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Members RESOLVED that Cllr Bridge would 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 had been received for a new premises licence to allow for the provision of late-night refreshment at Chick N Shack, 119 High Street, Brentwood CM14 4RX.

Representations had been received from the following three Responsible Authorities - Brentwood Borough Council’s Licensing & Environmental Health departments and Essex Police (Licensing). There were no representations received from Other Persons.

Members were requested to determine the application having regard to the operating schedule, the representations received, the Secretary of State’s guidance, Brentwood Borough Council’s Statement of Licensing Policy and the four Licensing objectives.

In coming to a determination of the application the Sub-Committee must carry out its function 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 has 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 Committee considered all the written evidence and the representations made at the hearing. The Committee considered carefully the concerns raised by the Environmental Health Officer, Mr David Carter, but noted that Essex Police and the Licensing Authority were content with the application now that certain conditions had been agreed.

Considering all of the evidence, the Committee resolved to grant the application, subject to conditions contained in the Operating Schedule, any applicable mandatory conditions, and the conditions as agreed between Essex Police, the Licensing Authority and the Applicant as amended by the Committee. These conditions are required to promote the licensing objectives.

The conditions proposed by the Police and agreed by the Applicant have been imposed in full by the Committee. These are:

1.    The premises shall have installed and maintain a closed-circuit television surveillance (CCTV) system which at all times complies with the below requirements:

i. CCTV will be provided in the form a recordable system, capable of providing pictures of evidential quality {in all lighting conditions} particularly facial recognition;

ii. CCTV cameras shall cover all entrances {and exits} and the areas where sales take place;

iii. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in good working order and kept for a minimum period of {31} days; Upon the reasonable request of the police or licensing authority staff, within 48 hours viewable copies of recordings will be provided

2.    Signs must be displayed at all entrances {and exits} advising customers that CCTV is operating at the premises and shall be a minimum size of 200 x 148 mm and clearly legible at all times when the premises conducts licensable activities.

3.    Door supervision by SIA licensed door supervisors must be provided every day. On these days, door supervisors must be on duty from 2300 until at least 30 minutes after the premises has closed.

4.    All SIA licensed door supervisors engaged  ...  view the full minutes text for item 152.

The Licensing Office had received objections from both consulting responsible

authorities - the Essex Police Senior Licensing Officer, Mr Gary Burke, and

the Environmental Health Manager, Mr David Carter with regards to three

Temporary Event Notices (TENs) submitted in relation to in-house events to

be held at Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ on

Sunday 17 October 2021, Saturday 23 October 2021 and Sunday 24 October

2021 & Saturday, 25 December 2021. The objections relate to the prevention of crime & disorder and the prevention of public nuisance licensing objectives.

The Committee noted the absence of the Applicant from today’s hearing but was satisfied that a notice of hearing had been sent to the Applicant and that the Applicant had been informed by the Council’s Licensing Manager on Friday 8 October 2021 that the hearing would be proceeding today. Accordingly, the Committee agreed to proceed with today’s hearing in the absence of the Applicant.

The Committee further noted that the Environmental Health objection to each of the TENs has been withdrawn on the basis that the Applicant has agreed to cease the service of alcohol at 2:30am and close the premises at 3:00am on the relevant dates of the TENs. Mr Carter, although present at the meeting, did not give representation.

However, the Committee also noted that the Essex police objection is maintained and that Essex Police’s representations are that the existing licensing conditions must be maintained to further the licensing objectives, in particular the objective of prevention of crime and disorder. In respect of those conditions, the Committee noted that it appears the Applicant has not yet complied with Condition 16 to Annex 3 (the written noise management policy) and the Committee looks forward to the Applicant cooperating with the Licensing Authority in complying with that condition as soon as possible.

The Applicant communicated to the licensing authority that it is happy to accept the existing conditions on its premises licence save for the condition requiring last entry/re-entry time to be at midnight. The Applicant seeks a last entry/re-entry time of 1:30am.

The Committee considered carefully the difference in the proposed entry times but ultimately found that the police’s representation relating to its concern about the need to prevent crime and disorder merited greater weight in coming to its final decision.

The Committee in making its determination has 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.

In respect of imposing conditions on a TEN, the Committee had particular regard to s106A of the Licensing Act 2003 and S7.38-7.39 of the Guidance issued under s182 of the Act. The Committee also noted its duty under section 17 of the Crime & Disorder Act 1998. 

The Committee considered all the written evidence and the representations made at the hearing. In light of this evidence and representations, the Committee resolved to impose the full premises licence conditions as listed at Annexes 1-3 of the premises  ...  view the full minutes text for item 153.