Agenda and draft minutes
Venue: Council Chamber, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY
Contact: Zoe Borman (01277 312 736)
Appointment of Chair
Members RESOLVED that Cllr Bridge would Chair the meeting.
Members are respectfully reminded 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 matters listed
below, they were exercising an administrative function with the civil burden of
proof, i.e. ‘on the balance of probabilities’. The matter would be determined
on the facts before the Sub-Committee and the rules of natural justice would
An application had been received for a review of the premises licence in
respect of Brave Nelson, 138 Woodman Road, Warley CM14 5AL.
Eleven relevant representations have been received during the
consultation period. The review relates to the Licensing objectives:
Prevention of Crime & Disorder and Public Nuisance.
In coming to a determination of the application the Sub-Committee must carry out its function in accordance with the Licensing Act 2003 with a view to promoting the licensing objectives:
a. The prevention of crime and disorder;
b. Public safety;
c. The prevention of public nuisance; and
d. The protection of children from harm
Mr Paul Adams presented the report. The Sub-Committee then heard representations from Mr Leonard of the Licensing Authority, and from residents Ms Strudwick and Mr Palmer.
The Licensee, Mr Duly, was present at the meeting accompanied by his representative, Mr Dadds.
The Sub-Committee considered the application, together with all of the relevant representations submitted, and the submissions made at the hearing including on behalf of the Premises Licence Holder.
The Sub-Committee were concerned to hear that, despite a counter-notice having been issued specifically prohibiting the showing of the England football match on 7 July 2021 where it continued after 10pm, the Premises Licence Holder chose to go ahead and show that match. It accepted the evidence that the premises had been noisy on that occasion. It concluded that this was a breach of the Premises Licence, in that condition 7 of Annex 2 to the Licence prohibits use of the garden area after 2200 save for smoking (limited to 15 people). There appeared to be no dispute that the garden area was being used by more than 15 people after 2200 that day, and not for smoking.
It noted that counsel for the Premises Licence Holder suggested that, as a matter of law, this was not in fact a breach of that condition, on the following basis:
(a) any sales taking place would have been off-sales, because the garden area was not part of the ‘premises’;
(b) Section 174F(4) – (6) of the Licensing Act 2003 temporarily varied the licence in that any conditions that would prevent an off-sale prior to 2300 were suspended; and
(c) That applied to condition 7 of annex 2.
The Sub-Committee took legal advice on that submission, and the legal advice was given at the hearing in advance of the opportunity for the Premises Licence Holder to sum up, in order that his counsel could specifically address the advice.
In summary the advice was:
(a) S.172F applied to conditions prohibiting off-sales. It only had any effect where the condition in question prohibited off-sales; that would in turn depend on whether the garden area was (or was not) part of the premises; the plans, and a number of the conditions on the licence, indicated that the garden area was part of the licensed premises (such that sales for consumption there would be on sales, not off sales);
(b) In any event, even if ... view the full minutes text for item 149.