Agenda item

To consider the attached report.

The Sub-Committee considered an application for a premises licence for Harley's Bistro and Lounge, 184 High Street, Epping.

The applicant, Mr. U. Kesen was in attendance at the meeting. The objector to the application, Mr. P. Charman, was also in attendance. The Chairman of the Sub-Committee introduced the members and officers present at the meeting and outlined the procedure that would be followed by the Sub-Committee in its determination of the application.

(a)       Application before the Sub-Committee

The Licensing Officer introduced the application for a new premises licence, which was for the sale by retail of alcohol on the premises only from Monday to Sunday from 10.00 to 22.30.           

The Sub-Committee was advised that the opening times of the premises were from Monday to Sunday from 07.00 to 23.00 and that the Operating Schedule set out conditions which would be attached to the licence if the application was granted. 

The Licensing Officer reported that all of the responsible authorities had been consulted with regard to the application, which was also advertised at the premises and in a local newspaper. In addition, all residences and businesses situated within a radius of 150 metres of the premises had been individually consulted on the application. The Sub-Committee noted that the Council had received one representation from a local resident with regard to the application, which related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The Licensing Officer reported that Essex Police had made no representations in respect of the application.

The Sub-Committee was reminded that, whenconsidering an application for a licence, the licensing authority musthave regard to steps that were appropriate to the promotion of the licensing objectives, including:

·                 the prevention of crime and disorder;

·                 public safety;

·                 the prevention of public nuisance; and

·                 the protection of children from harm.

Members noted that the licensing authority must also have regard to its Statement of Licensing Policy and any guidance issued by the Secretary of State when considering an application for a licence.

The Sub-Committee was reminded that, in determining the application, it could take any of the following steps considered necessary for the promotion of the licensing objectives:

·                 to grant the licence as applied for, subject to the conditions mentioned in the Operating Schedule modified as the Sub-committee considered necessary for the promotion of the licensing objectives and the mandatory conditions specified in the Licensing Act 2003, or

·                 to exclude from the scope of the licence any licensable activities to which the application relates, or

·                 to refuse to specify a person as the premises supervisor, or

·                 to reject the application.

(b)       Presentation of the Applicant’s Case

Mr. Kesen presented the application for a premises licence and indicated that it was only intended that alcohol would be served at the premises alongside the sale of food. Mr. Kesen indicated that, as the premises had yet to open for business, its formal hours of operation had not been determined. However, he advised the Sub-Committee that he would be agreeable to the grant of any premises licence requiring that alcohol not be served before 12.00 midday each day.

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

No questions for the applicant in connection with the application for a premises licence were raised by the Sub-Committee.

(d)       Questions for the applicant from the objector

No questions for the applicant in connection with the application for a premises licence were raised by the objector.

(e)       Presentation of the Objectors’ Case

Mr. Charman presented his objection to the application for a premises licence. Mr Charman advised the Sub-Committee that he was reassured by the assurance of the applicant that alcohol would only be served at the premises alongside the sale of food, but that he remained concerned as to the proposed sale of alcohol from 10.00 each day. However, Mr. Charman indicated that he would have no objection to the grant of any premises licence requiring that alcohol not be served before 12.00 midday each day.

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

No questions for the objector in connection with the application for a premises licence were raised by the Sub-Committee.

(g)       Questions for the objectors from the applicant

No questions for the objector in connection with the application for a premises licence were raised by the applicant.

(h)       Closing statement from the objector

Mr. Kesen reaffirmed to the Sub-Committee that he would have no objection to the grant of any premises licence requiring that alcohol not be served before 12.00 midday each day.

(i)        Closing statement from the applicant

Mr. Kesen reaffirmed to the Sub-Committee that he would be agreeable to the grant of any premises licence requiring that alcohol not be served before 12.00 midday each day.

(j)        Consideration of the application by the Sub-Committee

The Chairman advised the meeting that the Sub-Committee would withdraw from the Council Chamber whilst it considered the application in private and that, during its deliberations, the Sub-Committee would receive no further advice from the officer’s present.

RESOLVED:

(1)       That the application for a premises licence for Harley's Bistro and Lounge, 184 High Street, Epping be granted, subject to the following conditions considered reasonable and proportionate for the promotion of the licensing objectives:

(a)       the conditions which are consistent with the operating schedule; and

(b)       the mandatory conditions contained in Sections 19-21 of the Licensing Act 2003; and

(2)       That, for the prevention of public nuisance, the licensable hours of the premises shall be from 12.00 midday to 22.30 only, from Monday to Sunday.