Democracy - Agenda and draft minutes

Agenda and draft minutes

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Contact: Zoe Borman (01277 312 736) 

Items
No. Item

Live broadcast

170.

Appointment of Chair

Minutes:

Members resolved that Cllr Barber would chair the meeting.

 

171.

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 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.

 

172.

Determination of Objection to Temporary Event Notice - Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ pdf icon PDF 139 KB

Additional documents:

Minutes:

The Licensing Office had received an objection from the Essex Police Senior Licensing Officer, Mr Gary Burke, with regards to a Temporary Event Notice (TEN) submitted in relation to in-house events to be held at Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ on Saturday 13 November 2021 and Sunday 14 November 2021. The objection relates to the prevention of crime & disorder licensing objective.

 

Section 104 (2) Licensing Act 2003, allows the Police or Environmental Health to object to a Temporary Event Notice if they believe that allowing the premises to be used in accordance with a Temporary Event Notice will undermine one or more of the licensing objectives.

 

The licensing objectives are:

 

·         The prevention of crime and disorder

·         Public safety

·         The prevention of public nuisance

·         The protection of children from harm.

 

The Committee in making its determination 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 2005 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 noted the presence of the Applicant at the hearing and accordingly, the Committee agreed to proceed with the hearing.

 

The Committee also noted that the Essex police were agreeable to a last entry time of 1:00 am, if the condition could be modified.

 

The Applicant had communicated to the licensing authority that it was 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 1:00am.

 

The Committee considered carefully the difference in the proposed entry times but ultimately found that the police’s representations and being agreeable to the entry/re-entry time of 1:00am carried weight and merit.

 

The committee noted that they could only apply conditions from the original notice to the temporary event notice having sought legal advice. On that basis the Committee resolved to accept a written assurance from BLOC 40 that they will fully comply and undertake with the requirement from Essex Police that last entry be at 1:00am. The Committee further applied all other conditions as requested on the original notice to the temporary event notice.

 

The Committee imposed all the existing conditions on the premises licence the temporary event notices pursuant to s106A of the Licensing Act 2003, save for condition 8 of Annex 3, requiring last entry/re-entry time to be at midnight. The Applicant seeks a last entry/re-entry time of 1:00am and has offered an undertaking to this effect.