Agenda and decisions

OSTERIA DUE AMICI, Licensing Sub-Committee
Monday, 23rd September, 2019 11.00 am

Venue: Council Chamber - Town Hall. View directions

Contact: Taiwo Adeoye - 01708 433079  Email: taiwo.adeoye@onesource.co.uk

Items
No. Item

5.

APPLICATION TO VARY A PREMISES LICENCE - OSTERIA DUE AMICI, 39-41 Corbets Tey Road, Upminster, RM14 2AJ pdf icon PDF 4 MB

Decision:

 

Licensing Act 2003

Notice of Decision

 

 

 

 

 

PREMISES

Osteria Due Amici

39 Corbets Tey Road

Upminster

RM14 2AJ

 

 

1.       Details of requested licensable activities

 

This application to vary a premises licence is made by Mr Elton Xhetani and Mr Murat Brahilika under section 34 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 6 August 2019.

 

The application is to vary the premises plans to include the second commercial unit, no. 41, within the ambit of the licensed premises and to add a licence condition further to the provision of CCTV on the premises.

 

 

2.       Promotion of the Licensing Objectives

 

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 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 acted in accordance with regulations governing the advertising of the application.

 

 

3.       Details of Representations

 

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

 

There was a representation against this application from a responsible authority; Havering’s Planning Authority.

 

The representation was on the grounds of the prevention of public nuisance.

 

The applicants attended hearing and were represented by a Licensing Agent (Mr Matthew Bell) who made submissions on their behalf.     

 

The only representation against the application was a written representation from Planning that related to No. 41 Corbets Tey Road, Upminster which does not benefit from planning permission for A3 use.

 

The Sub-Committee noted that a planning permission for retrospective change of use from A1 to A3 ancillary use during day as a coffee shop and during evenings as an overflow area to the existing restaurant trading from 39 Corbets Tey Road and retention of a shop front was refused.  An appeal against for this refusal has been lodged with the Planning Inspector. Since then a further planning application has been submitted which was still awaiting determination.

 

The representation outlined that the licence application proposes inclusion of 41 Corbets Tey Road for A3 additional opening hours that exceed the restrictions that have been placed on the use by the planning department. In addition that the use proposed does not have lawful planning status and the application therefore does not accord with licencing Policy 6.

 

The representation from Planning was solely on the ground of prevention of public nuisance have not been alleviated through the licence application.

 

Mr Bell addressed the Sub-Committee stating that the application is to vary the premises plans to include the second commercial unit, no. 41, within the ambit of the licensed premises and to add a licence condition further to the provision of CCTV on the premises.

 

The inclusion of No 41 on the licence will enable the premises  ...  view the full decision text for item 5.