Agenda and minutes

(Director of Governance) To declare interests in any item on this agenda.

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

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

(Director of Neighbourhoods) To consider the attached report and appendix.

The three Councillors that presided over this item were Councillors R Morgan, D Dorrell and R Gadsby. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were:

(a)  Ms C Morgan, the applicant;

(b)  The applicant’s father; and

(c)  Mr N McCann, solicitor for the applicant.

In attendance to object to the application were the following persons:

(i)            District Councillor J Knapman, ward member representing an objector Mrs D Read;

(ii)           Chigwell Parish Council;

(iii)          Ms L Armitage – local resident;

(iv)         Mr and Mrs Bedford – local residents;

(v)          Mrs D Read – local resident;

(vi)         Mr and Mrs Berman – local residents;

(vii)        Mr T Casey – local resident;

(viii)       Ms I Davis – local resident;

(ix)         Mr J Keating – local resident;

(x)          Mrs R Langham – local resident;

(xi)         Mr J Reef – local resident; and

(xii)        Mr and Mrs Specterman – local residents.

The Chairman then introduced the members and officers present and outlined the procedure that would be followed for the determination of the application.

(a)          The Application before the Sub-Committee

The Licensing Officer informed the Sub-Committee that an application for a new Premises Licence had been made by CPL Training on behalf of Ms C Morgan who ran a business called Spirimix at 12 Brook Way, Chigwell, Essex IG7 6AA. The business sold alcohol to the public via the Internet from Monday to Sunday from 09.00 to 17.00 hours. The application concerned the storage of alcohol in an outbuilding at the applicant’s residence, it being noted that the facility was not publicly accessible.

The sub-committee were advised that a consultation had been undertaken by the Council and consequently 11 representations had been received. It was noted that the police had requested a condition and were not now objecting. There were no objections from the other statutory authorities consulted.

(b)          Presentation of the Applicant’s Case

The applicant’s solicitor, Mr N McCann, began by explaining that the applicant rented a warehouse in Northampton from Selco where her products, sachets of Vodka in presentation boxes, were sold through the online mail order service – Amazon. The applicant had found that using the warehouse was hindering her business operation and proving costly so she wanted to use her garden shed for storage of the sachet boxes. The applicant sold 15 boxes per week and if her business became more successful she would return to using the warehouse for storage.

The solicitor pointed out that there were no representations from the statutory authorities and that this application was a low risk one. The applicant had written to local residents advising of the changes she was requesting, there would be no increase in traffic in the local area as there would be no direct sale of alcohol from her premises, the products being posted to customers. No deliveries or business would be occurring between 18.00 and 08.00 hours. To improve security, the property would have a significant  ...  view the full minutes text for item 86.

Presiding over this application were Councillors R Morgan, D Dorrell and R Gadsby.

The Licensing Manager outlined to the sub-committee that an application had been made by Essex Police for an Expedited Summary Review on the Nu Bar, 153 High Road, Loughton, Essex IG10 4LF. A copy of the application for a summary review and the certificate under Section 53A (1) (b) was served on the holder of the Premises Licence and all responsible authorities. The certificate stated that in the opinion of Superintendent T Roe of Essex Police the premises were associated with both serious crime and disorder.

In attendance on behalf of the application were Superintendent T Mitchell, Brentwood and Epping Forest Police, P Jones, Brentwood and Epping Forest Police Licensing Officer and J Nash an Essex County Council Licensing Officer.

In attendance on behalf of the Nu Bar were Mr M O’Connor and Mr M Cleary, the Designated Premises Supervisor (DPS). The application for a summary review was for the sub-committee to determine whether steps were needed to suspend the licence for the Nu Bar.

The Chairman invited Mr P Jones, Brentwood and Epping Forest Police Licensing Officer to present the application. Mr P Jones advised that in the early hours of Sunday the 10 April 2016 a fight was reported outside the Nu Bar, it was established that two males were victims of serious injuries. The police systems had revealed that there were numerous incidents over the last 12 months, a number of which were also classified as serious.

The Assistant Director Environment and Neighbourhoods informed members that interim steps should be taken within 28 days of the application.. The licence holders could appeal the interim steps which would involve a further meeting 48 hours later.

Mr P Jones added that any suspension imposed could involve conditions, for example a reduction in hours, an increase in the number of door staff, searching of customers, drinking vessels to be made of bi-carbonate, no carrying of glassware and no admittance after 22.00 hours. The Sub-Committee suggested that the proposed conditions were not connected to the recent violence. Mr P Jones replied that they were connected to the pattern of violence over 12 months.

At 11.48a.m. the Sub-Committee retired from the Council Chamber for private deliberation. They returned at 12.06p.m. and the Chairman announced their decision. During their deliberations in private session advisory officers gave the following advice:

(a)  Article 1 of the First Protocol of the Human Rights Act 1988 that every person was entitled to the peaceful enjoyment of his possessions and no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law; and

(b)  That any decision made in respect of the premises licence for Nu Bar, 153 High Road, Loughton, Essex IG10 4LF must be necessary and proportionate.

RESOLVED:

That the premises licence for Nu Bar, 153 High Road, Loughton, Essex IG10 4LF be suspended  ...  view the full minutes text for item 87.