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 Theydon Bois Ltd and Mr C Keen, the Group Manager. Representatives from Theydon Bois Parish Council, Councillor P Gooch and Councillor Elizabeth Burn were 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, 14 Forest Drive, Theydon Bois, CM16 7EY. 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, 3 representations from local residents.  The Police, Essex Fire Service, EFDC Planning Department and the Public Health Department had no objections, although the Police had agreed additional 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 whether the area marked out on the front of the application was in the ownership of the premises. The Applicant advised that they believed this area was in their ownership and should be included within the application. Following comments from the Objector, the applicant removed the outside area from the application.

The Sub-Committee enquired about the type of recorded music that would be played. The Group Manager advised that it would be background music that was usually classical or jazz.

(d)          Questions for the Applicant from Objector

The Objector advised that the outside sitting area was not included within the lease of the premises and that there was an ongoing investigation into the use of this area. He asked whether music would be amplified. The Applicant advised that it would not be and would be background music for dinning purposes, to create an atmosphere.

(e)          Presentation of the Objectors

The Objector advised that the Parish Council advised that the premises was in rural location, with noise nuisance being very noticeable in a residential area. The Parish Council had issues with the proposed times and alcohol being served from 8 a.m. and advised that the premises closed at 3 p.m. on a Sunday, so the application needed to be amended inline with the planning consent. There were concerns that that with the premises licence including Sunday until 18.00; this would allow the premises to remain open. The Legal Officer advised that the applicant could apply for any times, although if there was a restriction because of planning permission this would be effective through the planning department.

The Objector requested that a condition be applied to prevent the sale of alcohol without purchasing food.

The Objector advised that that there were concerns for the environment, customers that used the premises and delivery trunks that may cause obstruction. The Applicant advised that the deliveries would remain the same days and times and that the Belgique group wanted to create a uniform across their stores, so that the customer could be confident that the service was the same no matter which premises they attended within the group.

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

The Sub-Committee asked whether there had been any antisocial behaviour issues. The Objector advised that antisocial behaviour had been experience around the Tesco’s store, although nothing had been attributed to Belgique.

(g)          Questions for the Objectors from the Applicant

There were no questions from the applicant.

(h)          Closing Statement from the Applicant

The Applicant advised that all staff would be trained in the sale of alcohol and that they wanted all their stores to operate the same across the group, therefore they would like the times and days set out in the application.

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

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 Theydon Bois Ltd, 14 Forest Drive, Theydon Bois, Essex CM16 7EY 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.