex Kiriakou, Katherine Picknell, Claire Chivers and Susan May speaking on behalf of Senara Hussain, Kerry May, Nellie Patterson and Russell May.

 

The Chairman then 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

 

An application was made by White Bear Taverns Limited for a new premises licence in respect of the Crooked Billet, Middle Street, Nazeing, Essex EN9 2LD. The previous licence had lapsed owing to the death of the licence holder and an application to transfer the licence was not utilised in time, hence this new application. The application was for the following licensing activities:

 

·     The performance of live music to take place indoors & outdoors:

Friday to Saturday 23:00 to 23:59

 

·     The playing of recorded music to take place indoors & outdoors:

Monday to Thursday 23:00 to 23:59

Friday to Saturday 23:00 to 00:30

Sunday 23:00 to 23:30

 

·     The provision of late-night refreshment to take place indoors & outdoors:

Monday to Thursday 23:00 to 23:59

Friday to Saturday 23:00 to 1:00

Sunday 23:00 to 23:59

 

·     The supply of alcohol for consumption both on and off the premises: 

Monday to Thursday 11:00 to 23:59

Friday to Saturday 11:00 to 01:00

Sunday 12:00 to 23:59

 

·     The opening hours being:

Monday to Thursday 11:00 to 00:30

Friday to Saturday 11:00 to 01:30

Sunday 12:00 to 00:30

 

·     An additional hour Friday, Saturday, Sunday and Monday of every bank holiday, Christmas eve and boxing day.

 

During the consultation period Essex Police proposed some additional conditions (see exhibit) and the following operational changes which were agreed by the applicant:

 

·     Outside area to close by 23:30

·     Licensable activities will cease at 23:00 on Sundays

·     The pub will close at 00:00 on Sundays

·     Outside music (live/recorded) will cease at 23:00

·     Except when being used for entry or egress by a patron, all external windows and doors shall be kept shut at all times when music was being played.

 

Anonymised versions of representations received from residents were shared with the applicant. In response to the concerns raised within those representations, the applicant informed us of his willingness to work with residents to address those concerns.

 

In the hope to achieve an amicable resolution, the applicant subsequently offered the following changes, in addition to those agreed with Essex Police:

 

·     The pub will close at 00:30 on Fridays and Saturdays

 

Whilst some representations were withdrawn following the changes, some remained.

 

Please note that as per the Live Music Act no licence was required for:

 

Amplified live or recorded music - in licensed premises where alcohol was supplied, for audiences up to 500 between the hours of 08:00 and 23:00 hours. This includes beer gardens and terraces.  Or:

Unamplified live music anywhere and with no audience limited between the hours of 08:00 and 23:00 hours.

 

On the 29 July 2022, the applicant now sought a licence for the following licensable activities after agreeing conditions with Essex Police:

 

·     The performance of live and recorded music to take place indoors

Monday to Thursday 23:00 to 00:00

Friday to Saturday 23:00 to 00:30

 

·     The provision of late-night refreshment to take place indoors

Monday to Thursday 23:00 to 00:00

Friday to Saturday 23:00 to 00:30

 

·     The provision of late-night refreshment to take place outdoors

Monday to Saturday 23.00 to 23:30

 

·     The supply of alcohol for consumption both on and off the premises

Monday to Thursday 11:00 to 00:00

Friday to Saturday 11:00 to 00:30

Sunday 12:00 to 23:00

 

·     The opening hours being:

Monday to Thursday 11:00 to 00:30

Friday to Saturday 11:00 to 01:00

Sunday 12:00 to 23:30

 

·     An additional hour Friday, Saturday, Sunday and Monday of every bank holiday, Christmas Eve and Boxing Day.

 

The application was received on the 16 June 2022. The Operating Schedule set out conditions that 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. The public notice and newspaper advert were attached in the agenda report. All residences and businesses within 150 meters radius of the premises were individually consulted.

 

The authority had received nine representations of objection from residents, one objection from the Council’s Communities Resilience Department and 140 emails of support. The objections related to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

After the Applicant had agreed conditions with Essex Police one resident and the Council’s Communities Resilience Department withdrew their objections.

 

(b)        Presentation of the Applicant’s Case

 

Mr A Newman advised that the Crooked Billet had been in existence in that location since 1830 and for the last 30 years it had been under the stewardship of Brian Murphy who sadly passed away. The Applicant had been running public houses for 20 years and before that he was a chartered accountant. The applicant has never had any of the public houses he has been involved with been brought to a review. When Mr Murphy passed away the licence lapsed. For the previous three year the applicants had helped Mr Murphy run his public house as he had failing health.

 

Out of the ten responsible authorities only the Police and the Council’s Community Resilience Department had concerns and they were happy with the conditions that we have agreed with them.

 

The Crooked Billet was a local Public House situated in Nazeing; it was one of two local pubs the other being the King Harold which now trades as a restaurant, therefore leaving the Crooked Billet as the only local community pub. We have much support for the Crooked Billet gaining its licence from a District Councillor, ex-policeman and 140 emails in support of this application being granted who all agree that it was a well run welcoming pub.

 

Mr Newman stated that he had offered his personal details to any resident that had any concerns to try and allay their fears. He had spoken to some who had withdrawn their representations, but he could not allay the fears of one objector, Claire Chivers, who was here today to object to the application.

 

To sum up Mr Newman stated that the Crooked Billet was a vital community hub and would be run in the same way as Mr Murphy ran it. We therefore would respectfully ask that this licence be granted.

 

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

 

The Sub-Committee stated that there were various conditions raised as part of this process and one of the main issues was noise emanating from the premises and the affect that it had on local residents? They noted the conditions which had been agreed with the Council’s Community Resilience Department and asked how the noise limiter would work. Mr Newman advised that for any live or recorded music that would have to be routed through the noise limiter and the Council’s Community Resilience team would set the decibel reading to a reasonable degree. He went on to state that any breach of any condition was an offence and could result in an unlimited fine or 6 months in prison, this was all about balance. The noise limiter would be situated behind the bar so that customers would be able to access or tamper with.

 

The Sub-Committee sought clarification regarding live music and asked if live music was only limited to indoors? The Licensing Manager advised that under the Live Music Act, if the licence were to be granted and the premises had an on licence to sell alcohol on the premises, they would automatically have an entitlement to play live and recorded music in the outdoor area until 23:00 hours.

 

The Sub-Committee asked who White Bear Taverns Limited were? Raymond Bell, the Applicant advised that it was a company that operated another Public House close to Nazeing called the White Bear and had the same directors, Mark Buckley and himself and was a very small limited company.

 

(d)        Support for the Application

 

Mr D Kenworthy stated that he was a retired Police Officer rising to the rank of Acting Chief Inspector and had been involved in many licensing activities and visits during his career. He advised that his postcode was the same as the pub and that gave an indication of how close he lived to the pub and had done so for 35 years. He personally knew one of the applicants, Mr Buckley for over 20 years and that Mr Buckley had helped the deceased publican Mr Murphy in the pub for the last few years, during his illness.

 

In his opinion if the Crooked Billet were to close permanently the crime and disorder in Nazeing will increase. Nazeing was one of the biggest villages in the district and the closure of the Crooked Billet would leave the village without a focal point for people to meet. Since the regulations around covid have ceased a lot of the younger people have been frequenting the pub and mingling with the older generation and there have been no issues.

 

The main objections to the Crooked Billet seem to be noise disturbances, when the Euros were on some covid regulations were still in place and although you could buy alcohol, you had to drink it outside.

 

Mr P Sandel stated that he was a retired Bank Manager and lived in Nazeing for 44 years he advised that he had used the Crooked Billet regularly. He had over the last 10-15 years gone to the organised quiz nights which were held on a Thursday night and thoroughly enjoyed those evenings. I have no objections to the reopening of the Crooked Billet and strongly support the application.

 

Councillor R Pugsley speaking on behalf of Councillor R Bassett who was currently away, read out his statement to the Sub-Committee. Councillor Basset lived approximately 150 yards from the Crooked Billet and had lived there for the last 20 years. He totally supported the application, it was a very old premises, a beautiful building and was the main focal point of the village and a community meeting place, there wasn’t another meeting place in the village. The licence wasn’t changing it was the same as it had always been, the circumstances and reason this has come to committee were unfortunate. He had spoken with the applicant and received assurance that the premises would be run as a community hub for the village very similar to how the pub has always been run.

 

He realised there were some objections and completely understood some of the residents fears with the noise levels and times of the music but with the conditions being put in place he felt this would not be a problem and he fully supported the application.

 

Mr L Burrows stated that he was a retired Police Officer rising to the rank of Acting Inspector and throughout his career he had been involved in numerous licensing enquiries and visits. He advised that he had lived in Nazeing since July 1986 and had regularly used the Crooked Billet over that period of time and he could personally see no reason of any incident which would prevent the applicant from obtaining a new licence. He stated that he fully supported the application.

 

(e)        Questions for the Applicant from the Objectors

 

Susan May asked for clarity that Mr Buckley had been assisting Mr Murphy over the last few years. Mr Newman stated that Mr Buckley had been assisting Mr Murphy, the deceased, along with the team before he tragically passed away

 

Catherine Picknall asked for a point of clarification that the supplementary evidence mentioned the music outside which said, “it was not to be audible past the boundaries of the premises when played outside” and asked if Mr Newman could advise how that would be managed because when music was played outside it naturally flowed over a boundary. Mr Newman advised that the licensees would demonstrate due diligence by checking around the perimeter as best they can and would take advice from the Council’s Environmental Protection Officers.

 

Catherine Picknall asked about environmental impacts where it had been stated that people walked to the pub, but what a lot of the local community have witnessed are cars parking on the pavements therefore what was the environmental impact for the pub being open for longer, had there been any study done on this as she did not see anything in the evidence. Therefore, what measures have been brought in to help the environmental impact? The Council’s Legal Officer advised that this question was not part of the licensing act and there need not be answered. Mr Newman stated that he was happy to answer and stated that there was a car park that should address those concerns and passed this question over to Mr D Kenworthy to answer. Mr Kenworthy asked the objector if she was referring to an incident that happened 6/7 weeks ago and stated that it did happen on that occasion but that it was a very rare occurrence of cars parking on the street when the pub was open. He did advise that 6/7 weeks ago the pub held a MacMillan Cancer Fundraiser and that was the only occasion that he could recall when cars were parked on the street.

 

Mr A Kiriakou stated that he lived very close to the Crooked Billet, his garden was approximately 10 metres from the gazebo, at the back of the beer garden, that had recently been installed and the PA sound system was in the gazebo. He asked how many public houses did the applicant own and did they own the Sultan pub in Waltham Abbey? Mr Bell advised they he did run the Sultan pub and that he lived on the premises he also owned the Hertford Bell which was in Hertford town centre and also a pub in Chingford called the Dove.

 

Mr A Kiriakou asked why all the pubs owned by Mr Bell, in busier areas but were open for shorter times, so why open the Crooked Billet, in a much quieter area for longer? Mr Bell advised that his other public houses were open for longer hours and since the times had been amended the Crooked Billet would now be open shorter hours than the other premises. He also stated that if the applicants and the residents did not work together then there would be no community pub.

 

(e)        Presentation of the Objectors

 

Susan May advised that she had taken the opportunity to read the emails in support of the Crooked Billet and stated that it was never the intention of the people challenging the licence to get the pub closed down, we agree it has been the hub of the community and many of the residents have memories of spending time in the pub with family and friends. Many have also enjoyed the quiz nights, the darts team and other events which are put on by the pub. It has also been stated that many of the older population of Nazeing use the pub as a place to meet old and new friends and she was sure that closing the Crooked Billet would be a loss to the residents of the local care home who are able to walk to the historic village pub. The main points raised in the email related to how the Crooked Billet was run by Mr Murphy, the previous landlord. The Concerns of the residents that she was speaking on behalf of was solely concerning the music being played in the small garden which was something that had not happened in many years.

