Cllr Newberry was appointed Chair 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.

The report before Members provided information on an application for the variation of the  premises licence in respect of Papa John’s, 106 High Street, Brentwood, CM14 4AP.

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 may 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

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

This application was received on 10 March 2015  in respect of Papa John’s, 106 High Street, Brentwood, CM14 4AP.  A copy of the application and a site map were before Members.

The premises was a food take away and provided late night refreshment.  The applicant sought to vary the premises license for the provision of late night refreshment for the hours of 23.00hars to 0300hrs daily. A site map of the location was before Members.

The application had been advertised in accordance with the Licensing Act 2003 regulations  and one representation had been received from the Responsible Authorities:  The Environmental Health officer was concerned that there were potential noise and public nuisance issues and there may be a detrimental effect on local residential properties. Details of the objections were before Members, also the response to the objections from the applicant’s agent.

The Sub-Committee considered in detail the written and oral submission and evidence provided to it and was impressed with the quality of the application and the range of conditions volunteered. It noted that the objections raised by environmental health, while well intentioned, were not supported by evidence. On balance, the Sub-Committee concluded that the conditions volunteered by the applicant were sufficient to promote the licensing objectives and they were adopted in full as conditions on the license. The Sub-Committee therefore RESOLVED UNANIMOUSLY  to grant the variation of the license for late night refreshment as applied for with the conditions summarised in the licensing report on page 9 of the agenda, but listed in full in the application  ...  view the full minutes text for item 572.