Agenda and draft minutes
Venue: Virtual Meeting via MS Teams
Contact: Tim Row - Principal Democratic Services Officer
Apologies for Absence
There were no apologies for absence.
Declarations of Interest
No interests were declared at the meeting.
The sub-committee received a report of the Executive Director (Neighbourhoods and Environment) concerning an application by Mr Robert Sutherland of RDS Law, acting on behalf of Rococo (Leigh) Ltd, trading as Fellini’s located at 34 – 36 Elm Road, Leigh-on-Sea, Essex SS9 1SN, to vary the Premises Licence at Fellini’s, 34-36 Elm Road Leigh-on-Sea, Essex SS9 1SN. The variation sought an amendment to the condition on the existing licence that had been offered by the applicant, and subsequently imposed by the sub-committee at its meeting on 8th October 2020. This limited the number of patrons permitted for the purpose of dining and drinking on the terrace/balcony to 16 (sixteen). An increase in the total number to 48 (forty-eight) persons was now being sought. The overall capacity at the premises and all other conditions on the licence would remain unchanged.
The application was presented by Mr Sutherland, the Applicant’s Solicitor. The General Manager of the premises, Mr Chaka was also in attendance and gave evidence.
The sub-committee noted that representations to this application had been received from the Licensing Authority and the Council’s Environmental Health Team in their capacity as Responsible Authorities. Mr Penn and Mr Pearse attended the meeting to present their objection for these authorities respectively and gave evidence. An objection had also been received from Leigh Town Council. Councillor Cracknell attended the meeting to present their objection and gave evidence.
The sub-committee noted that letters of support had also been received from two local residents in respect of the application. One of these residents, namely Ms Kelly, attended the hearing and gave evidence.
The objectors’ concerns related to the licensing objective regarding the prevention of public nuisance, in particular, the potential of noise arising from the cumulative effect of voices from a significantly increased number of customers in a raised, outside area and the disturbance this may cause to neighbouring residents. This could be exacerbated when alcohol was consumed. The noise generated by human voices was difficult to control or negate. The increase in noise generated would be further amplified through reflection of sound from solid surfaces in an external environment. It was also contested that there had been insufficient time, due to covid lockdown restrictions, since the granting of the licence with the restriction on the number of people on the terrace for the premises to demonstrate adequate control of the outside terrace.
Concerns of public safety were also raised, given that this area was used as an emergency escape route. It was highlighted, however, that the Fire Service had raised no representation to the application and that this matter would be controlled through the Regulatory Reform (Fire Safety) Order 2005.
At the hearing, the sub-committee heard that the premises had been operating outdoors (where permitted) and through off-sales in line with government advice during the restrictions imposed as a result of the Covid pandemic. Additionally, the overall capacity on the terrace had been increased to 48 persons on 24 occasions on Fridays and Saturdays between 27th ... view the full minutes text for item 189.