RESOLVED to appoint Cllr Barrett 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  XXX, 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.

Application for a Premises Licence – Licensing Act 2003 - Brave Nelson, 138 Woodman Road, Warley CM14 5AL

The report before Members provided information of an application for a new premises licence in respect of Brave Nelson, 138 Woodman Road, Warley, Brentwood CM14 5AL

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

Each application must be considered on its individual merits and, therefore, no recommendations might be made. However, the available options were:

i)             To grant the application in full on the terms and conditions contained in the operating schedule along with any applicable mandatory conditions;

ii)            To grant the application, modified to such extent as considered  appropriate in order to satisfy any relevant representations and to promote the licensing objectives; or

iii)           To reject the application in whole or in part

An authorisation was required in respect of any premises where it was intended to conduct one or more of the four licensable activities, these being:

·                     Sale of alcohol

·                     Supply of alcohol (in respect of a club)

·                     Regulated Entertainment

·                     Provision of Late Night Refreshment

An appropriate authorisation was either, a premises licence, a club premises certificate or a Temporary Event Notice.

Licence holders were required, when offering any licensable activity, to ensure that they promoted the licensing objectives at all times. The operating schedule of the application contained details of the activities applied for and the control measures that the applicant would have in place in order to promote these objectives. Such measures would, where appropriate, be converted into enforceable conditions on any licence issued.

The four licensing objectives were;

·                Prevention of crime and disorder

·                Prevention of public nuisance

·                Public safety

·                Protection of children from harm

 No objective carried any more weight than any other.

Any representation must be able to demonstrate that on the balance of   

probability the application in its current form would fail to adequately promote one or more of the licensing objectives. No other matters might be considered.

The Application

The  application was received on 9 September 2014 from Mr Paul Duley in respect of Brave Nelson, 138 Woodman Road, Brentwood CM14 5AL.

This application is submitted following meetings between the licence holder, his agent, the licensing team and members of two responsible authorities, namely the Council noise team and the Police. The application was sought to agree conditions that would allow a more efficient promotion of licensing objectives.

The application did not seek to vary the current premises licence or extend the hours of any licensable activity. It sought a new premises licence, operating to its current hours, to include conditions that were appropriate and practical together with an operating schedule that promoted the licensing objectives within the community. The conditions on the current licence were ambiguous and difficult to enforce.

The hours for the sale of alcohol for consumption on and off the premises were for the following hours;

               10:00hrs-23:00hrs on Sunday to Thursday  ...  view the full minutes text for item 233.