Agenda item

To determine the application for a variation of an existing Premises Licence under the Licensing Act 2003.

The three councillors that presided over this application were Councillors L Mead (Chairman), I Hadley and T Matthews. In attendance for the application were Mr S Desor (Applicant’s solicitor), Mr N Iyapah (Director), Ms M Purvis (Owner) and Mr B Cronin (Group Executive Head Chef). Mr S Richardson, a resident who had objected, was also in attendance accompanied by Mr G Richardson.

The Licensing Team Manager, D King, introduced the application to vary the premises licence of The Standard, 126 High Road, Loughton IG10 4BE by adding / removing conditions. The Licensing Sub-Committee was advised this had included consultation with Essex Police and the Council’s Environmental Health Community Resilience Team. The Applicant had agreed to conditions with Essex Police and a Noise Management Plan with the Council’s Community Resilience Team as detailed in the agenda.

The Sub-Committee was advised that following circulation of the Noise Management Plan and additional documents to residents on behalf of the Applicant, Ms Cilvert and Mr Carroll had withdrawn their representations. Although Ms Cilvert’s representation had been removed and was not published in the agenda, Mr Carroll’s had not, therefore, the representation and comments included within must be disregarded by the Sub-Committee.

The Sub-Committee was also advised that the Council’s Community Resilience Team had agreed a revision with the Applicant to amend Condition 5 set out in the agenda under the Prevention of Public Nuisance to read, “Only incidental / background music shall be played on the terraced area (roof garden) and this is to cease at 23:00 hours”.  A copy of the agreed condition was also attached to the report.

The Applicant’s Solicitor made their representation and was questioned by the Members of the Sub-Committee and the Objector, Mr S Richardson.

The Objector made a short statement, but the Sub-Committee did not have any questions. The Applicant’s Solicitor clarified The Standard’s trading hours permitted under the licence.

The Applicant’s Solicitor and the Objector made closing statements.

In line with procedure, the Sub-Committee went into private session with the Council’s Legal Manager / Solicitor and the Democratic Services Officer. Everyone else left the Council Chamber with the Licensing Team Manager.

The Sub-Committee reconvened in public session to give its decision that it had considered an application for a variation of the premises licence at The Standard, 126 High Road, Loughton IG10 4BE in accordance with the details set out in the agenda and supplementary agenda.

The representations in support of and against the variation relating to the prevention of crime and disorder and the prevention of public nuisance were also considered and taken into account. The Licensing Sub-Committee had also considered and taken into account the four licencing objectives, the Council’s Licensing Policy and the Secretary of State’s Guidance. During its deliberations in private session no issue of law or policy arose, so the Sub-Committee was not required to call on its advisory officers for advice. The Sub-Committee had noted all the submissions and representations, both oral and written made in relation to this application.

            RESOLVED:

That the decision of this Licensing Sub-Committee was that the application to vary the premises licence in respect of The Standard, 126 High Road, Loughton IG10 4BE be granted as set out in the application; however, with regard to the roof terrace as discussed during the hearing, last orders were to be made by 9.00pm with closure of the area by 10.00pm.

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