Agenda item

The Sub-Committee will determine an application for the grant of a Premises Licence in respect of the above premises.

The Chairman (Councillor V Guglielmi) welcomed everyone to the meeting, including the applicant, Mr Tony Sugden of Different (Essex) Ltd and made introductory remarks.

The Council’s Licensing Manager (Karen Townshend) then gave a verbal summary of the written report and advised that the Sub-Committee had before it, for its consideration, as set out in item A.1 of the Report of the Corporate Director (Operational Services), an application for the grant of a Premises Licence for Ashlyns House, 83 Fourth Avenue, Frinton-on-Sea, Essex.

Section 2.2 of the written report set out the proposed opening hours for the premises which were:-

Mondays to Sundays                                      1100 to 2300

Section 3.0 of the written report set out the licensable activities which were:-

Provision of Recorded Music

Mondays to Sundays                                      1100 to 2300

Sale of Alcohol on the Premises

Mondays to Sundays                                      1100 to 2300

The applicant had stated that the steps that they proposed to take to promote the statutory Licensing Objectives within the Operating Schedule and those steps were detailed in Sections 4.1 to 4.5 inclusive.

Members were further informed that one letter of representation/objection had been received from a resident in relation to this application.

No representations have been received from any other Responsible Authorities.

Members also had before them an Application Form and supporting documentation, a location plan and a copy of the representation/objection letter.

The Chairman then invited the applicant to give representations to the Sub-Committee and Mr Sugden addressed the Committee.

Mr Sugden explained that he had applied for the licence for seven days a week until 11.00 p.m. as the previous licence was held on that basis.  He was not aware until just before he was due to take over the Lease in October 2019 after speaking to the Licensing Team that the Licence had been surrendered in August 2019.  He was told by the Licensing Team that he could not therefore apply for a variation of that Licence.

He also told the Sub-Committee that the previous owners had also stripped the premises of fixtures and fittings and that he was currently undertaking a full refurbishment.  He said that he had to apply for these hours to make the business viable.  He said that he had 24-26 covers inside, with a further 20 covers on the outside patio area.

He said it would be a small family restaurant.  He had lived in Frinton-on-Sea for 35 years and his family were in the catering business, having previously run a restaurant in the area with his wife’s parents and grandparents.

Mr Sugden was asked by Members whether there was enough room in the outside area for 20 and he explained that it was a small patio area with a small grassed edge and then the pavement and he wished to use this patio area during the Summer months as this would help to make the business more viable.

The issue of parking was raised and discussed.

Mr Sugden was asked about the letter of objection from Mr Kirby in relation to his concerns about the closing times.  Mr Sugden was asked if he would be prepared to compromise on the opening times and he stated that he needed to earn a living and it would not be a viable business if he had to close the premises at 8.30 p.m.   He was hoping that he would pick up business from the patrons using the nearby Theatre and he was aiming his business at families and couples.  If he was allowed to use the outside patio area this would help his income.

The Sub-Committee, the Council’s Solicitor and the Legal and Governance Administration Officer then withdrew from the meeting in order for the Sub-Committee to consider the application and reach a decision.

After a period of time, the Sub-Committee, the Council’s Solicitor and the Legal and Governance Administration Officer returned to the meeting and the Council’s Solicitor confirmed that she had not provided any specific legal advice to the Sub-Committee whilst it was making its decision.

The Chairman of the Sub-Committee then read out the following decision:-

Application No: 20/00007/PREMGR – Application for the Grant of a Premises Licence – Different (Essex) Ltd, Ashlyns House, 83 Fourth Avenue, Frinton-on-Sea, Essex

“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, the representations received from residents along with the Guidance issued by the Secretary of State and other matters set out in the Licensing Authority’s own Statement of Licensing Policy.

The decision of the Sub-Committee is to Grant this application in full.  Namely opening hours Mondays to Sundays of 11.00 a.m. to 11.00 p.m. (or 2300 hours) including the provision of recorded music and the sale of alcohol on the premises, inside the premises only.

The Applicant has also been made aware that the premises has planning permission to 10.30 p.m. (or 22.30 hours).

Finally, I must mention that all parties who are aggrieved at the decision of the Sub-Committee have a right of appeal to the Magistrates’ Court.

This decision was made today, 28 February 2020 and will be confirmed in writing to all parties.”