 

The previous landlord only played music inside the pub and at 11pm it was switched off and all doors and windows were shut apart from entry and exit. Our objections are for the music being played outside in the garden area until 11pm because there are no doors and windows that you can shut therefore the outdoor sound will carry outside of the boundary of the pub.  

 

The recent events at the Crooked Billet, playing live music in the garden area have caused a public nuisance to the residents living in the area with the outside music and noise emanating from those events late into the evening, it was an interference with people’s enjoyment of their own homes.

 

Therefore, I respectfully request that the music in the outdoor area be at a respectful level as not to intrude into the resident’s homes that live near the Crooked Billet and ask if Mr Bell would give a formal statement today and put it in writing to the residents that he will uphold this request.

 

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

 

The Sub-Committee had no questions for the Objectors.

 

(g)        Questions for the Objectors from the Applicant

 

The Applicant had no questions for the Objectors.

 

(h)        Closing Statement from the Objectors

 

The Objectors had nothing further to add.

 

(i)         Closing Statement from the Applicant

 

Mr Newman stated that the control measures have been put into place and he believed that there was no evidence to support this licence application from being granted.

 

(j)         Consideration of the Application by the Sub-Committee

 

The Chairman advised that the Sub-Committee would now leave the Chamber and go into private session to consider the application.

 

The Licensing Sub-Committee considered that the application satisfied the necessary requirements in order to be considered, as it was on the prescribed form, it had been advertised and the relevant notifications given.

 

During its deliberations in private session the Sub-Committee received no further advice from the officers present.

 

            RESOLVED:

 

That the application for a premises licence for the Crooked Billet, Middle Street, Nazeing, EN9 2LD be granted subject to the following conditions which were considered reasonable and proportionate for the promotion of the licensing objectives:

 

·       Live and Recorded Music inside:

From 23:00 to 00:00 Monday to Thursday

From 23:00 to 00:30 Friday & Saturday.

 

·       Live and Recorded Music to cease at 23:00 outside Monday to Sunday.

 

·       Late Night Refreshment inside:

From 23:00 to 00:00 Monday to Thursday

From 23:00 to 00:30 Friday & Saturday.

 

·       Supply of Alcohol:

From 11:00 to 00:00 Monday to Thursday

From 11:00 to 00:30 Friday & Saturday

From 12:00 to 23:00 Sunday.

 

·       Premises opening hours:

From 11:00 to 00:30 Monday – Thursday

From 11:00 to 01:00 Friday & Saturday

From 12:00 to 23:30 Sunday.

        

·       An additional hour Friday, Saturday, Sunday and Monday of every bank holiday, Christmas Eve and Boxing Day. Closing time 30 minutes after seasonal variation ends.

 

·       The conditions as submitted by the applicant within their application,

 

·       The representations agreed with the Environmental Enforcement Officer relating to music outside and the fitting of a noise limiter under the heading of Prevention of Public Nuisance, as mentioned on page 119 to 120 of the  Agenda in so far as they add to or supersede the applicant’s conditions,

 

·       Bullet points 1, 2, 4, 5, 6 and 7 of the representations of Essex Police under the heading of the protection of children from harm, the prevention of public nuisance and the prevention of crime and disorder on page 100 of the agenda in so far as they add to or supersede the applicant’s conditions, and

 

·       That in consideration of the condition for the prevention of public nuisance:

contact numbers of the Licence Holder and DPS are to be provided to the residents if requested, which we consider are reasonable and proportionate and will not undermine the licensing objectives.

 

·       We also believe that our decision takes account of the licensing objectives relating to public nuisance.

 

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