The Sub-committee resolved that Cllr Newberry should chair the meeting.

Members are respectfully reminded that, in determining the matters listed below, they are exercising an administrative function with the civil burden of proof, i.e. ‘on the balance of probabilities’.  The matter will be determined on the facts before the Sub-Committee and the rules of natural justice will apply.

Members were respectfully reminded that, in determining the matters listed below, they were exercising an administrative function with the civil burden of proof, i.e. ‘on the balance of probabilities’.  The matter would be determined on the facts before the Sub-committee and the rules of natural justice would apply.

There were no declarations of interest.

The report before the Sub-committee provided information relating to an application for a review of the premises licence held in respect of Brentwood Snooker Club, currently trading as the Sports Lounge, 40 High Street, Brentwood, CM14 4AJ.

Members were requested to determine the application for review submitted under provision of section 51, Licensing Act 2003 (the Act) by the Council’s

Environmental Health and Pollution team, having regard to the operating

schedule, the representations received, the Council’s Statement of Licensing

Policy and the four Licensing objectives.

The review had  been submitted following concerns over noise and disturbance,

failure to comply with licence terms and conditions and perceived inability by the

licence holder to adequately promote the licensing objectives.

Members were reminded that an authorisation was required in respect of any premises where it was intended to conduct one or more of the four licensable activities, these being:

·         Sale of alcohol

·         Supply of alcohol (in respect of a club)

·         Regulated Entertainment

·         Provision of Late Night Refreshment

An appropriate authorisation was either  a premises licence, a club premises

certificate or a Temporary Event Notice.

Licence holders were required, when offering any licensable activity, to ensure that they promoted the licensing objectives at all times. The operating schedule of the application contained details of the activities applied for and the control measures that the applicant had in place in order to promote these objectives. Such measures would, where appropriate, be converted into enforceable conditions on any licence issued.

Members noted that the licence for the premises known as the Sports Lounge was transferred to the current licence holders having been initially applied for by and granted to, a Snooker Club. In the absence of any valid application to vary the licence, the Sports Lounge was required by law to operate and conduct all licensable activity in accordance with the terms and conditions of the original (Snooker Club) Licence.

A provision for any Responsible authority or any ‘other person’ was built into

Section 51 of the Act, which permitted them to apply for a review of the premises

licence in cases where it was believed or perceived that the licensing objectives were not being adequately promoted.

The four licensing objectives were:

·         Prevention of crime and disorder

·         Prevention of public nuisance

·         Public safety

·         Protection of children from harm

No objective carried any more weight than any other and these objectives were the only matters that might be considered relevant in determination of any application, including an application for review.

The existing Premises Licence permitted the following:

·         Sales of alcohol Monday to Sunday 11:00AM to 02:30AM

·         Indoor Sporting Events Monday to Sunday 11:00AM to 03:00AM

No other licensable activities were permitted under the current authorisation.

The application was received on 2 June 2016 from the Council’s Environmental

Health and Pollution team following complaints and investigations relating to

noise and disturbance from the premises. A copy of the application was before Members.

The grounds for review had been stated on the application and were concerned

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