The report before members provided information of an application for a new premises license in respect of Wildwood, 9-11 High Street, Brentwood CM14 4RG.

Members were requested to determine the application having regard to the Application, the representations received and the Council’s Pavement Permits Policy. 

The application was received on 31 August 2016 from Tasty plc in respect of Wildwood, 9-11 High Street, Brentwood CM14 4RG and a copy was before the sub-committee.  The applicant initially sought a pavement permit to place 8 two-top tables, 16 chairs, 10 posts and 8 barriers on the public footway directly outside Wildwood, 9-11 High Street, Brentwood CM14 4RG in an area measuring 10m x 2m for the following hours:

            11:30hrs - 23:00hrs Monday-Thursday

            11:30hrs - 23:30hrs Friday & Saturday

            11:30hrs – 22:30hrs Sunday

Following consultation prior to the sub-committee meeting  with the Licensing Office and Mrs Elaine Hanlon (Environmental Health), and in accordance with the Brentwood Borough Council Pavement Permit Policy, it was agreed that the number of tables and chairs, and the hours applied for, were reduced to;

4 two-top tables, 8 chairs and no barriers in an area measuring 10m x 2m for the following hours;

            11:30hrs – 22:00hrs on Monday - Sunday

One representation was received from the Responsible  Authorities:  Mrs Hanlon (Environmental Health - Health & Safety)  had concerns from a public safety point of view that the minimum distance between the tables and chairs and a fenced in tree directly outside the premises was insufficient to allow safe passage and failed to conform to Brentwood Borough Council’s own Pavement Permit Policy. Mrs. Hanlon’s representation together with her dialogue with the applicant and observations and recommendations from the Essex Police Licensing Officer and the Essex County Fire & Rescue Service were attached as Appendix 2. 

Members noted that, in accordance with the Highways Act 1980, the Council was required to seek the consent of the frontagers with an interest in the application. In this instance, both neighbouring premises, Paradise Stores of 7 High and B&M Cycles & Toys of 13 High Street  were notified and both made representation against the application citing that the available distance between Wildwood, the proposed tables, chairs & barriers and the fenced off tree would be insufficient for convenient pedestrian access and that this in turn would encourage them to circumvent the fenced tree thus taking potential customers away from their shops. A further representation, received from Ward Councillor  Mrs Slade, cited the potential health issues caused from secondary smoking by those seated outside. These representations were attached as Appendix 3.

The Licensing Officer attended the location and recorded the distances from the tree planter fence to the frontage of the Wildwood restaurant with a laser measurement device. The readings were 2.571m at the greater distance and 2.481m from the narrowest point. The Brentwood Borough Council Pavement Permit Policy and Guidance Notes were attached at Appendix 5. 

The application guidance provided that "it is essential in all cases that an absolute minimum width of 1.8 metres of unobstructed highway is kept free for safe and convenient pedestrian movement".

The area was within a Designated Public Place Order, which evoked standard permit condition 15, which stated that " If the area to be licensed is contained within a Designated Public Places Order Zone then the area shall be clearly delineated by the use of barriers of a suitable nature to be agreed with the Licensing Authority".

A few days before the Sub-committee meeting, the applicant submitted two alternative seating plans (Options 1 and 2) and during the Sub-committee meeting two additional alternatives (Options 3 and 4) were submitted. 

The Sub-committee considered in detail the written materials presented to it in the agenda and the photos and alternative seating plans presented to it at the meeting as well as the oral representations made. The Sub-committee had concerns over the flow of pedestrian traffic along the shop fronts, a point brought up in the objections from the neighbouring businesses. However, the Sub-committee was satisfied that Option 2 with tables away from the shop front and arranged around the fenced tree dealt with all the legitimate concerns from objectors. This option allowed for pedestrian flow along the shop fronts and would keep any cigarette smoke well away from neighbouring businesses.

 The Sub-committee therefore resolved to grant the application based on the plan submitted as Option 2 (attached for information).