Agenda item

To consider the attached report for a variation of a premises licence.

The three Councillors that presided over this item were Councillors R Morgan (Chairman), I Hadley and B Rolfe. The Chairman introduced the Members and Officers present. The Chairman welcomed the participants to the Sub-Committee. In attendance for the application was the applicants agent Mahir Kilic and the applicant Sema Yildz.

(a)        The application before the Sub-Committee

The Licensing Compliance Officer, D Bastick, informed the Sub-Committee that an application had been made by Sema Yildz for a variation to the existing premises licence for The Hive, 38b Chigwell Lane, Loughton IG10 3NY.

The Licensing Authority had received the application on 9 October 2020. A copy of the present licence for the premises, the application for variation including proposed conditions and the public notice were attached to the agenda.

The applicant was requesting an extension to the current hours for the sale of alcohol from 08:00 to 23:00 hours Monday to Sunday and a seasonal variation of 08:00 to 00:00 hrs on Christmas Eve and New Year’s Eve.  Also to add the Provision of Late Night Refreshment from 23:00 to 00:00 hours on Christmas Eve and New Year’s Eve   The standard opening hours of the premises will be 08:00 to 23:00 hours Monday to Sunday and non-standard opening hours of 08:00 to 00:00 hrs on Christmas Eve and New Year’s Eve.

The Responsible Authorities had received a copy of the application.  It was advertised at the premises and in a local newspaper and all residences and businesses within a 150-metre radius of the premises had been individually consulted.  

Whilst the applicant did set out details of the application in the newspaper notice, it only referred to the hours for provision of late night refreshment on Christmas Eve and New Year’s Eve and not the seasonal variation hours for those days.  Licensing verbally discussed this matter with one of the Council’s Legal Advisers and agreed as this was a minor omission, it was decided to allow the application to proceed.

The Licensing Authority had received one representation from Loughton Town Council and one representation from Loughton Residents Association Plans Group. The representations related to the prevention of public nuisance and protection of children from harm.

(b)       Presentation of the Application

The Applicant’s Agent, Mahir Killic advised the Sub-Committee that the Applicant, Sema Yildz was the owner and DPS of the premises since the beginning of 2020. Previously, she had been very successful in running a late night café for 13 years with no complaints.

The premises was a very small establishment with room for 15 seated customers inside the premises and 12 seated outside. All alcohol was served only with a substantial meal.

MahirKilic pointed out to the Sub-Committee that the objections related to planning matters and should therefore not be taken into account as this was for a variation of a premises licence and not related to planning issues. If this licence was granted then the Applicant would submit a planning application the Planning Authority at a later date.

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

Councillor R Morgan asked the Applicant’s Agent what the current hours were at present.

Mahir Kilic replied that the current hours were from 08.00 – 18.00 hours Monday – Sunday.

(d)       Closing Statement from the Applicant

The Applicant had nothing further to add.

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

The Chairman advised that the Sub-Committee would now proceed into private deliberations to consider the application. Therefore, the webcast was stopped and would resume when the private session was completed.

During their deliberations in private session the Sub-Committee received no further advice from the Legal Officer present.

The Sub-Committee noted all of the submissions and representations, both oral and written made in relation to this application.

            RESOLVED:

The decision of the Sub-Committee was that the application to vary the premises licence in respect of The Hive, 38b Chigwell Lane, Loughton, Essex IG10 3NY be granted subject to the following conditions which in the opinion of the Sub-Committee are reasonable, proportionate and in the public interest for the promotion of the licensing objectives.

(i)          That the existing conditions on the licence are modified as set out in the application to vary the licence.

The applicants and objectors are reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.