Apologies for absence were received from Councillor Borton (substitute: Councillor Richardson).

No interests were declared at the meeting.

The sub-committee received a report of the Executive Director (Neighbourhoods and Environment) concerning an application by S & J Food Beverage Ltd. for the grant of a Premises Licence at Station Pizza and Wine Store, 226A Station Road, Westcliff-on-Sea, SS0 7SD.

The sub-committee listened to all the evidence and submissions and have read all the documents.  It had regard to the Statutory Guidance Notes and Southend-on-Sea City Council’s Statement of Licensing Policy. It 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.

The application was presented by Mr Sureshkumar Kanapathipillai (Applicant’s Agent) on behalf of the applicants.  Mr Sanjeev Kumar (owner and Designated Premises Supervisor) also attended the meeting and gave evidence.

The sub-committee noted that representations had been received from two (2) Responsible Authorities, namely the Licensing Authority and Environmental Protection, and six (6) representations had received from local residents objecting to the application.  Conditions had also agreed with Essex Police during the consultation period, should the application be granted.  These conditions were set out in Appendix 2 to the submitted report of the Council’s Executive Director (Environment and Place).  Copies of all the written representations and submissions were provided to the sub-committee.  One of the residents, namely Mr Donnelly, attended the meeting, and gave evidence.  Mr Penn attended the meeting and gave evidence on behalf of the Licensing Authority.  Mr Pearse attended the meeting and gave evidence on behalf Environment Protection.

Immediately prior to the commencement of the hearing, the Applicant agreed the majority of the conditions proposed by Licensing Authority, in an attempt to address their concerns.  The Environment Protection’s concerns and the objection by Mr Donelly and the other objectors could not, however, be resolved.

At the meeting, the Applicant’s Agent amended the application to try to address the representations by amending the hours for licensable activities. These were amended as follows:

•  The supply of alcohol for consumption on and off the premises:

from Sundays to Thursdays from 12:00 - 23:00 (on and off the premises); and

on Fridays and Saturdays from 12:00 - 05:00 (off the premises - deliveries)

•  The provision of late-night refreshment:

on Fridays and Saturdays from 23:00 - 05:00 (off the premises - deliveries)

•  The conditions agreed prior to the hearing, should the application be granted, would be amended accordingly.

The sub-committee concluded that, on the basis of the evidence presented to it in respect of this application, the proposed measures and use of the premises in the early hours of the morning would not be sufficient in ensuring the licensing objective in relation the prevention of public nuisance would not be undermined should the application as amended be granted.  It was unable to identify measures that would promote the licensing objectives in the form of clear and enforceable licence conditions for the hours sought.  It therefore:

Resolved:-

That the application be granted as follows:

(i)  The supply of alcohol for  ...  view the full minutes text for item 6.