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Agenda item

Determination of Objection to Temporary Event Notices

Minutes:

The Licensing Office had received objections from both consulting responsible

authorities - the Essex Police Senior Licensing Officer, Mr Gary Burke, and

the Environmental Health Manager, Mr David Carter with regards to three

Temporary Event Notices (TENs) submitted in relation to in-house events to

be held at Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ on

Sunday 17 October 2021, Saturday 23 October 2021 and Sunday 24 October

2021 & Saturday, 25 December 2021. The objections relate to the prevention of crime & disorder and the prevention of public nuisance licensing objectives.

 

The Committee noted the absence of the Applicant from today’s hearing but was satisfied that a notice of hearing had been sent to the Applicant and that the Applicant had been informed by the Council’s Licensing Manager on Friday 8 October 2021 that the hearing would be proceeding today. Accordingly, the Committee agreed to proceed with today’s hearing in the absence of the Applicant.

 

The Committee further noted that the Environmental Health objection to each of the TENs has been withdrawn on the basis that the Applicant has agreed to cease the service of alcohol at 2:30am and close the premises at 3:00am on the relevant dates of the TENs. Mr Carter, although present at the meeting, did not give representation.

 

However, the Committee also noted that the Essex police objection is maintained and that Essex Police’s representations are that the existing licensing conditions must be maintained to further the licensing objectives, in particular the objective of prevention of crime and disorder. In respect of those conditions, the Committee noted that it appears the Applicant has not yet complied with Condition 16 to Annex 3 (the written noise management policy) and the Committee looks forward to the Applicant cooperating with the Licensing Authority in complying with that condition as soon as possible.

 

The Applicant communicated to the licensing authority that it is happy to accept the existing conditions on its premises licence save for the condition requiring last entry/re-entry time to be at midnight. The Applicant seeks a last entry/re-entry time of 1:30am.

 

The Committee considered carefully the difference in the proposed entry times but ultimately found that the police’s representation relating to its concern about the need to prevent crime and disorder merited greater weight in coming to its final decision.

 

The 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.

 

In respect of imposing conditions on a TEN, the Committee had particular regard to s106A of the Licensing Act 2003 and S7.38-7.39 of the Guidance issued under s182 of the Act. The Committee also noted its duty under section 17 of the Crime & Disorder Act 1998. 

 

The Committee considered all the written evidence and the representations made at the hearing. In light of this evidence and representations, the Committee resolved to impose the full premises licence conditions as listed at Annexes 1-3 of the premises licence on each of the temporary event notice dates, save that the Committee noted that the opening hours of the premises would be extended on the dates of the TENs to 03:00am and the sale by retail of alcohol would be extended to 2:30am.

 

Decision of the Committee

 

The Committee will impose conditions on each of the temporary event notices pursuant to s106A of the Licensing Act 2003.

 

 

                                                                       

                                                                        The meeting concluded at 13.10

 

Supporting documents: