Agenda item

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

The three Councillors that presided over this item were Councillor J Jennings (Chairman), Councillor S Neville and Councillor B Surtees.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. In attendance on behalf of the application was Mr S Gibson, Agent for the Applicant. There was one objector in attendance Councillor P Abraham representing Loughton Town Council.

(a)        The Application before the Sub-Committee

The Licensing Compliance Officer, K Tuckey introduced the application to the Sub-Committee. The application for a New Premises Licence had been made by Mr M Linch for The Green Owl Canteen Limited, 12-14 The Broadway, Loughton, Essex IG10 3ST for the sale of alcohol Monday to Sunday 10.00 to 23.00 hours and was received on the 28 June 2017.

The responsible authorities had received a copy of the application, it was advertised at the premises and in a local newspaper. All residences and businesses within 150 metre radius of the premises were individually consulted. There had been no representations received from the responsible authorities, one letter of support and one representation from Loughton Town Council.

The Licensing Compliance Officer advised the Sub-Committee that a Designated Premises Supervisor (DPS) had not yet been appointed and if the Sub-Committee were to grant the application the licence could be issued but the premises would not be able to sell alcohol until a DPS was appointed.

(b)       Presentation of the Applicant’s Case

Mr Gibson gave apologies for the applicant Mr Linch not being attendance as he was currently on holiday but stated that if the licence was granted today the nominated DPS and would be resolved before the premises opened.

Mr Gibson stated that the premises would be run as a café/restaurant, a café during the day and a restaurant in the evening where there would be full waiter/waitress service. The premises would never be considered as a pub and there would be no vertical drinking. Food would be the main concern but customers would be served alcohol without purchasing food, they would be seated and served by a waiter/waitress.

(c)        Questions for the Applicant from the Sub-Committee

Councillor Jennings expressed concern that the premises was very near to Epping Forest College and that most of the college students would pass the door on their way to and from college. She was advised that the premises would operate Challenge 25 and proof of age identification would be required. All staff would be fully trained and retrained every 6 months.

(d)       Questions for the Applicant from the Objector

The Objector had no questions for the Applicant.

(e)        Presentation of the Objector’s Case

Councillor Abrahams, representing Loughton Town Council, advised that the Town Council objected to this application on the grounds that this was a predominantly residential location and for the prevention of public nuisance. He stated that the licensing hours should cease at 10.30pm and alcohol should only be served with meals.

Councillor Abrahams offered his own opinion on many other aspects as to why a new  premises licence should not be granted.

Councillor Abrahams was asked by the Chairman not to introduce new evidence as this was of his own opinion and not those of the Town Council.

(f)        Questions for the Objector from the Sub-Committee

Councillor Neville asked if the concerns were from residents and if so did they attend the Town Council meeting. He advised that they were not concerns of the residents and they did not attend the meeting, it was just his opinion.

(g)       Questions for the Objector from the Applicant

The Applicant’s Agent had no questions for the Objector.

(h)       Closing Statement from the Objector

The Objector reiterated that the objections from the Town Council were prevention of public nuisance and that the licensing hours should cease at 10.30pm.

(i)         Closing Statement from the Applicant

The Applicant’s Agent advised that all new evidence from the objector should be disregarded as it was not submitted before the meeting. He also advised that the application should be considered as it stood and that the licensing hours applied for should be granted as there was no evidence to support that it should close at 10.30pm.

(j)         Consideration of the Application by the Sub-Committee

The Chairman requested that the applicants withdraw from the chamber while they considered the application in private session. During their deliberations the Sub-Committee received no further advice from the officers present.

            RESOLVED:

(1)        That the application for a New Premises Licence for The Green Owl Canteen Limited, 12-14 The Broadway, Loughton, Essex IG10 3ST be granted subject to the following conditions being applied which the Sub-Committee consider are reasonable and proportionate for the promotion of the licensing objectives:

(a)        That a Designated Premises Supervisor be nominated and that application be granted.