The Sub-committee resolved that Cllr McCheyne 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 Members provided information of an application for a new premises license in respect of 236 Hutton Road, Shenfield CM15 8PA.

Members were requested to determine the application having regard to the operating schedule, the representations received, the Council’s Statement of Licensing Policy and the four Licensing objectives.

This application was received on 23 August 2016 from Mr Kinnear in respect of 236 Hutton Road, Shenfield CM15 8PA.

The applicant described the premises as a restaurant and bar which was located in a high street style shopping parade with occupied residential flats above and was directly opposite Shenfield Railway Station.

The applicant sought a premises licence for the provision of the following licensable activities for the following hours;

Sale of alcohol;

08:00hrs-23:30hrs Sunday-Thursday and

08:00hrs-01:00hrs Friday & Saturday.

Live Music & Recorded Music, Performance of Dance & Anything Similar;

12:00hrs-00:00hrs Monday-Saturday and

12:00hrs-23:00hrs Sunday

Late Night Refreshment

23:00hrs-23:30hrs Sunday-Thursday and

23:00hrs-01:00hrs Friday & Saturday

Seasonal Variations

On the following days the permitted hours might be extended for an additional hour;

Thursday, Friday, Saturday & Sunday of the Easter weekend. Friday, Saturday & Sunday of both May Bank Holidays & the August Bank Holiday, Christmas Eve & Boxing Day. Burns Night, Valentine’s Day, St David’s Day, St Patrick’s Day, St George’s Day, St Andrew’s Day & Halloween provided that day is not followed by a normal working day

On New Year’s Eve from the end of permitted hours until the start of permitted hours on the following day.

Opening Hours

08:00hrs-00:00hrs Sunday-Thursday

08:00hrs-01.30hrs Friday & Saturday

A set of conditions was proposed by the applicant in the operating schedule.

The application was brought before the licensing sub-committee for determination following representations by responsible authorities (Essex Police and the Council’s Environmental Health department) and following representations by local residents. Following discussions with the Police prior to the hearing, the Police withdrew their representation due to the acceptance by the applicant  of a condition relating to operation of a Challenge 25 age verification policy.

The sub-committee first heard from the licensing officer who outlined his report. The sub-committee then heard from the Council’s Environmental Health (noise control) officer who outlined concerns regarding the running of a bar run by the applicant which was situated immediately next door to the applicant business. The sub-committee was informed that the neighbouring business was currently being prosecuted for breach of noise abatement notices but was informed by the applicant’s solicitor, Mr Dadds, that  this prosecution was being defended with vigour. 

The sub-committee then heard from an objector, Mrs Holland. Following questioning from Mr Dadds, Mrs Holland informed the sub-committee that she was related to the landlord of the neighbouring business, Hollands Wine Bar, and she accepted that the Holland family had fallen out with the applicant over the running of that business. Mr Dadds submitted that the Holland family opposition to the current application related to disagreements relating to the landlord relationship with the applicant from the neighbouring business rather than anything to do with the applicant business.

The sub-committee then heard from Mr  ...  view the full minutes text for item 181.