The Committee is requested to appoint a chair.

RESOLVED to appoint Cllr Reed to chair this meeting of the Sub-Committee.

Members are respectfully reminded that, in determining the matters listed below, they are exercising a quasi-judicial 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 matter listed under Minute 114, they were exercising a quasi-judicial function with the civil burden of proof, that the matter would be determined on the facts before the Sub-Committee and the rules of natural justice applied.

The Licensing Act 2003 established a single integrated scheme for licensing premises used for the supply of alcohol, regulated entertainment or provision of late night refreshment. 

The purpose of the licensing system was the promotion of four licensing objectives:

·                Prevention of crime and disorder

·                Prevention of public nuisance

·                Public safety

·                Protection of children from harm

The Sub-Committee took those objectives into account in determining the matters before it, together with the following:

·         Guidance Notes on the Conduct of Hearings before the Licensing/Appeals Committee

·         Brentwood Borough Council’s Statement of Licensing Policy

·         The statutory guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003.

An application for a new Premises License had been received in respect of NTK  Foodstore, 72-74 Ongar Road, Brentwood, CM15 9AX and was before the Sub-Committee as representation had been received from  an interested party relating to the prevention of crime and disorder, also from a  Member expressing concern regarding the time alcohol would be on sale but this was withdrawn in view of the conditions proposed by the Essex Police Licensing Officer and accepted by the applicant.

The Sub-Committee had before them the details of the application which was for this  minimarket to be able to sell alcohol for consumption off the premises for the following hours;

·         08:00hrs-23:00hrs on Monday to Thursday and

·         08:00hrs-00:00hrs on Friday to Sunday 

The Committee was addressed by the Council’s Licensing Officer who introduced the application.  Members’ attention was drawn to the relevant paragraphs of the Council’s Licensing Policy and Statutory Guidance.

The Sub-committee was  addressed by the applicant ‘s representative  Mr Aydemir who spoke in support of the application and addressed the concerns of the objector which were included in the agenda.

No representations had been received from any of the Responsible Authorities but the Police observations and agreed conditions were before the Sub-Committee.  Members were  advised that the applicant had consented to operate with the conditions proposed by the Essex Police Licensing Officer and  had stated that training programmes were in place and that training records would be retained.

The Sub-Committee had the opportunity to ask questions of the applicant’s representative and considered at length the submissions from all parties.  Members were satisfied that the conditions listed in the report at paragraphs 5.2 and 5.3 on page 9 of the agenda were sufficient for the promotion of the licensing objectives and therefore RESOLVED  to grant the application as applied for(subject to the points at paragraphs 5.2 and 5.3 being conditions on the licence).

__________________