Agenda item

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan, J Jennings and A Lion.

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 Mr M Borysiewicz for Belgique Epping Ltd and Mr C Keen, the Group Manager for Belgique. A representative from Epping Town Council, Councillor B Scruton was also in attendance.

(a)          Application before the Sub-Committee

The Licensing Officer introduced the application for a new Premises Licence under the Licensing Act 2003. The application had been made by Belgique, 242-244 High Street, Epping CM16 4AP. The application was for the sale of alcohol both on and off the premises, Monday to Sunday 08.00 to 18.00, and the provision of recorded music, Monday to Sunday 08.00 to 18.30.

The responsible authorities had received a copy of the application and it had been advertised at the premises and in a local newspaper. All residences and businesses within a 150 meter radius of the premises had been individually consulted. The Council had received 1 representation from Epping Town Council and the response received from the Police included agreed conditions with the applicant.

The Legal Officer advised that the licence permission was not required for the recorded music for the suggested times.  

(b)          Presentation of the Applicant’s Case

The applicant, Mr M Borysiewicz advised that the premises licence was being pursued to ensure that the service was consistent across the Essex and London branches of the Belgique Group that he managed. The wish was not to become a major player in the sales of alcohol, but to offer a small range of wines, Belgium beers and prosecco with the range of products on offer. The community had requested these services and it would be inline with the licensing requirements. 

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

The Sub-Committee enquired about the times for sales of alcohol and whether it was necessary for the license to start at 8 a.m. The applicant advised that the requested times were to comply with the opening hours of the premise and to be consistent within the group. Alcohol was normally served with food and some customers liked to celebrate breakfast with a glass of prosecco. The premises would not stock spirits and the alcohol was expensive in comparison to off licences. The sales of alcohol across the other stores only accounted for 2% of total sales.

The Sub-Committee asked the Legal Officer whether the premises would be able to extend their range of alcohol if they chose. The Legal Officer advised that alcohol was alcohol regardless of what it was and the premises, could if they chose to, sell other types of alcohol. 

The Sub-Committee asked what steps were being taken to prevent under age drinking. The applicant advised that Challenge 25 would be used and staff would be trained.

The Sub-Committee asked whether the sale of alcohol would make difference to sales. The Applicant advised that they were looking to get a consistency across the stores and to prevent confusion over products sold in one Belgique store compared to another.

(d)          Questions for the Applicant from Objector

There were no questions from the Objector.

(e)          Presentation of the Objectors

Councillor B Scruton advised that the cliental who visited the Belgique premises within the District were, perhaps very different in comparison to other Belgique premises in Woodford, South Woodford and Chingford as Epping was a small town.

The Epping Town Council were objecting on the grounds of prevention of public nuisance and believed that there was no reason for the premises to want to sell alcohol from 8 a.m. and perhaps it should only be served with the purchase of food.

The applicant advised that alcohol could be purchased in the high street from as early as 6 a.m. at a cheaper price and with a bigger range of products. He did not consider that the premises would attract the wrong type of people and staff would be trained to a high standard. It would not be like an off licence and alcohol would not be advertised.

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

There were no questions to the Objector.

(g)          Questions for the Objectors from the Applicant

The Applicant asked whether the additional conditions set out in the agenda were not enough to satisfy the concerns of the Town Council. Councillor B Scruton advised that in her opinion they were not.

(h)          Closing Statement from the Applicant

The Group Manager advised that the stores within their control had never had any problems with the police or even drunk customers. The premises were places to go for an experience and enjoy the products they had on offer, rather than a drinking establishment.  

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

The Sub-Committee requested confirmation on the ownership of the outside area of the application, as the area included the pavement to the front of the premises, which the Council was not responsible for and would need to be agreed with the public Highway Department. The Licensing Officer advised that no representation from the Highways Department had been received. The Applicant advised that they would be happy to remove this area from the application until the matter had been resolved with the appropriate authority.

The Legal Officer also asked whether the applicant was happy to include the additional conditions suggested by the Police. The applicant advised that he was happy for these to be included.

The Chairman advised that the Sub-Committee would withdraw from the chamber whilst they considered the application in private. During their deliberations the Sub-Committee received no further advice from the officers present.

RESOLVED:

That the application for a New Premises Licence for Belgique, 242-244 High Street, Epping, CM16 4AP be granted subject to the following;

(1)          That the area of outside pavement shown in the attached plan be excluded;

(2)          That the mandatory conditions be applied;

(3)          That the conditions were consistent with the Operating Schedule; and

(4)          That the additional conditions from Essex Police attached be applied.