The Sub-committee resolved that Cllr Haigh 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.

The report before the Sub-Committee provided information relating to an application for a variation to the current Premises License.

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

Licence holders were required, when offering any licensable activity, to ensure that they promoted the four licensing objectives at all times which were:

·                Prevention of crime and disorder

·                Prevention of public nuisance

·                Public safety

·                Protection of children from harm

The application was brought before the licensing sub-committee for determination on 28 August 2018 following representations from Responsible Authorities (the Police, Environmental Health Noise Team and the Licensing Department of the Council) and following representations by three Other Persons (local residents Atkins, Gregori and English). It was noted that the two Other Persons Ms Kate Gregori and Mr John English, who had concerns that the premises were going to ‘morph’ into a late night bar that would in turn lead to an undermining of the four licensing objectives, that were represented by Dadds LLP, were not in attendance having indicated that they would not be attending but would like the contents of their representation considered.

The sub-committee first heard from the licensing officer who outlined her report.

This premise was currently a restaurant specialising in Mediterranean cuisine on a ground and first floor situated in Brentwood High Street, and it was currently licensed for the Sale by Retail of Alcohol & Late Night Refreshment.

The applicant was seeking to amend Annex 3 condition to:

 “All sales of alcohol on the ground floor shall be sold ancillary to table meals, such meals being prepared on the premises and consumed at a table.”

 The current premises licence Annex 3 condition read:

“All sales of alcohol shall be made ancillary to a table meal service, such meals being prepared on the premises and consumed at a table. The holding areas which shall be restricted to 20 persons at any one time.” 

The sub-committee then heard from Peter Jones, Essex Police, as a Responsible Authority. He outlined their objections to the application that the amendment of the wording of the condition would allow the premises to operate in an entirely different manner without the control measures to which other such vertical drinking High Street establishments would be required to conform. This would increase the likelihood for alcohol related crime and disorder and public nuisance. Essex Police had proposed a number of conditions that if accepted would satisfy their representation.

The Committee then heard from Stephen Blake, Environmental Health Noise Team, that the applicant had not taken sufficient measures to control noise break out from the premises and that no acoustic reduction measures were  ...  view the full minutes text for item 108.