An application had been received for a new premises licence to allow for the provision of late-night refreshment at Chick N Shack, 119 High Street, Brentwood CM14 4RX.

Representations had been received from the following three Responsible Authorities - Brentwood Borough Council’s Licensing & Environmental Health departments and Essex Police (Licensing). There were no representations received from Other Persons.

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

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

The sub-committee in making its determination has also had regard to the Authority’s own licensing statement and guidance issued by the Secretary of State under section 182 of the same Act.

The Committee considered all the written evidence and the representations made at the hearing. The Committee considered carefully the concerns raised by the Environmental Health Officer, Mr David Carter, but noted that Essex Police and the Licensing Authority were content with the application now that certain conditions had been agreed.

Considering all of the evidence, the Committee resolved to grant the application, subject to conditions contained in the Operating Schedule, any applicable mandatory conditions, and the conditions as agreed between Essex Police, the Licensing Authority and the Applicant as amended by the Committee. These conditions are required to promote the licensing objectives.

The conditions proposed by the Police and agreed by the Applicant have been imposed in full by the Committee. These are:

1.    The premises shall have installed and maintain a closed-circuit television surveillance (CCTV) system which at all times complies with the below requirements:

i. CCTV will be provided in the form a recordable system, capable of providing pictures of evidential quality {in all lighting conditions} particularly facial recognition;

ii. CCTV cameras shall cover all entrances {and exits} and the areas where sales take place;

iii. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in good working order and kept for a minimum period of {31} days; Upon the reasonable request of the police or licensing authority staff, within 48 hours viewable copies of recordings will be provided

2.    Signs must be displayed at all entrances {and exits} advising customers that CCTV is operating at the premises and shall be a minimum size of 200 x 148 mm and clearly legible at all times when the premises conducts licensable activities.

3.    Door supervision by SIA licensed door supervisors must be provided every day. On these days, door supervisors must be on duty from 2300 until at least 30 minutes after the premises has closed.

4.    All SIA licensed door supervisors engaged at the premises for the purpose of supervising or controlling queues or customers must wear a form of high visibility clothing {jackets/vests/ armbands]

5.    Clear and legible notices must be prominently displayed at all exits requesting customers to respect local residents and leave the area quietly. {These signs shall be a minimum size of 200mm x 148 mm}.

The conditions proposed by the licensing authority, agreed in principle by the Applicant and amended by the Committee are:

1.    Signage should be placed at the entrance to the premises to ask customers to park lawfully, abiding by the parking restrictions and safely when collecting takeaways.

2.    Any website should provide the same message as above and direct customers to the nearest lawful parking areas.

3.    All delivery drivers, both employed direct or acting through a third-party provider must not park, stop or wait along the length of the parking restrictions of the High Street or adjacent roads unless in a designated loading bay. A written policy/procedure must be in place and agreed with the Licensing Authority that covers the daily management of the parking of customers and delivery drivers when collecting takeaway orders.

4.    Door supervision staff should actively engage with customers and delivery drivers to encourage adherence with parking restrictions and to discourage noise, littering and other anti-social behaviour near the vicinity of the premises.

The Decision of the Committee was to grant the application in full on the terms and conditions contained in the Operating Schedule, any applicable mandatory conditions, and the conditions as agreed between Essex Police, the Licensing Authority and the Applicant as amended by the Committee.