Meeting documents

Licensing Sub-Committee A
Monday, 29th September, 2014 10.00 am

Place:
Jubilee Room, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
265 Apologies and substitutions.
There were no apologies for absence.
266 Declarations of interest.
No declarations of interest were made at the meeting.
267 The Estuary Cafe Diner, 45-45a Broadway, Leigh-on-Sea SS9 1PA - Application for Grant of Premises Licence.
Resolved:

1. That the application for the grant of a Premises Licence at Estuary, 45 Broadway, Leigh on Sea, SS9 1PA be granted subject to:

(i) the Mandatory Conditions set out in Appendix 1 of the report of the Corporate Director for Place.

(ii) the Conditions drawn from the application/operating schedule set out in Appendix 2 of the report of the Corporate Director for Place subject to the following amendments:

Condition 3 to now read - "The Licensee shall install and maintain a closed circuit television surveillance (CCTV) system to the reasonable satisfaction of Essex Police covering all areas that customers have access including the main entrance. The equipment must record clear real-time images and such images shall be retained for a minimum of 31 days and made available to Essex Police on request. A member of staff shall always be on duty during opening times that is able to download and burn off images from the CCTV system."

Condition 4 to now read - "Only toughened glass or polycarbonate drinking vessels are used in the licensed area. The Licensee shall assess whether to use polycarbonate drinking vessels instead of toughened glass on certain occasions based on a risk assessment or where police have requested that polycarbonate drinking vessels are used."

(iii) The Conditions agreed with Essex Police set out in Appendix 3 of the report of the Corporate Director for Place amended as follows:

Condition 6 is deleted;

Condition 11 shall now read:
"Signs shall be prominently displayed at all exits of the premises requesting customers and staff leave the premises quietly and with consideration so as not to disturb nearby residents."

Condition 13 shall now read:
"There shall be no use of the external licensed area save for use as a smoking area between 22.30 hours and the close of business. The licensee shall ensure that patrons remain within the curtilage of the premises with particular emphasis on preventing spread onto the pavement outside the licensed area marked on the approved plans."

Condition 16 is deleted

For clarification these conditions shall be renumbered as appropriate.

(iv) The following additional conditions:

"The Licensee shall provide a contact telephone number available for residents to contact at all time the premises are open in the event of any complaint."

"No bottles shall be deposited in the external bottle bins and no external bottle bins shall be emptied or collected from the premises from 21.00 hours until the collection of refuse the following morning."

2. That the previous (existing) licence be surrendered.
10.00 a.m./12.20 p.m.

Attendance Details

Present:
Councillor J McMahon (Chairman),
Councillors T K Byford & A E Holland
In attendance:
P Tremayne, T Row, B Bentham and L Colby

Business

ItemBusiness
267The Sub Committee received a report of the Corporate Director for Place reagrding an application made by Estuary Restaurants Limited for the grant of a Premises Licence at Estuary, 45 Broadway, Leigh on Sea, SS9 1PA.

The application was presented by Mr A Flaharty (Applicant's Agent). Mr D Bailey (Designated Premises Supervisor) was in attendance at the hearing.

The Sub Committee noted that Essex Police had agreed a number of conditions with the applicant and these were set out in Appendix 3 of the Report of the Corporate Director for Place.

Five objections to the application had however, been received from local residents, none of whom attend the hearing. Their concerns related to two of licensing objective namely prevention of crime and disorder and public nuisance. These included noise from bottles and bins being cleared up at the rear of the premises; noise emanating from the premises; staff and customers leaving late at night; and the hours for licensable activities being extended.

The Sub Committee noted however, that the application did not amend the licensing hours already permitted.

The Sub Committee considered all the evidence and submissions that had been made at the meeting and the written documentation that had been presented prior to the hearing. The Sub Committee also had regard to the National Guidelines and the Borough Council's Statement of Licensing Policy and considered the four licensing objectives, namely the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm, as they related to this application.

The Sub Committee concluded that the remaining concerns should be addressed by conditions added to the licence or amending the conditions already set out in Appendix 2 and 3 of the report of the Corporate Director for Place.

It was therefore:-

 

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