This application for a premises licenceis made by ACE Coffee & Bagel (Upminster) Limited under section 17 of the Licensing Act 2003. 

Licensing Act 2003

Notice of Decision

DETAILS OF APPLICATION

PREMISES

Ace Coffee & Bagel

1 Station Road

Upminster

RM14 2SJ

Details of the application

The application was to permit the following licensable activity:

Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.

SUMMARY

There were no representations against this application from any residents of businesses in the vicinity of the premises.

There were two representations against this application from responsible authorities, namely the Police and the Planning Authority.

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

The Applicant  was represented by a licensing agent who made submissions on his behalf.     

Decision

The Sub-Committee have considered an application for a new premises licence for Ace Coffee and Bagel situated at 1 Station Road Upminster RM14 2SJ. Representations were originally made by a) the Council's Licensing Authority  on the grounds  of the Prevention of Public Nuisance and  the Protection of children from harm, b) the police  on the grounds of the Prevention of Crime and Disorder and the Prevention of Public Nuisance  and c) the council’s Planning Team.

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. 

The Licensing Sub-Committee decided to grant the licence to the applicant.

REASONS

Withdrawal of Representations

On the morning of the hearing the Licensing Sub-Committee was informed that, as a result of the applicant’s response to the representations made by the police and the Licensing Authority, those representations had been withdrawn. This left only the representations from the Planning Team.

The Planning team representations stated the following:

“An application was previously refused on this site for the change of use under application reference J0030.18 for the change of Use from general retail A1 Use to A3 Café (Decision notice will be sent through as well). The running of this business at this site is considered to be unlawful due to the works being carried out without the benefit of planning permission. It is unknown whether the new use would be acceptable or not because it has not been tested through a planning application. The lack of permission also means there are no standard controls on the operations at the premises such as noise, hours of use and ensuring any extract machinery are of a satisfactory standard. Accordingly this licence is strongly objected to.”

A LBH Planning Control decision notice dated 23.11.18 in respect of the premises was included with the Planning  ...  view the full decision text for item 6.