Agenda item

To consider the attached report.

The Sub-Committee considered an application by Blue Diamond UK Ltd, for a premises licence for Harlow Garden Centre, Canes Lane, Hastingwood.

Ms. J. Spearman of  Blue Diamond UK Ltd was in attendance at the meeting. The objector to the application, North Weald Bassett Parish Council, were not represented. 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 and off the premises from Monday to Saturday from 08.30 to 18.00 and on Sunday from 10.00 to 16.30.

The Sub-Committee was advised that the opening times of the premises were from Monday to Saturday from 08.30 to 18.00 and on Sunday from 10.00 to 16.30 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 a representation from North Weald Bassett Parish Council with regard to the application, which related to the prevention of public nuisance and public safety. 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

Ms. Spearman presented the application for a premises licence and indicated that it was intended that alcohol would be served at the premises alongside the sale of food, but that off-sales of locally produced wines, beers and spirits that were typically purchased as gifts, would also be provided.

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

Members asked whether premises licences were held by Blue Diamond UK Ltd for other similar establishments within its property portfolio. Ms. Spearman indicated that this was the case at a number of the company’s other establishments and that, if granted, the premises licence for Harlow Garden Centre would be held by the Branch Manager.

(d)       Questions for the applicant from the objector

In the absence of a representative of North Weald Bassett Parish Council, it was not possible for questions for the applicant in connection with the application for a premises licence to be raised by the objector.

(e)       Presentation of the Objectors’ Case

In the absence of a representative of North Weald Bassett Parish Council, the objections of the Parish Council to the application for a premises licence, were presented in written form only.

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

In the absence of a representative of North Weald Bassett Parish Council, it was not possible for questions for the objector in connection with the application for a premises licence to be raised by the Sub-Committee.

(g)       Questions for the objectors from the applicant

In the absence of a representative of North Weald Bassett Parish Council, it was not possible for questions for the objector in connection with the application for a premises licence to be raised by the applicant.

(h)       Closing statement from the objector

In the absence of a representative of North Weald Bassett Parish Council, the objections of the Parish Council to the application for a premises licence, were presented in written form only and no closing statement was possible.

(i)        Closing statement from the applicant

Ms. Spearman reaffirmed that it was intended that alcohol would be served at the premises with the sale of food, alongside off-sales of locally produced wines, beers and spirits.

(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:

That the application for a premises licence for Harlow Garden Centre, Canes Lane, Hastingwood 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.