Agenda and minutes

To declare interests in any item on this agenda.

There were no declarations of interest made pursuant to the Member’s Code of Conduct.

The Sub-Committee noted the agreed procedure for the conduct of business.

To consider the attached report.

The three Councillors that presided over this item were Councillors C P Pond (Chairman), J M Whitehouse and D Stocker. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee.

In attendance on behalf of the application Mr A Sini, Director and his representative Mr N Samaroo from NTAD Consultants, also in attendance was Ms N Newnan, supporter of the application.

Objectors to the premises licence application attending were Mr R Thomason, Environment and Neighbourhood Officer from EFDC, Councillor P Gooch, Theydon Bois Parish Council and Mr D Jolly, local resident.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.

(a)        Application before the Sub-Committee

The Licensing Compliance Officer introduced the application for a new premises licence for Il Baccio, 19b Forest Drive, Theydon Bois, Epping CM16 7EX. The application had been made by S and F Catering Limited received on the 24 January 2019.

The application was for the following licensing activities:

The Sale by Retail of Alcohol on the Premises only

Monday to Sunday 11.00 – 23.00 hrs

Opening Times of the Premises

Monday to Sunday 11.00 – 23.00 hrs

The operating schedule, attached to the agenda, sets out the conditions which would be attached to the licence if this application was granted.

All responsible authorities had been notified, the application had been advertised at the premises and in a local newspaper. All residences and businesses within a 150 radius of the premises had been individually consulted.

The authority had received three representations, one from Epping Forest District Council (EFDC), Environmental & Neighbourhoods, one from Theydon Bois Parish Council and one from a local resident. The objections all related to the Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and the Protection of Children from Harm.

There had been a previous premises licence held at these premises which lapsed on the 17 January 2019, due to the previous licence holder being the subject of a Bankruptcy Order, which prevented him from remaining as the premises licence holder. The Agent acting on behalf of this application has copied some of the conditions from the previous licence and has submitted them as part of the operating schedule.

Whenconsidering an application for a licence the licensing authority musthave regard to the steps that are appropriate to promote the licensing objectives, these were:

(a)             the prevention of crime and disorder;

(b)             public safety;

(c)              the prevention of public nuisance; and

(d)             the protection of children from harm.

In determining this application the Sub-Committee may take any of the following steps as it considers necessary for the promotion of the licensing objectives, namely:

(a)             to grant the licence as applied for subject to:

·          the conditions mentioned in the Operating Schedule modified as the Sub-committee considers necessary for the promotion of the licensing objectives; and

·          the mandatory conditions specified in the Licensing Act 2003; or

(b)             to exclude from the scope of  ...  view the full minutes text for item 46.

To consider the attached report.

The three Councillors that presided over this review were Councillors C P Pond (Chairman), J M Whitehouse and S Heather. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee.

In attendance on behalf of the premises were Ms N Beck solicitor for the premises and the Manager Mr Chi Kwong Wu.

In attendance on behalf of the application were Mr G Ashford, Mr D Colwell and Mr P Jones from Essex Police.

The Chairman then introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the review.

The Licensing Compliance Officer advised the Sub-Committee that an application had been received from the premises license holder advising that they were applying to transfer the license from Mr Chi Chiu Wu to his brother Mr Chi Kwong Wu. This could not be considered at this meeting as it was a separate application and would be heard at a later date.

(a)        The Application before the Sub-Committee

The Licensing Compliance Officer introduced the application which had been made by Essex Police to review the premises licence for Wo Fat, 270-272 High Road, Loughton IG10 1RB on the grounds of the Prevention of Crime and Disorder.

The grounds for the review were that in December 2018 Immigration Compliance and Enforcement Officers of the Home Office attended the premises and discovered disqualified persons working illegally at the premises. The statutory crime prevention objective 2003 Act includes the prevention of immigration crime and the prevention of illegal working in licensed premises.

A review application had been made by Essex Police Licensing Officer Mr D Colwell on behalf of Essex Police, under Section 51 of the Licensing Act 2003 and to be determined under Section 52 of the Licensing Act 2003.

The application for review had been advertised as required by the Licensing Act 2003 and six letters were received opposing the review and in support of Wo Fat Restaurant.

Having considered the representations from all parties the Sub-Committee had to determine the application for the review of the premises licence as it considered necessary for the promotion of the licensing objectives which were:

·        Prevention of crime and disorder;

·        Public safety;

·        Prevention of public nuisance; and

·        Protection of Children from Harm.

In coming to a view about whether such steps were necessary for the promotion of the licensing objectives, the Licensing Sub-Committee would need to take into account the review application, any relevant representations, the evidence given at the hearing, the representations made by the premises licence holder, the Guidance issued by the Secretary of State and the Council’s Licensing Policy.

Where it was considered necessary for the promotion of the licensing objectives, the options available to the Licensing Sub-Committee were under Section 52 (4) of the Licensing Act:

• to modify the conditions of the Licence;
• to exclude a licensable activity from the scope of the licence;
• to remove the designated premises supervisor;
• to suspend the licence for a period not exceeding three months;  ...  view the full minutes text for item 47.