Members RESOLVED that Cllr Keeble 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.

An application was received on 3 July 2020 from Mr Kaizad Cassady on behalf of Sisu Enterprises Ltd. in respect of Dusk, Ongar Road, Pilgrims Hatch, CM15 9SS. The premise was a multi-cuisine, fine dining restaurant and lounge, with function room.

The applicant initially sought to remove two conditions attached to Annex 3 of the current premises licence granted following a Licensing Sub-Committee hearing on 1 October 2019, namely;

·           There should be a second interior door at the front entrance (3/1), and

·           Noise limiters should be installed in the outside space in discussion and agreement of the Licensing Department of the Council (3/7)

Additionally, the applicant sought the provision to supply alcohol for consumption on the premises from;

Sunday-Thursday 1200hrs-2330hrs & Friday & Saturday 1200hrs-0130hrs

The hours of opening had also been amended to;

Sunday-Thursday 1200hrs-0000hrs & Friday & Saturday 1200hrs-0200hrs

One valid representation had been received from the Responsible Authorities.

Mr David Carter, Environmental Health manager at Brentwood Borough Council had concerns relating to noise nuisance. He maintained that, since Dusk’s opening, there had been a substantial increase in the number of complaints received, largely as a result of the use of the lounge area, which as it was designed to comply with the smoking legislation was required to be at least 50% open, which significantly reduced any noise attenuation from the structure and, effectively, operated as an outside area, with associated noise from customers and any amplified music played in the area.

There had been 15 representations against the application received from Other Persons. The concerns raised by local residents generally related to the noise nuisance being caused by the playing of late-night music in the outdoor lounge/smoking area and the subsequent dispersal of patrons in an otherwise quiet, semi-rural location.

Matters recorded in the Operating Schedule (Section O of the application form) would become conditions on the licence if this application was granted, unless modified by this Committee. In this instance, Mr Shakil Islam, one of the directors of Sisu Enterprises Ltd., had submitted an accompanying statement advising what steps would be taken to address and counter the conditions he was seeking to remove from the licence, this would become the following conditions:

·                Thick curtains and thick pergola glass would be installed at the front door to ensure a significant reduction in noise escape beyond the premises

·                No regulated entertainment would be conducted outside the premises. Music would be played only within the premises.

In respect of the application seeking the provision to supply alcohol for consumption on the premises, the applicant had not yet nominated a designated premises supervisor. If granted, the mandatory condition applied:

No supply of alcohol may be made under this licence

a)  At a time when there is no designated supervisor in respect of it or,              b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.    

The application was initially heard by the Licensing Sub-Committee on                  7 September 2020 but the hearing was adjourned  ...  view the full minutes text for item 567.