Councillor 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 166 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, however, Cllr Reed advised that he was a personal license holder on behalf of Brentwood Theatre.

The report before Members provided information relating to the application for a premises license at McColls, 4 The Keys, Eagle Way, Great Warley CM13 3BP.

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 licence was received on 5 August 2015  in respect of McColls, 4 The Keys, Eagle Way, Great Warley Brentwood CM13 3BP and was put before Members.

The premises was a newsagents and general convenience store and the application was for a premises license for the provision of the sale of alcohol for the following hours; 06:00hrs-2300hrs daily.

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

One valid representation had been made which related to a number of serious assaults that been carried out on staff in the past and a concern that granting a licence to sell alcohol may exacerbate the situation and put staff and customers at risk.

The sub committee was addressed by the applicant.  There was no objector present at the meeting.

The applicant advised that the additional financial turnover following the purchase of the goodwill and stock from the neighbouring off licence would allow for two members of staff to be on the premises at all times.

The applicant also confirmed the store manager had now obtained a personal license and was the Designated Premises Supervisor.

The sub–committee considered the reports presented to it and the representation for and against the application.  Upon consideration, the sub-committee

RESOLVED UNANIMOULSY

to grant the application as applied for  with the following amendment to the agreed conditions set out in full below.

That two members of staff shall be on the premises at all times during which the premises license permits the applicant to carry out licensable activities.

Members took the view that the above additional condition was necessary in order to meet the licensing objectives.

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

·       The premises shall have sufficient cameras located within the premises to cover all public areas including the entrance and exit and where the sale of alcohol take place.

·       The CCTV system must be operating at all times whilst the premises are open for licensable activity.  All equipment shall have a constant and accurate time and date generation.  All recorded footage must be securely retained  ...  view the full minutes text for item 166.