Agenda and draft minutes
Venue: Committee Room 1 - Civic Suite. View directions
Contact: Tim Row - Principal Committee Officer
Apologies for Absence
There were no apologies for absence.
Declarations of Interest
The following interests were declared at the meeting:
(i) All members of the sub-committee – Non-pecuniary interest: one of the objectors is known to them as a fellow Councillor;
(ii) Councillor Mitchell – Non-pecuniary interest: one of the objectors who was not present is known to her.
The sub-committee received a report of the Executive Director (Neighbourhoods and Environment) concerning an application by Mr Andreas Artemi for the grant of a variation of a Premises Licence at The Vine 149 Leigh Road, Leigh-on-Sea, SS9 1JF. The variation sought to remove a condition that had been imposed on the current licence which requires the premises to operate predominantly as a restaurant. During the consultation period, however, the Applicant amended the application following discussions with the Licensing Authority, in their capacity as Responsible Authority, to replace the condition that they had sought to remove from the licence with the following conditions, as follows:
1. As a minimum, food will be available within the following hours:
• Mondays to Fridays 12.00 to 14.00 and 16.00 to 21.00;
• Saturdays 12.00 to 21.00; and
• Sundays 12.00 to 19.00 which may be ordered & consumed anywhere within the licensed area. A minimum of 50 seats shall be set out at tables at all times.
2. The premises shall have in place and operate a Noise Policy and Risk Assessment. This policy shall specifically include but not be limited to:
• Noise related information and management controls:
• A review of current and potential noise sources;
• An acoustic consultant’s report;
• Noise mitigation measures and their subsequent evaluation;
• A noise complaints procedure (including any communicated through the council)
• A log of complaints and associated actions;
• Noise monitoring actions including locations, frequency and duration;
• Relevant staff training.
All of the above are to be made available to the council and Essex Police upon reasonable request, and a copy of the policy shall be lodged with the Environmental Protection Team and Licensing Authority. Contact details shall be published for residents to use in the event of noise related complaints.
3. The premises shall operate noise mitigation measures in accordance with their Noise Management Policy and risk assessment, subject to securing approval from the relevant authority in relation to the use of measures including movable acoustic barriers.
The application was presented by Mr M Bell, the Applicant’s Licensing Consultant. The owner of the premises, Mr A Artemi, and the General Manager, Mr J Mayers were also in attendance and gave evidence.
The sub-committee noted that representations to this application had been received from the Licensing Authority in its capacity as Responsible Authority. Mr Penn attended the meeting to present their representation and gave evidence. An objection had also been received from Leigh Town Council. Ms H Symmons, Town Clerk, attended the meeting to present their objection and gave evidence. Representations to the application had also been received from 29 residents, although one of these (Mr Ridgewell) had subsequently withdrawn their representation. The Environmental Health had also objected to the application but subsequently withdrew their representation following the amendment to the application. A number of the residents attending the hearing, six of whom namely Mr and Ms Holmes, Ms Karslake, Mr Newman, Mr Battram and Mr Elliott spoke at the ... view the full minutes text for item 745.