To consider the attached application for a variation to the Premises Licence for Zagros Market, 8 Highbridge Street, Waltham Abbey EN9 1DG under the Licensing Act 2003.
The three Councillors that presided over this application were Councillors J M Whitehouse (Chairman), T Matthews and P Stalker. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.
In attendance for the application was the applicant Mr Suleyman Hayirli and two colleagues from Atlas Licensing as well as Mr Nigel Carter their agent.
There were no objectors present.
(a) Application before the Sub-Committee
An application was made by Atlas Licensing Limited on behalf of Suleyman Hayirli having applied to the Licensing office at Epping Forest District Council for a new Premises Licence in respect of Zagros Market, 8 Highbridge Street, Waltham Abbey, Essex, EN9 1DG (Grocery store)
The application was received on 15th November 2022 and seeks to supply alcohol during the following hours and for consumption OFF the premises:
Monday to Sunday 08:00 hours to 23:00 hours
The opening hours are the same.
All Responsible Authorities have received a copy of the application.
It was advertised at the premises and in the local newspaper. All residents and businesses within 150 metre radius were also informed by letter.
The authority had received 2 objections from local residents.
(b) Presentation of the Applicant’s case
The applicant’s Agent, Mr N Carter outlined the application. He noted that there had been no objections raised by the responsible authorities and only from two residents, both from the same address.
He noted that:
· A similar premises nearby and nearby off licences had longer hours and so did a local pub;
· This was a grocery/convenience store;
· All suggested conditions had been agreed;
· Although this premises will complete with the other premises referred it would not adversely affect the four licensing objectives, especially on public nuisance and crime and disorder;
· He had attempted to engage with the objectors, but they failed to respond to him.
(c) Questions for the Applicant from the Sub-Committee
The Sub-committee asked the applicant what he thought the most important thing was in managing the store. The applicant replied that he had been doing this for over 15 years and had gained a lot of experience. He would not sell alcohol to under age persons and those that were drunk already, he was aware of the consequences for doing these things.
(d) Closing Statement from the Applicant
The Applicant had nothing further to add.
(e) Consideration of the Application by the Sub-Committee
The Chairman advised that the Licensing Sub-Committee would go into private session to consider the application and left the Council Chamber.
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.
The Licensing Sub-Committee had taken into account the relevant written and oral representations, the four licensing objectives and the Council’s Licensing Policy and the Secretary of State’s guidance.
During its deliberations in private session the Sub-Committee received no further advice from the officers present.
That the application for a premises licence for Zagros Market, 8 Highbridge Street, Waltham Abbey, Essex EN9 1DG, be granted for the consumption of alcohol off premises Monday to Sunday between 08.00 and 23.00 with the opening hours for the same times subject to the following conditions which were considered reasonable and proportionate and in the public interest for the promotion of the licensing objectives.
1. The conditions which are consistent with the operating schedule submitted by the applicant within the agenda.
2. The premises shall clearly display signs at each point of sale and in areas where alcohol is displayed advising customers that a “challenge 25” policy is in force and all staff engaged in the sale of alcohol at the premises shall have received training in respect of this policy and how to recognise drunkenness and the duty not to serve drunken persons. Refresher training shall be carried out at least every six months.
3. The refusal records must be updated as soon as possible after any refusal of sale of alcohol and in any event within 4 hours of the refusal and the records must be made immediately available to the police, trading standards or licensing authority staff upon reasonable request. The records shall be retained for a minimum of 12 months from the date of the last entry.
4. All staff training records shall be retained at the premises and be available for inspection at any time in either electronic or paper format and be retained for a minimum period of twelve months.
5. Also attached would be 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 in the future at the Premise in connection with any of the four licensing objectives.