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Agenda and minutes

Venue: 1-2 Seven Arches Road, Brentwood

Contact: Jean Sharp (01277 312655) 

Items
No. Item

78.

Appointment of Chair

Minutes:

The Sub-Committee resolved that Cllr Russell should chair the meeting. 

79.

Administrative Function

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.

Minutes:

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.

80.

Declarations of Interests

Minutes:

No declarations of interest were made.

81.

Licensing Sub-Committee Hearing in respect of an Application for a New Premises Licence - Licensing Act 2003 pdf icon PDF 155 KB

Additional documents:

Minutes:

The report before the Sub-Committee provided information relating to an application for a new premises license in respect of Sports Lounge, First Floor, 40 High Street, Brentwood, Essex CM14 4AJ.

 

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 14th May 2018 from AA Trading Ltd in respect of Sports Lounge, First Floor, 40 High Street, Brentwood CM14 4AJ,  A copy of the application was appended to the report in the agenda as Appendix 1. 

 

The premises at the time was a first floor snooker/pool hall and sports bar situated above retail shops in Brentwood High Street, and was licensed for the Sale by Retail of Alcohol and indoor Sporting Events.  An OS Street Map and frontage images to better identify the location was appended to the report as Appendix 2. 

 

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

 

·         Supply of Alcohol – 11:00 – 02:00 Monday to Sunday

·         Indoor Sporting Events – 11:00 to 02:00 Monday to Sunday

·         Recorded Music – 11:00 to 02:00 Monday to Sunday

 

Three valid representations had been received from two Responsible Authorities and one interested party. 

 

The first representation was from the Environmental Health team, which related to potential public nuisance that was likely to arise with the introduction of recorded music as a licensable activity and opening up an outside area with no acoustic reduction measures being proposed. 

 

The second representation was from the Licensing Authority supporting the public nuisance concerns of the Environmental Health Officer and the increased risk to public safety relating to the use of an outside area and its lack of supervision and other safeguards.  A full representation was appended to the report at Appendix 4. 

 

The third representation was from an interested party,  ...  view the full minutes text for item 81.