There were no apologies for absence.

No interests were declared at the meeting.

The sub-committee received a report of the Executive Director (Environment & Place) concerning an application by Essex Police, Licensing Unit, in its capacity as Responsible Authority, for the review of the existing Premises Licence at 16-22 West Street, Southend-on-Sea. SS2 6HJ.

In accordance with Regulation 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005, the public and press were excluded from this hearing on the basis that the Licensing Authority considered that, as the matter involves alleged criminality, the public interest in so doing outweighed the public interest in the hearing taking place in public.

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 G Burke of the Essex Police Licensing Unit on behalf of the applicant. Ms K Drain of the Licensing Unit was also in attendance but did not give evidence. 

Mr D Dadds, the respondent’s Solicitor, attended the hearing and gave evidence on behalf of the licensee.  The owner of the premises, Mr K Sivakaran also attended but did not give evidence.

Mr A Penn (Regulatory Services Manager) and Mr T Bahannack (Enforcement Officer) from the Licensing Authority were also in attendance.

The grounds for the application were on the basis that the licensing objectives regarding the prevention of crime and disorder was being undermined through the alleged purchase, receipt, handling and selling of stolen goods on various occasions.

At the end of the working day preceding the hearing, Mr Dadds (the respondent’s Solicitor) submitted an evidence bundle comprising:

• VAT confirmation in the name of the former leaseholder of the premises;

• Non-Domestic rates bill for Mr the former leaseholder of the premises;

• A letter from Mr Sivakaran terminating the contract of the former leaseholder of the premises;

• Cash and Carry receipt in name of Mr Sivakaran; and

• Proposed additions to schedule of conditions of the licence.

Following agreement by all parties, this late submission of evidence was accepted and circulated prior to the commencement of the hearing.

At the outset of the hearing, Mr Dadds (the respondent’s Solicitor) sought clarification of the role of the Licensing Authority while attending this hearing.  Whilst being a Responsible Authority, they had not submitted any evidence and were not therefore a party to the proceedings.  Mr Penn (Regulatory Services Manager) confirmed that the role of the Licensing Authority at this hearing was purely administrative and that they would not be submitting evidence in respect of this matter.

The sub-committee carefully considered all the evidence submitted in writing and orally at the meeting. It listened to all the evidence and submissions and read all the documents.  It had regard to the Statutory Guidance Notes and Southend-on-Sea City Council’s Statement of Licensing Policy. It  ...  view the full minutes text for item 15.