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) regarding an application by the Licensing Authority at Southend on Sea City Council, in its capacity as Responsible Authority, for the review of the existing Premises Licence at Twelve Brunch & Cocktails (previously known as Twelve Burger and Beer), 12 Clifftown Road, Southend-on-Sea, SS1 1AB.

At the outset of the meeting, the sub-committee heard that Mr Denny had sent email on at 3.48 p.m. on the day prior to the hearing to the Licensing Authority requesting that the hearing be adjourned.  This was on the basis that the respondent, Mr Brown had first informed him of the situation on Friday 26th January 2024 and therefore required further time to gather all relevant information and background relating to the case, provide responses to the content and nature of the applicant’s evidence which he had received on the afternoon prior to the hearing, and then seek some mediation with the parties involved.  Additionally, the email providing a link to enable Mr Denny to attend the hearing remotely, had also not been received by him at the time of this request. Mr Denny formally presented this request to adjourn the hearing.

The sub-committee also heard from the Licensing Authority that the Notice of Hearing was sent the respondent on 9th January 2024, and a follow up email sent on the 19th January 2024.  This reminded the respondent that they had not received a Notice of Return form and also advised of the deadline to submit any evidence for the Licensing Sub Committee to be in possession of prior to the hearing.  The Licensing Authority’s evidence was submitted to Mr Brown on 25th January 2024, the day prior to his licensing consultant being appointed and it was his responsibility to ensure that his representative had been provided with this at the earliest opportunity.

The sub-committee adjourned to consider the request for the adjournment. On the basis of the evidence presented to it in respect of this request, the sub-committee concluded that the respondent had been given more than adequate time of the hearing to seek advice, appoint a representative and collate any evidence to address the points within the application for the review.  It also noted that the Applicant’s evidence had been submitted in accordance with the statutory deadline and that the meeting invite containing a link to access the meeting remotely had been sent to Mr Denny and his company email addresses as supplied by him at 4.11 p.m. on 29th January 2024 and again on at 4.55 p.m. on Thursday 1st January 2024. 

Having regards to the Licensing Act 2003 (Hearings) Regulations 2005, in particular Regulations 11, 12 and 13, the sub-committee refused the application to adjourn the hearing on the grounds that it was not in the public interest to do so.  The application for the review of the premises licence proceeded.

The sub-committee listened to all the evidence and submissions and have read all the documents.  It had regard to  ...  view the full minutes text for item 12.