Agenda item

To consider the attached report.

The three Councillors that presided over this item were Councillors M Sartin (Chairman), S Heather and S Neville. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee.

In attendance on behalf of the application was Mr Y Metin the applicant.

There were no objectors present but Mr P Jones, Essex Police Licensing Officer was present as an observer.

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, H Ibrahim introduced the application for a new premises licence for Fruteria Ltd. at 232 High Road, Loughton, IG10 1ET. The application was for the supply of alcohol (off premises) Monday to Saturday, 07.00 to 23.00 hours and Sunday 10.00 to 20.00 hours. The hours the premises will be open to the public Monday to Saturday 07.00 to 23.00 hours, Sunday 10.00 to 20.00 hours.

All Responsible Authorities have been notified and it had also been advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

The authority had received two representations form Loughton Town Council and from a local resident. Essex Police had agreed conditions with the applicant, which will be added to the licence if granted.

The objections received related to the prevention of crime and disorder, prevention of public safety and the prevention of public nuisance.

(b)          Presentation of the Applicant’s Case

Mr Metin said that he had started as a greengrocer when they opened in July. Responding to customer feedback they decided to become a mini-market, still including fruit and vegetables, plus alcohol, turning them into a convenience store.

This new application was to make a better business and to help the community. He added that he had agreed to the police conditions.

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

The Sub-Committee asked where would the alcohol would be displayed. They were told that the sprits would be held behind counter, other alcohol products would be displayed at the back of the shop.

(d)          Questions for the Applicant from the Objectors

No Objectors were present.

(e)          Closing Statement from the Applicant

The applicant had nothing further to add.

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

The Chairman advised that the Sub-Committee would withdraw from the Council Chamber to consider the application in private.

During their deliberations the Sub-Committee received advice from officers present on the options available to them and that any conditions imposed must be appropriate, be capable of being enforceable and must not undermine the licensing objectives and that each case must be determined on its own merits.

RESOLVED:

That the decision of the Sub-Committee was that the application for a premises licence in respect of Fruteria, 232 High Road, Loughton, IG10 1ET 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.

1)    The mandatory conditions contained in Sections 19-21 of the Licensing Act 2003;

2)    The conditions as agreed between the applicant and the Police as detailed in the agenda on page 103, relating to the prevention of crime and disorder, public safety, and the protection of children from harm;

3)    The applicant was reminded of their right to appeal to the Magistrates Court within 21 days of the date of the written notification of this decision.