Agenda and draft minutes
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Appointment of Chair
Members RESOLVED that Cllr Bridge 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
An application had been received for a summary review of the premises licence in respect of Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ. This was the full hearing to review the premises licence and decide whether the interim steps in place should be withdrawn or modified.
Following public consultation on the review application additional representations were received from 3 Responsible Authorities and 3 Other Persons in response to the application. Members were requested to determine the application having regard to the operating schedule, the representations received, theCouncil’s Statement of Licensing Policy and the four Licensing objectives.
Mr Ben Du Feu, Legal Representative for the Council, addressed the Committee introducing a late witness statement of the applicant, Mr Melin, which had not reached all parties prior to the hearing.
The meeting was adjourned for 15 mins for the statement to be considered. The statements were accepted and Mr David Leonard, Responsible Authority for Licensing, asked for 2 emails to be considered in response. Mr Dadds, legal representative for the applicant, had no objections to the first email, however rejected the second.
Ms Liz Cox, Licensing Officer, introduced the report. Mr Gordon Ashford, Responsible Licensing Officer, Essex Police, addressed the Committee advising he had been working in partnership with the Applicant and had drawn up a list of modified conditions which it is believed directly addressed the failings identified in its assessment of the incident leading to this review.
Statements from other Responsible Authorities, Mr David Leonard, Licensing Officer, Mr Elaine Higgins, Environmental Health Officer and Mr David Carter, Environmental Health Manager, were heard. Local resident, Dr Sasha Valeri Millwood attended the committee and gave representation.
The applicants legal representative, Mr David Dadds, addressed the Sub-committee.
Having listened to all the representations, members of the Sub-committee retired to consider their decision.
In coming to a determination of the application the Sub-committee must carry
out its functions in accordance with the Licensing Act 2003 with a view to
promoting the licensing objectives:
(a) the prevention of crime and disorder;
(b) public safety;
(c) the prevention of public nuisance; and
(d) the protection of children from harm.
The Sub-committee in making its determination had also had regard to the
Authority’s own licensing statement and guidance issued by the Secretary of
State under Section 182 of the same Act.
The sub-committee considered the application under section 53A of the Licensing Act 2003 for the review of the premises licence on the basis that the premises are associated with serious crime and disorder.
The sub-committee considered all the written and oral evidence presented to it.
Pursuant to s.53C of the Licensing Act 2003 the sub-committee carefully considered the steps which it considers appropriate for the promotion of the licensing objectives.
The sub-committee wishes to observe that it considers the representations made by the licensing authority as a responsible authority were reasonable submissions to make. The sub-committee gave very careful consideration to revocation of the licence and all other options ... view the full minutes text for item 26.