Councillor Newberry was appointed Chair of the Sub Committee

Member are respectfully 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.

Members were respectfully reminded that, in determining the matter listed under minute xxx they were exercising an administrative 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.

No Declarations of Interest were made.

The report before Members provided information relating to the application for a premises license at Charlie’s Deli, 88 High Street, Brentwood, CM14 4AP, made to Brentwood Borough Council.

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

The application for a premises license was received on 5 August 2015 in respect of Charlie’s Deli, 88 High Street, Brentwood CM14 4AP and a copy of the application was before Members.  The premises was a delicatessen and provided food and non-alcoholic beverages and the application was for a premises license for the sale of alcohol for the hours of 10.00 to 23.00 hours daily.

The application had been advertised in accordance with the Licensing Act 2003 regulations.

Two valid representations had been made which related to potential public nuisance concerns emanating from the additional hours the applicant intended to operate.

The sub-committee was addressed by the applicant and a representative of  the objector and both parties were encouraged to discuss their positions. The applicant heard the concerns of the objector and provided clarification on how he intended to address them, including  not starting work in the kitchen until 09:00 and advised that planning permission had been obtained for a commercial ventilation system to assist with kitchen smells and vapour.

The applicant agreed that, in respect of his application, the hours of 10:00 to 18:00 on a Sunday would be fair in the circumstances.

The sub-committee considered in detail the reports presented to it and the representations for and against the application and noted that the objections mainly came down to issues of public nuisance.  Upon consideration, the sub-committee RESOLVED UNANIMOUSLY to grant the application as applied for, with the following amendments to the agreed conditions set out in full below.

1)    No drinks or glassware shall be permitted outside the premises at any time

2)    The licensable hours on Sundays are to be 10:00 to 18:00

Members took the view that the above conditions were necessary in order to meet the licensing objectives, specifically for the prevention of public nuisance.

In addition to the above conditions and as outlined in 5.1 of the report, the applicant had after consultation with the Police stated that:

·         The premises shall install and maintain a comprehensive CCTV system covering the internal and external of the premises.  It will also cover all entry and exit points enabling full frontal identification of every person entering in any light  ...  view the full minutes text for item 132.