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Agenda and draft minutes

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Items
No. Item

Live broadcast

121.

Appointment of Chair

Minutes:

Members resolved that Cllr Gelderbloem would Chair the meeting.

 

122.

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 matter 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.

 

123.

BLOC 40, FIRST FLOOR 40 HIGH ST, BRENTWOOD CM14 4AJ Application to Review a Premises Licence - Licensing Act 2003 pdf icon PDF 159 KB

Additional documents:

Minutes:

Essex Police (“the Police”) had submitted an application for a review of the premises licence for Bloc 40, First Floor, 40 High Street, Brentwood, CM14 4AJ (“the Premises”).  The premises licence is held by AA Trading Ltd (“the PLH”). 

The director of the PLH company is Mr Ahmet Melin.  The Premises trades as a nightclub and is authorised for licensable activities (sale by retail of alcohol and regulated entertainment) between 11:00-02:00 seven days per week, with a closing time of 02:30.  The Sub-Committee was told that the Premises is mostly used for private events.

 

Relevant representations were received from two responsible authorities: the Environmental Health team and the Licensing Authority.  Two other persons – residents on Alfred Road – submitted relevant representations.

 

The Sub-Committee held a hearing on 30 August 2023 to consider the application and representations.

 

In making its decision, the Sub-Committee has taken into account all of the papers in the reports pack, CCTV footage of incidents on 16 June 2023 and 23 July 2023, and the evidence and submissions made by the parties at the hearing.  It has also taken into account the Council’s statement of licensing policy, the Home Office’s statutory guidance and the sub-committee’s local knowledge of the area surrounding the Premises.

 

The Sub-Committee’s decision is to revoke the licence.  Its reasons are as follows.

 

In 2021, there was a serious stabbing incident at the Premises which, following a summary review, resulted in a series of tough conditions being added to the premises licence. 

 

A little over two years later, there was another serious incident of violence at the Premises.  The Sub-Committee was shown footage of a mass brawl which broke out during a 14th birthday party being hosted at the Premises on 16 June 2023.  The Sub-Committee was told by the PLH’s legal representative that there was one SIA-registered door supervisor on duty that evening (although this has not been verified by the security log, which the PLH has failed to provide to the Police despite requests) and one parent present in the Premises (who is not visible in the footage shown to the Sub-Committee).  The PLH did not challenge the Police’s evidence that the PLH’s staff had allowed intoxicated children into the venue, many without proper searches, and it is possible that these failings contributed to the violence which later occurred.  The PLH’s legal representative stated that this was a private event which was due to finish at 9pm.  However, the CCTV footage shows that the event was still well underway after 9pm, when the incident occurred.  During the melee, Mr Melin was knocked to the floor and broke his shoulder.  It is apparent from the footage that there were insufficient staff present to manage the situation and it is clear that the PLH completely lost control of the incident, with teenage boys jumping over the bar and grabbing spirit bottles (which were on display and unsecured, despite this being an event for children) to use as weapons.  The fight then  ...  view the full minutes text for item 123.