| 767 | The Sub Committee considered the objection by Essex Police in respect of an application for a TEN in respect of an event involving the provision of regulated entertainment, comprising live and recorded music and dancing, the sale of alcohol, the provision of late night refreshment at 1339 London Road, Leigh-on-Sea on 16th February 2013.
The Applicant, Mr Frank Marshall attended the meeting and gave evidence.
The police were represented by Ms J Flynn of the Police Licensing Unit. Their objection was on the grounds that the event could lead to crime and disorder, cause public nuisance and the potential for harm to children. There were also concerns about how the event would be managed and how the licensing objectives would be met.
At the meeting, an in response to questions, the applicant amended the application as follows:
- The event would be a "show business" event and would take place both inside and outside the premises.
- The terminal hour for the event would be 6.00 a.m. on 17th February 2013.
- The capacity would be 100 persons inside the premises and 100 outside the premises.
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.
The Sub Committee was not satisfied that the evidence provided by the applicant, that the event would succeed in promoting the licensing objectives, which was a paramount consideration. The Sub Committee was particularly concerned at the following:
• The timing of the event from 4.00 p.m. until 6.00 a.m. the following day was unacceptable, particularly in a residential area.
• The control of the number of people attending the event at any time and leaving was not clear.
• The playing of music outside until the terminal hour was unacceptable
• The control of the sound levels, in particular from the recorded and live music, both inside and outside the premises was unclear.
• There was insufficient evidence as to how the sale of alcohol would be managed.
• The levels of appropriate security were inadequate.
• The nature of the event as stated on the application form was inconsistent to the evidence given at the hearing and no notification had been given to the relevant persons.
The amended guidance (October 2012) under section 182 of the Licensing Act 2003 states that the Licensing Authority should accept all reasonable and proportionate representations made by the police unless the authority has evidence that to do so would not be appropriate for the promotion of the licensing objectives. The Sub Committee considered that the Applicant had not provided adequate and sufficient evidence in support of his application and that the event would undermine the licensing objectives.
It was therefore:
|
