Agenda item

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors B Surtees, D Dorrell and D Sunger.

The Chairman introduced the Members and officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was S Gooding, the applicant’s representative and objecting was D Milne and the Lambourne Parish Council representative, Councillor J Filbey.

(a)        The Application before the Sub-Committee

The Licensing Compliance Officer, D Houghton introduced the application to the Sub-Committee. The application had been made by Siobhan Andrews for a new premises licence at The Blue Boar Deli, 1 Market Place, Abridge, Essex, RM4 1UA. The application was for the sale of alcohol both on and off the premises, Late Night Refreshment and Recorded Music Monday to Saturday 12:00 to 00:00 and Sunday 12:00 to 23:00.

The responsible authorities had received a copy of the application and it had been advertised at the premises and within a local newspaper. All residences and businesses within 150 meters radius of the premises had been individually consulted. The authority had received 6 representations and 1 petition from local residents on the Prevention of Public Nuisance and the Protection of Children from Harm, Public Safety and the Prevention of Crime and Disorder. The Police had agreed conditions with the applicant and would not make further representations. The Essex Fire Services had responded and had no objections.

(b)       Presentation of the Applicant’s Case

The applicant’s representative, S Gooding advised that the intention for the premises licence had been to encompass 6 pop up restaurant events in December and to allow customers to enjoy a drink with their lunch. The premises was not looking to become a late night venue, as the owner also owned the Blue Boar Public House opposite and would not want to create competition between the two premises. S Gooding advised that the owner had not intended to upset the residents and the premises would continue to trade as it currently did so, with the ability to hold the pop up events in December. 

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

The Sub-Committee asked how many tables were seated outside the premises and would alcohol be served to these customers. S Gooding advised that there were 6 tables and yes they would be served alcohol drinks if requested.

The Sub-Committee asked about the difference between the day to day business and the pop up events. S Gooding advised that the day to day running of the deli was between 7:30 to 16:00, where they served breakfast and lunch each day and the pop up events were private and would require advance tickets sales, serving a six course taster menu that had to be pre-booked.

The Sub-Committee asked who would be the Designated Premises Supervisor (DPS). S Gooding advised that applicant, S Andrews would be the DPS.

(d)       Questions for the Applicant from the Objector

The Lambourne Parish Council representative, Councillor J Filbey asked why the applicant had not applied for the 6 temporary events notices and reduced the licensing hours. S Gooding advised that the applicant had thought that applying for the whole required hours would be easier. 

(e)        Presentation of the Objector’s Case

The Lambourne Parish Council representative, Councillor J Filbey advised that following the applicant’s representation most of the issues that the Parish Council had about the premises licence had been reduced, although there were concerns over late night nuisance, noise, parking and sound proofing to the building and tenant above the property due to the buildings age.

D Milne advised that as a close resident, his main concerns had been the noise from customers smoking outside the premises and the general noise from customers leaving the premises in the evening.

S Gooding responded to the objectors by advising that a notice had been placed on the premises door to advise that parking was allowed in the Blue Boar Public House Car Park and the premises would not be a late night venue. He understood the impact of people sitting outside the premises and conditions had been applied. The kitchen would look to close around 22:00 with last food orders at 21:30.

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

There were no questions for the Objectors from the Sub-Committee.

(g)       Questions for the Objector from the Applicant

There were no questions for the Objector from the Applicant.

(h)       Closing Statement from the Objector

The Lambourne Parish Council representative, Councillor J Filbey felt that 21:00 for last orders of food and drink was acceptable, to enable customers to leave the venue at a reasonable time.

(i)         Closing Statement from the Applicant

The Applicant’s representative, S Gooding had nothing further to add.

(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 Blue Boar Deli, 1 Market Place, Abridge, Essex, RM4 1UA be granted subject to the mandatory conditions being applied and the following additional conditions which the Sub-Committee considered were reasonable and proportionate for the promotion of the licensing objectives:

(a)           That the conditions were consistent with the Operating Schedule subject to the opening times being revised to Monday – Sunday 08:00 to 23.00; and

(b)           That the conditions with Peter Jones, Epping and Brentwood Licensing Officer set out in his email dated 26 July 2017 be adopted.