The Sub-Committee resolved that Cllr Wiles 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.

No declarations of interest were made.

The report before the Sub-Committee provided information relating to an application for a new premises license at Shenfield Station News Kiosk, Shenfield Station, Hutton Road, Shenfield, Essex CM13 8JD.

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.

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 would have in place in order to promote these objectives. Such measures would, where appropriate, be converted into enforceable conditions on any licence issued.

The four licensing objectives were;

·                Prevention of crime and disorder

·                Prevention of public nuisance

·                Public safety

·                Protection of children from harm

Any representation must be able to demonstrate that on the balance of probability the application in its current form would fail to adequately promote one or more of the licensing objectives. No other matters might be considered.

The application was received on 8^th March 2018 from Mr Mitul Mahendrabhai Patel in respect of Shenfield Station News, Shenfield Station, Hutton Road, Shenfield, Essex, CM15 8JD and a copy of the application was appended to the report in the agenda as Appendix A.

The premise was a small news kiosk situated within the Shenfield Station ticket office area, currently selling newspapers, drinks, sweets and confectionery.   An OS Street Map and frontage images were appended to the report as Appendix B and the applicant provided an amended plan of the kiosk to the Sub-Committee at the meeting.

The applicant sought a new premises licence to conduct the following licensable activity:

·           Supply of Alcohol - 06:00 to 21:00 Monday to Sunday

Two valid representations had been received from the Responsible Authorities.

The first representation was from British Transport Police which related to all the licensing objectives focusing on the theft of alcohol, increased issues relating to the consumption in the station and increased public safety risk. A copy of the full representation was attached to the report at Appendix C and Mr Stephen Morrison attended the meeting to address Members regarding the concerns raised.

The second representation was from the Licensing Authority and related to the prevention of crime and disorder objective, around the supervision of the alcohol and risk of theft from its location. A copy of the full representation was attached to the report as Appendix D and Mr Dave Leonardattended the meeting to address Members regarding the concerns raised.

Members were reminded that any  ...  view the full minutes text for item 355.