Agenda item

The application is made under the Licensing Act 2003 for the variation of a Premises Licence to request an increase of the opening hours, the sale of alcohol and late night refreshments throughout the week.

Minutes:

The Sub-Committee heard from the Licensing Manager that the application had been submitted under the Licensing Act 2003 for the variation of a Premises Licence to request an increase of the opening hours, and of the hours for the sale of alcohol and late-night refreshments throughout the week.

 

The premises had previously been described as a shop space situated in the High Street of Manningtree. Ground Floor rectangle single space, toilets and cellar access to the rear. Food preparations to rear of main room within a stud wall. Two access points – one from the main road and one from the car park space to the rear.

 

The applicant had proposed to open to the public on the following days/hours:

Everyday                                 12:00 – 00:30

The Sub-Committee was informed that the current opening hours had been as follows:

 

Monday to Saturday               12:00 – 23:00
Sunday                                    12:00 – 22:30

 

Proposed variations to the licensable activities were as follows:

 

Sale of Alcohol on and off the premises
Every day                                12:00 – 00:30

 

Late Night Refreshment
Every day                                23:00 – 00:30

 

Members heard that the current licensable activities hours had been as follows:

 

Sale of Alcohol on and off the premises
Monday to Saturday               12:00 – 23:00
Sunday                                    12:00 – 22:30

 

The variation application had been attached to the main report (A.1) as Appendix A.

The current premises licence had been attached to the main report (A.1) as Appendix B.

 

The Licensing Manager explained that no representations or objections had been received from residents in relation to the application.

 

One letter of representation had been received from Tendring District Council’s Planning Services who were a Responsible Authority. That letter of objection had been attached to the main report (A.1) as Appendix C.

 

The Sub-Committee was further reminded that each application must be considered in its own right and on its own merits only as to how it might impact on the four licensing objectives which were the Prevention of Crime and Disorder, the Prevention of Public Nuisance, Public Safety and the Protection of Children from Harm.

 

The Sub-Committee was therefore asked to determine this application taking into consideration the application in its own right and on its own merits and also all of the relevant information that had been submitted as part of the report and during the hearing itself.

 

Mr. Rowan Hunter, the applicant, addressed the Sub?Committee in support of the application. He outlined the challenges associated with operating a small business and noted that comparable premises in the vicinity benefited from later opening and serving hours than those currently permitted for his establishment. He further advised that he had received written confirmation from the sole resident potentially affected by the proposed extension of hours, indicating that they had no objections.

 

Mr. Matthew Ramsden, representing Tendring District Council Planning Services (the objector) spoke in opposition to the application. He referred to conditions imposed in 2018, which had been subsequently amended following consultation with residents. He asserted that the current application had been contrary to the Town and Country Planning Act 1990 and, if granted, would necessitate further approval from the Council’s Planning Committee.

 

Questions by Members:

Answers:

Has there been any previous breach of conditions at the premises?

 

(Matthew Ramsden) No, there has not.

To clarify, would operating outside the current permitted hours constitute a breach of planning conditions, and would the only means of obtaining the proposed hours be through the imposition of additional planning conditions?

(Matthew Ramsden) If the premises were to open outside of the current permitted hours, this would constitute a breach of planning conditions. Should the Sub-Committee approve, the applicant would be required to apply for a variation of condition. The outcome of such an application would be determined on its own merits at that time.

Could you confirm the opening hours of the other two premises referenced?

(Applicant) The Red Lion operates until 11:00 p.m. Sunday to Thursday, and until 12:00 a.m. on Fridays and Saturdays. The Skinners Arms operates until 1:00 a.m. on Fridays and Saturdays and hosts live music until that time.

Is it correct that the premises are located on the High Street, which is predominantly occupied by retail establishments?

 

(Applicant) Yes, that is correct. I have only one resident in the surrounding area who has submitted a letter of support.

How many notification letters were issued to residents in the surrounding area?

(Michael Cook) The licensing team does not issue letters directly to residents. The statutory process requires that a blue notice be displayed at the premises and that a notice be published in the local newspaper.

Do you consider your premises to be safe?

(Applicant) Yes. I have operated the premises for seven years and during that time there have been no crimes committed on site, nor any intervention from the police or ambulance service. I have also not received complaints from residents or concerns relating to the safeguarding of children.

 

The Chairman (Councillor Wiggins) adjourned the meeting at this time whilst the Sub-Committee retired to deliberate. The Litigation Lawyer (Sarah Opene) and the Democratic Services Officer (Katie Koppenaal) retired with the Sub-Committee for observatory reasons only.

 

Upon resuming the meeting, the Chairman (Councillor Wiggins) read out a statement detailing the Sub-Committee’s decision as follows:

 

“The Sub Committee has given careful consideration to this application.  In reaching our decision, we have taken into account the views expressed by the Applicant Mr Rowan Hunter, the representations made by the licensing Manager Mr Cook the objection of the planning department put forward by the Planning Enforcement Officer Matthew Ramsden on behalf of the planning department.

 

Mr Cook summarised the application as received by the licensing department with no mention of any complaints in relation to the current licensed hours. Mr Hunter in his submission expressed that there had never been a complaint or incidents reported in relation to the wine bar. In the objection of the planning department, it was stated that the hours applied for, if granted would be in breach of the planning permission and that an application would need to be made by the Applicant which will be considered on its own merit.

 

The Sub Committee has taken into consideration all the licensing objectives and the Authority's own Statement of Licensing Policy.

 

The current opening hours for the sale of alcohol on and off premises are

Monday – Saturday : 12:00 – 23:00

Sunday : 12:00 – 23:00

 

The decision of the Sub-Committee is to vary the hours as applied for as below:

The [new] current opening hours for the sale of alcohol on and off premises are

Monday – Saturday : 12:00 – 23:30

Sunday – Sunday : 12:00 – 22:30

 

 Any party who is aggrieved by this decision of the Sub-Committee has the right of appeal to the Magistrates' Court.

 

This Decision is made today, 2nd December 2025. This decision will be sent in writing to the relevant parties.

Supporting documents: