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Agenda item
Licensing Act 2003- Application for a Premises Licence for Barbarossa, 275 High Street, Epping, Essex, CM16 4DA
To consider an application for a new Premises Licence under the Licensing Act 2003.
Minutes:
The three Councillors that presided over this application were Councillors R Morgan (Chairman), M Sartin and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.
In attendance for the application was the applicant Gulcan Pelut and her agent Dilek Alagoz.
There were no objectors present.
(a) Application before the Sub-Committee
An application has been made by Gulcan Pelut, for a new premises licence at 275 High Street Epping Essex CM16 4DA.
The application is for the following licensing activities:
The Provision of Late Night Refreshment
Sunday to Thursday 23.00 – 23.30, Friday to Saturday 23.00 – 00.30
o The Sale by Retail of Alcohol
o Sunday to Thursday 11.30 – 23.00, Friday and Saturday 11.30 – 00.00am
o Alcohol for consumption with food only
The application was received and valid on the 20th January 2023
All Responsible Authorities had received a copy of the application, it had also been 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 has received 2 representations of objection 1 from a local business and 1 from a local resident. Subsequently the objection from the local business had been withdrawn.
Comments from the Planning department are included below, the applicant had subsequently agreed to the reduction of hours as per the restricted planning condition below:
It appears that this premises is subject to a planning condition restricting the hours of use between 08:00 to 22:00 M-F, 08:00 to 23:00 Sat and 08:00 to 21:00 Sun and BH
(cond 6 of EPF/1245/21), so they will need to apply to vary this condition if they want to open later.
The applicant had also agreed to the conditions set by Essex Police
(b) Presentation of the Applicant’s case
The applicant’s Agent, D Alagoz explained that they had not known about the Planning conditions but were happy to comply with them and have matched their hours with these conditions and have apprised the two objectors of their new hours applied for.
(c) Questions for the Applicant
In response to questions from the Sub-Committee the applicant responded:
· She had been in the industry for more than 25 years and knew what was needed in terms of training of staff etc.;
· She also has two other restaurants that she also manages;
· The restaurant has a back entrance, but they use the front doors as their fire exit as the back was too narrow;
· Their alcohol serving hours would be the same as the planning conditioned hours; and
· Alcohol to be served with food inside the restaurant only.
(d) Closing statements
The relevant officers and the applicant had nothing further to add.
(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.
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:
We consider that the application satisfies the necessary requirements in order to be considered as it is on the prescribed form, it has been advertised and relevant notifications given.
We are grateful to the parties for their presentations to us this morning.
We have taken these and the written material submitted to us into account. We have considered what is appropriate to promote the four licensing objectives and the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.
During our deliberations no issues of law or policy arose and so the Committee was not required to call on its advisory officers for advice.
The Committee noted all of the submissions and representations, both oral and written made in relation to this application.
The Committee is also aware that any conditions imposed must be appropriate, be capable of being enforceable and must not undermine the Licensing objectives and that each case must be determined on its own merits.
The decision of this sub-committee is that the application for a premises licence in respect of: Barbarossa, 275 High Street, Epping, Essex, CM16 4DA
Be granted for:
• the opening hours of Monday to Friday between 08:00 to 22:00, Saturday between 08:00 to 23:00 and Sunday and Bank Holidays 08:00 to 21:00, and as a result of the change in opening hours from those originally applied for there is no requirement for late night refreshment,
Subject to:
• the conditions consistent with the Operating Schedule as varied /modified by the above, and
• also, those conditions agreed with Essex Police set out in item 8 of the Agenda on page 20 of the Agenda in so far as they add to or supersede the applicant’s conditions,
which we consider are reasonable, proportionate and in the public interest for the promotion of the licensing objectives and will not undermine same.
We are also attaching the mandatory conditions in Sections 19-21 of the Licensing Act 2003.
The applicants and the persons who made the relevant representations 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 Premises in connection with any of the 4 licensing objectives, namely, the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Supporting documents: