Agenda item

(Director of Neighbourhoods) To consider the attached report.

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr E Hazar, the Applicant and owner of the business; and Ms S Hazar, the Applicant’s Legal Agent. In attendance on behalf of Essex Police was Mr P Jones, the Licensing Officer for the Epping & Brentwood area. In attendance as Objectors to the application were: Mr L Emery; Ms D Emery; and District Councillor for the Waltham Abbey South West ward, Cllr H Kane. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

The Application before the Sub-Committee

The Licensing Enforcement Officer informed the Sub-Committee that an application to vary a Premises Licence had been received from Mr E Hazar in respect of Waltham Abbey Express at 1 Farm Hill Road, Waltham Abbey, along with representations from interested parties. The application had requested permission to extend the licensable hours for the sale of alcohol and the opening hours of the Premises to:

            (a)        9.00am to 1.00am on Mondays to Thursdays;

            (b)        9.00am to 2.00am on Fridays and Saturdays; and

            (c)        9.00am to 12.00am on Sundays.

The Licensing Enforcement Officer stated that a representation had been received from Essex Police, as a responsible authority, as well as eleven representations from interested parties. The representations related to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Presentation of the Applicant’s Case

The Applicant explained that Waltham Abbey Express was a convenience store which he had operated for the past six years. The Premises would be subject to an upward rent review later in the year, and hence this application to extend the hours for the Premises Licence to generate additional income from the business.

The Applicant had always extended his full co-operation to the Police, and had never been in trouble with either the Police or the Council as the Licensing Authority. There had been no instances of sales of alcohol to underage persons from the Premises, and the parking problems experienced in Farm Hill Road were caused by all of the establishments situated there, including the Bookmakers, food outlets and restaurants.

Questions for the Applicant from the Sub-Committee

In response to questions from the Sub-Committee, the Applicant stated that he needed to generate extra revenue from the business to pay the increased rent, hence the submission of the application for additional hours for the sale of alcohol.

In relation to the conditions suggested by the Police, Ms Hazar explained that the Applicant was happy to accept the majority of them; the exceptions were the prohibition on selling individual cans of beer, and the limit on alcohol to be sold at 6% by volume for beers and ciders.

Questions for the Applicant from the Objectors

Mr Emery produced some photographs of the parking issues experienced in Farm Hill Road, and contended that the Pizza restaurant had a large car park of its own and that its customers would not need to park on the street. However, the Applicant maintained that the Taverna had parties until 2.00am and some of their customers did park on the public highway.

Cllr Kane highlighted a photograph showing the van from the Premises parked in a very inconsiderate position in the street. The Applicant responded that the photograph was from 2013, the local Neighbourhood Police Officers had subsequently spoken to the Applicant regarding his parking in the street and the van from the Premises had not been parked in that position for at least two years. However, the Objectors contended that this was still happening, that they had further photographs to prove this was the case, and requested assurances from the Applicant. The Applicant stated that he would not park on the pavement shown in the photographs, had not done so for at least two years, and staff within the store had parked there once when the Applicant was away.

Cllr Kane pointed out that the alcohol was placed at the front of the store, where it was potentially easier to pilfer. Ms Hazar explained that there had been no instances of theft from the store of alcoholic items, and all layouts of off-licences and convenience  stores basically followed the same format. The Applicant indicated the position of the alcohol shelves and fridges within the store, which was near to the door, but the Applicant had not suffered from any theft of alcohol in the last six years. There was also space at the back of the store for storage. The Premises was a convenience store, not an off-licence, and customers could currently purchase anything within store during the permitted opening hours.

Presentation of the Objectors’ Case

Mr Jones from Essex Police stated that the Premises was on a main road in close proximity to residential premises. A high percentage of the passing trade in the early hours of the morning was liable to be people on their way home from licensed premises in Waltham Abbey Town Centre, where establishments were generally licensed until 1.00am. If the Licence variation was granted then alcohol at off-licence prices would be available to customers who had already potentially consumed a large amount of alcohol, and there would be a tendency for groups of people to meet at the Premises and consume alcohol on the street. This would give rise to noise and disturbance causing a public nuisance and potential crime and disorder.

Mr Jones added that there had been no reported incidents at the store; however, the application gave rise to potential problems and the Applicant had not offered any conditions to be added to the Licence to mitigate these issues. In relation to the suggested conditions from Essex Police, Mr Jones stated that most beers and ciders were 4 – 5% alcohol by volume and the suggested 6% limit would only exclude the super strong lagers. It was also felt that the sale of single cans of beer or cider for consumption outside the Premises should also not be permitted.

