Agenda item

To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan (Chairman), L Hughes and J M Whitehouse.

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 C Yaman, the Applicant and Mr S Gibson, Licensing Agent. There were no objectors present.

(a)        The Application before the Sub-Committee

The Licensing Officer, K Tuckey introduced the application. The application had been made by Mr C Yaman for a new premises licence at Zara Bar & Grill, 30 Barrington Green, Loughton, Essex IG10 2BA. The application was received on the 3 July 2018 and was for:

Late Night Refreshment

Monday to Thursday 23:00-23:30, Friday to Saturday 23:00-00:00 (no late night refreshment for Sunday).

Supply of Alcohol

Monday to Thursday 10:00-23:00, Friday to Saturday  10:00-23:30, Sunday 10:00-22:30 (both on and off the premises).

Hours premises will be open to the public

Monday to Thursday 09:00-23:30, Friday to Saturday 09:00- 00:00, Sunday 09:00-23:00.

All responsible authorities had been notified and it was advertised at the premises and in a local newspaper. The Licensing Authority had received representations from Loughton Town Council and five local residents. Representations had also been received from Essex Police and the Environment and Neighbourhoods Team who had both satisfactorily agreed extra conditions with the applicant. The Essex County Fire & Rescue Service made no representations.

(b)       Presentation of the Applicant’s Case

The Applicant’s Licensing Agent advised that this was a standard restaurant application with limited outside seating. The outside seating would cease at 21:00 and the tables and chairs would be stored inside the premises in a room which was situated inside by the entrance. The applicant had agreed all of the extra conditions requested by Essex Police and the Environment and Neighbourhoods Team.

The Applicant’s Licensing Agent stated that all alcohol served in the restaurant would be supplementary to the food and be served by waiter/waitress. There would be no provision for people wanting to take alcohol without a meal and there would be no vertical drinking. Off sales would only be served to customers who maybe liked a wine and wished to take a bottle away with them. The music would be background mood music and there would be no external speakers.

The Applicant’s Licensing Agent advised that in his opinion the objections received from the five residents were not relevant as they were unrelated to the four licensing objectives which were:

·        The prevention of crime and disorder;

·        Public safety;

·        The prevention of public nuisance; and

·        The protection of children from harm.

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

The Sub-Committee asked what provision would be made for smokers. The Applicant’s Licensing Agent replied that there would be a cigarette bin provided outside.

The Sub-Committee asked how many tables would there be outside and how would the restaurant monitor that these were used for customers only. The Applicant replied that there would be four outside tables in total and they would only be there in the summer months. The restaurant staff would monitor and control the outside seating area.

(d)       Closing Statement from the Applicant

The Applicant’s Licensing Agent asked if the Sub-Committee would grant the application as requested, taking into account the conditions that had been agreed with Essex Police and the Environment and Neighbourhoods Team.

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

The Chairman requested that the Applicant and the Applicant’s Licensing Agent 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:

(1)        That the application for a new premises licence in respect of Zara Bar and Grill, 30 Barrington Road, Loughton be granted subject to the following conditions which the Council considered were reasonable, proportionate and in the public interest for the promotion of the licensing objectives;

(2)        That all tables and chairs were removed from use from the outside area at 21:00 hours;

            (3)     The conditions which were consistent with the Operating Schedule as amended and set out on pages 73 to 77 of the Agenda which this Sub-Committee considered were appropriate for the promotion of the licensing objectives; and

(4)        The mandatory conditions contained in Sections 19-21 of the Licensing Act 2003.