Agenda item

To consider the attached application for a Street Trading Consent for El Cafecito Limited, Loughton Club, 8 Station Road, Loughton IG10 4NX under the Licensing Act 2003.

The three Councillors that presided over this application were Councillor J M Whitehouse (Chairman), Councillor T Matthews and Councillor D Stocker. The Chairman welcomed to the meeting Mr Christopher Davies, the applicant. The Chairman asked the members and officers present to introduce themselves and outlined the procedure that would be followed for the determination of the application.

(a)          Application before the Sub-Committee

On the 3 October 2022 an application to the Licensing Department had been made for a Street Trading Consent from Christopher Davies of El Cafecito Limited to trade at The Loughton Club, 8 Station Road, Loughton, Essex IG10 4NX.

The applicant sought to sell hot and cold drinks, pastries, baked goods and snacks from:

            Monday to Friday        07:00 – 16:00hrs;

            Saturday                      09:00 – 15:00hrs; and

            Sunday                        10:00 – 15:00hrs.

There was no requirement in the Local Government Miscellaneous Provisions Act 1982 to carry our any consultation, but the Licencing Authority notified Essex Police, Essex Fire and Rescue Services, Environmental Health, Community Resilience, Essex County Council Highways, Loughton Town Council and the District Council’s Ward Councillors. A public notice was also displayed at the site.

The Authority had received one representation of objection to this application from Loughton Town Council, on the grounds that the proposal would negatively impact on the amenity of the residents of the neighbouring properties due to the cooking odours emitted. They also raised concern for possible noise disturbance from the vehicle engine or generator and that the proposal would encourage litter in the surrounding area.

(b)        Presentation Of the Applicant’s Case

The Applicant, Christopher Davies outlined his application and addressed the concerns of Loughton Town Council’s objections. He advised that the vehicle was a static Citroen H Van which would be situated within the curtilage of The Loughton Club, the serving hatch would face inwards so that people would have to come into the car park for any purchases. There were no cooking facilities only an oven to heat up the baked goods therefore no flue or cooking odours would be emitted. The Loughton Club would supply the electricity and therefore there were no generators or running engines as the vehicle was static and would have to be towed. There would be strategically placed bins on the site and all rubbish would be cleared during and at the end of the day.

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

The Sub-Committee asked the applicant if he would be using environmentally sustainable packaging. Mr Davies advised that he had three permanent shops and advised that he was looking into using environmentally sustainable packaging, he used paper cups and had never used polystyrene.

The Sub-Committee stated that the previous owner had complaints regarding people standing and blocking the pavement and how would Mr Davies address this. Mr Davies advised that was because the serving hatch was up against the small wall and the serving hatch was facing the pavement and therefore people queuing to purchase were queuing on the pavement, his vehicle would be turned around and people would have to come into the car park to be served.

(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 now go into private session to consider the application and asked everyone, apart from the Sub-Committee Members and advisory officers, to leave 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.

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

RESOLVED:

That the decision of this sub-committee was that Consent would be granted for the sale of hot and cold drinks, pastries, baked good and snacks subject to the following conditions:

1.   This Authority’s Standard conditions as set out on pages 20 and 21 of the agenda.

2.   Trading hours:

(a)        Monday to Friday      07:00 – 16:00hrs;

(b)        Saturday                   09:00 – 15:00hrs; and

(c)        Sunday                      10:00 – 15:00hrs.

3.    A sufficient number of suitable receptacles with properly fitted covers shall be provided for the purpose of receiving rubbish from customers. The receptacles shall be maintained in a clean condition and emptied on a daily basis as a minimum when the hereby permitted use is operational. The receptacles shall be constructed, maintained and located so that access to them by vermin is prevented and arrangements shall be made for regular lawful disposal of their contents by a registered waste carrier.

4.   The public area immediately surrounding the premises shall be regularly cleared of waste food, food containers, wrapping etc, and left in a tidy state at the end of trading on each day. Such refuse shall be removed from the area and disposed of lawfully by a registered waste carrier.

5.   The van must be situated and operated from the car park of The Loughton Club.