Mr Emery stated that he and his family lived next door to the store and were affected by noise and disturbances virtually every single night. As previously outlined in his representation, Mr Emery emphasised the instances of large groups of young people outside the shop drinking alcohol and being loud and abusive, customers for the store constantly blocking his driveway, several arguments and fights outside the store, and the broken glass from smashed bottles which had led to eight tyre punctures in the previous 18-month period.

Mr Emery concluded that Waltham Abbey did not need this store to stay open later than other establishments selling alcohol, and that to grant this Licence variation would be detrimental to the local community and the area.

Cllr Kane drew the attention of the Sub-Committee to the issues raised in her representation, on page 114 of the agenda. The Sub-Committee was reminded that vans delivering to the Premises parked dangerously on the pavement on the corner of the road which had been reported to the Police on numerous occasions; there was a constant noise nuisance emanating from the Premises late at night including the slamming of car doors; the front gardens in Farm Hill Road were constantly filled with litter; and the Premises was supplying alcohol to minors. Cllr Kane stated that anti-social behaviour in Waltham Abbey had steadily increased over the last four years, along with the demand for alcohol late at night. This Licence variation, if approved,  would only aggravate the existing problems in the area, and the Sub-Committee was requested to refuse the application.

Questions for the Objectors from the Sub-Committee

In response to questions from the Sub-Committee, Mr Emery confirmed that he had not reported any instances of anti-social behaviour to the Police, although Cllr Kane confirmed that she had repeatedly reported issues to the Police via the 101 non-emergency telephone number.

Mr Jones acknowledged that the Police report on the Premises might not have identified issues in the street reported by neighbours, and that the Police had no evidence of sales of alcohol to minors from the Premises; this could have been an operation undertaken by Trading Standards Officers. The Licensing Enforcement Officer advised the Sub-Committee that Trading Standards Officers generally targeted Off-Licences for the possible sale of alcohol to minors. The Applicant advised the Sub-Committee that this could refer to offences committed by the previous owner of the Premises in 2007.

Applicant’s Closing Statement

The Applicant informed the Sub-Committee that he never served customers who were already drunk, and he had never failed a test purchase undertaken by Trading Standards Officers – for either cigarettes or alcohol. CCTV images from the Premises were always kept for at least 31 days, and these could be provided to the Police on request; a refusal book was also kept for the Premises.

Ms Hazar added that the Applicant was a very responsible business owner who, as stated earlier, had never sold alcohol to minors or drunks. The reason for the extension was to generate more income from the business to pay for the increased rent on the Premises, and the Sub-Committee was urged to allow the Premises to open later and sell alcohol on Friday and Saturday nights by at least 30 minutes or one hour more.

Consideration of the Application by the Sub-Committee

The Sub-Committee left the Council Chamber to consider the application.

The Sub-Committee acknowledged that it was difficult to accept instances of selling alcohol to minors had occurred as the Premises had been test purchased. The Sub-Committee noted the plea from the Applicant’s Legal Agent to at least allow the Premises to open later on Fridays and Saturdays, along with the reasons for this, and felt that this was not unreasonable. However, given the problems experienced in the area then the hours already permitted for Sundays to Thursdays should remain in place and not be increased. In addition, the majority of the conditions suggested by Essex Police under the Prevention of Public Nuisance should be added to the Licence, with the exception of the two conditions prohibiting the sale of single cans of beer or cider and the sale of beer or cider with a alcohol strength greater than 6% by volume.

The Sub-Committee returned to the Council Chamber, and the Chairman informed the participants of its decision.

Decision:

(1)        That the application to vary a Premises Licence for Waltham Abbey Express at 1 Farm Hill Road, Waltham Abbey be granted, subject to the following conditions:

(a)        the sale of alcohol and the hours the Premises are open to the public on Fridays and Saturdays be varied to be between 9.00 am and 1.00am;

(b)        the sale of alcohol and the hours the Premises are open to the public on Mondays to Thursdays be maintained to be between 9.00am and 12.30am;

(c)        the sale of alcohol and the hours the Premises are open to the public on Sundays be maintained to be between 9.00am and 12.00am;

(d)        the inclusion of all conditions in relation to the Prevention of Crime and Disorder suggested by Essex Police (as set out on pages 111 and 112 of the agenda); and

(e)        the inclusion of all conditions in relation to the Protection of Children from Harm suggested by Essex Police (as set out on page 112 of the agenda).