To consider the attached report.
The three Councillors that presided over this item were Councillors C P Pond (Chairman), J M Whitehouse and D Stocker. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee.
In attendance on behalf of the application Mr A Sini, Director and his representative Mr N Samaroo from NTAD Consultants, also in attendance was Ms N Newnan, supporter of the application.
Objectors to the premises licence application attending were Mr R Thomason, Environment and Neighbourhood Officer from EFDC, Councillor P Gooch, Theydon Bois Parish Council and Mr D Jolly, local resident.
The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.
(a) Application before the Sub-Committee
The Licensing Compliance Officer introduced the application for a new premises licence for Il Baccio, 19b Forest Drive, Theydon Bois, Epping CM16 7EX. The application had been made by S and F Catering Limited received on the 24 January 2019.
The application was for the following licensing activities:
The Sale by Retail of Alcohol on the Premises only
Monday to Sunday 11.00 – 23.00 hrs
Opening Times of the Premises
Monday to Sunday 11.00 – 23.00 hrs
The operating schedule, attached to the agenda, sets out the conditions which would be attached to the licence if this application was granted.
All responsible authorities had been notified, the application had been advertised at the premises and in a local newspaper. All residences and businesses within a 150 radius of the premises had been individually consulted.
The authority had received three representations, one from Epping Forest District Council (EFDC), Environmental & Neighbourhoods, one from Theydon Bois Parish Council and one from a local resident. The objections all related to the Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and the Protection of Children from Harm.
There had been a previous premises licence held at these premises which lapsed on the 17 January 2019, due to the previous licence holder being the subject of a Bankruptcy Order, which prevented him from remaining as the premises licence holder. The Agent acting on behalf of this application has copied some of the conditions from the previous licence and has submitted them as part of the operating schedule.
Whenconsidering an application for a licence the licensing authority musthave regard to the steps that are appropriate to promote the licensing objectives, these were:
(a) the prevention of crime and disorder;
(b) public safety;
(c) the prevention of public nuisance; and
(d) the protection of children from harm.
In determining this application the Sub-Committee may take any of the following steps as it considers necessary for the promotion of the licensing objectives, namely:
(a) to grant the licence as applied for subject to:
· the conditions mentioned in the Operating Schedule modified as the Sub-committee considers necessary for the promotion of the licensing objectives; and
· the mandatory conditions specified in the Licensing Act 2003; or
(b) to exclude from the scope of the licence any licensable activities to which the application relates; or
(c) refuse to specify a person as the premises supervisor; or
(d) reject the application.
(b) Presentation of the Applicant’s Case
Mr N Samaroo advised that the previous license holder was not aware that by being the subject of a Bankruptcy Order that he could not continue to hold the premises licence and when he was advised he thought that the licence could be transferred to Mr A Sini. A new application was submitted and it hadn’t been envisaged that there would be any objections to the application.
Three representations in objection to the application were received, one from Epping Forest District Council (EFDC), Environmental & Neighbourhoods, one from Theydon Bois Parish Council and one from a local resident. Mr Samaroo stated that as far as he was aware these were historical objections back from when the restaurant first opened and that he believed none had been received since 2016.
Mr Samaroo advised that after receiving the representations he had consulted with his client, contacted Theydon Bois Parish Council and R Thomason, Environment and Neighbourhoods Officer, Epping Forest District Council to propose some conditions to the operating schedule as below:
(i) The use of the outside area for the consumption of alcohol is under strict guidance that alcohol can on be consumed with a substantial meal and must be served by waiter/waitress;
(ii) The outside area will be in use between the hours of 11.00-16.00;
(iii) An area of the terrace will be designated as a smoking area but will be restricted to 5 persons;
(iv) All entrance and exit doors will be fitted with automatic self closing mechanisms and the doors will not be propped open at any time;
(v) The licence for the sale of alcohol would be Sunday to Thursday 11.00-22.30 and the restaurant would close at 23.00, Friday and Saturday 11.00-23.00 and the restaurant would close at 23.30 hours;
(vi) All relevant conditions from the previous licence would be replicated and attached to the operating schedule; and
(vii) A warden would be employed to supervise the outside area on Friday and Saturday nights from 21.00-23.30.
Mr Samaroo highlighted that no representations had been received from the Police or any other regulated authority.
(c) Questions for the Applicant from the Sub-Committee
Cllr C P Pond asked if the Designated Premises Supervisor (DPS) would be on the premises at all times during opening hours.
Mr Samaroo advised that the DPS would be at the premises most of the time but in his absence there would be a licenced supervisor on the premises.
(d) Questions for the Applicant from the Objectors
Cllr P Gooch stated that the premises were fitted with bi-fold doors and was there any intention to use them.
Mr Samaroo advised that previously a customer had opened the doors for air but they have now been sealed shut.
Councillor Gooch suggested air conditioning could be a way forward.
Mr A Sini advised that they were looking to put air conditioning in the premises.
(e) Presentation of the Objectors
Mr R Thomason advised that there had been 3 public nuisance complaints received in 2018 and since the restaurant opened in 2013 there had been a total of 65 complaints received. In principal he agreed with extra conditions put forward and stated that the warden should be employed on a Friday and Saturday night to supervise the outdoor area, making sure customers do not take drinks outside and that they leave the premises in a quiet and orderly manner. This was not to be a restaurant employee who would wait on tables and supervise the outside area when they were not busy.
Councillor Gooch advised that Theydon Bois Parish Council wanted to support the restaurant. The patio area had been the problem with the noise as it gets amplified and many complaints have been addressed to the Parish Council. He also stated that the Parish Council would also agree in principal to the operating schedule if the outside area ceased to be used at 16.00 and all tables and chairs were removed by 16.30 hours. They would also be happy to see the outside area being supervised on Friday and Saturday evenings and smokers not being allowed to take their drinks outside with them.
Mr D Jolly stated that he had no objection to the restaurant, in fact he had visited there on several occasions but the noise emanating from the outside terrace affected the residents. He highlighted that previously the restaurant had promised to monitor the outside but to his knowledge this had never happened.
(f) Questions for the Objectors from the Sub-Committee
The Sub-Committee stated that 65 objections received since 2013 was rather a lot but noted that the complaints had dropped in the last 2/3 years. They asked Mr Thomason if he was prepared to accept the new conditions to the operating schedule suggested by the Applicant. Mr Thomason agreed in principal that he would agree to the extra conditions.
(g) Questions for the Objectors from the Applicant
Mr Samaroo said that 65 complaints did seem rather a lot but stated that there was no evidence that they all came from Il Baccio as there were other late night premises in the vicinity namely a fish and chip restaurant, a Turkish restaurant and at the end of the road there was a Public House, therefore what substantive proof was there that these complaints were all in relation to Il Baccio.
Mr Thomason said they were allegations that the complainants said they had witnessed, which included taxis tooting their horns whilst picking up customers from Il Baccio.
(h) Closing Statement from the Objectors
Cllr Gooch advised that Theydon Bois Parish Council were happy with the amendments to the operating schedule and that the terrace would only be open from 11.00-16.00 daily.
Mr Thomason had nothing further to add.
Mr Jolly had nothing further to add.
(i) Closing Statement from the Applicant
Mr Samaroo stated that the extra and amended conditions to the operating schedule seemed to appease all of the objectors and that he hoped Il Baccio could go forward as a family business.
(j) Consideration of the Application by the Sub-Committee
The Chairman advised that the Sub-Committee would withdraw from the Council chamber whilst they considered the application in private.
During their deliberations the Sub-Committee received no further advice from the Officer’s present.
That the decision of the Sub-Committee was that the application for a premises licence in respect of Il Baccio Restaurant be granted subject to the following conditions which the Sub-Committee considered were reasonable and proportionate for the promotion of the licensing objectives.
For the prevention of public nuisance the licensable hours shall be:
Sunday to Thursday from 11.00 – 22.30 hrs
Friday and Saturday from 11.00 – 23.00 hrs
The following conditions as contained in the Operating Schedule shall be amended and read:
15. The Bi-fold doors were to be kept closed at all times and the main entrance door to remain closed at all times except for entry and exit, with a door stopper installed to prevent the door remaining open.
16. The Premises licence holder shall employ a dedicated supervisor on Fridays and Saturdays between the hours of 21.00 until 23.30 hours to ensure that any patrons smoking outside the premises do so in an orderly manner and so as to ensure that thee is no public nuisance or obstruction of the public highway. The member of staff will remind customers, should it be necessary, to keep their voices down and when leaving to do so quietly and be respectful of the neighbours.
19. The outside area must be cleared of customers by 16.00 daily save for smokers using the bona-fide smoking area and all tables and chairs be removed from the outside area by 16.30 hours.
20. No food or drink to be consumed on the patio area after 16.00 hours.
21. No drinks or glassware will be permitted in any outside area after 16.00 hours.