Agenda and draft minutes

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Contact: Debbie Bunce Email:  dbunce@tendringdc.gov.uk or Telephone  01255 686573.

Note: Meeting will be live streamed via https://www.tendringdc.gov.uk/livemeetings 

Items
No. Item

1.

Election of Chairman for the Meeting

The Sub-Committee will elect its Chairman for the meeting.

Minutes:

It was moved by Councillor Casey, seconded by Councillor Winfield and:-

 

RESOLVED – That Councillor V Guglielmi be elected Chairman for the meeting.

 

2.

Apologies for Absence and Substitutions

The Sub-Committee is asked to note any apologies for absence and substitutions received from Members.

 

Minutes:

There were no apologies for absence or substitutions.

3.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

Councillor Winfield declared a personal interest in that his son was employed by Essex Police in CID but that he was based in Chelmsford. He did not consider himself to be pre-determined in this matter.

 

4.

Report of Corporate Director (Operations & Delivery) - A.1 - Application for the Review of a Premises Licence - Truth/Pulse (formerly Bentleys), 5 Marine Parade East, Clacton-on-Sea pdf icon PDF 283 KB

The Sub-Committee will consider an application for the review of the Premises Licence held in respect of the above premises which has been submitted by Essex Police, being a Responsible Authority, under Section 51 of the Licensing Act 2003.

Additional documents:

Minutes:

The Chairman (Councillor V Guglielmi) welcomed everyone to the meeting                   and made introductory remarks.

 

The Council’s Licensing Manager (Karen Townshend) then gave a verbal summary of the written report and advised that the Sub-Committee had before it, for its consideration, as set out in item A.1 of the Report of the Corporate Director (Operations and Delivery) an application for the review of the Premises Licence currently held by Bentleys of Clacton Ltd submitted by Essex Police, being a Responsible Authority.

 

Section 2.2 of the written report set out the current opening hours for the premises which were:

 

Sale of Alcohol on and off the premises

Monday to Thursday               08:00 - 00:00

Friday                                      08:00 - 02:00

Saturday                                 10:00 - 02:00

Sunday                                    10:00 - 00:00

 

Performance of Live Music

Fridays and Saturdays           19:00 - 00:00

Sunday                                    15:00 - 22:00

 

Performance of Recorded Music

Monday to Thursday               12:00 - 00:00

Fridays and Saturdays           12:00 - 02:30

Sunday                                    12:00 - 22:00

 

Late Night Refreshment

Monday to Sunday                  23:00 - 02:00

 

Non Standard Timings

 

Performance of Live Music

Bank Holiday Sunday             15:00 – 00:00

Bank Holiday Monday            15:00 – 22:00

Christmas Eve / Christmas Day finish at 03:00

New Year’s Eve / New Year’s Day finish at 04:00

 

Provision of Recorded Music

Bank Holiday Sunday             15:00 – 02:30

Bank Holiday Monday            15:00 – 22:00

Christmas Eve / Christmas Day finish at 03:00

New Year’s Eve / New Year’s Day finish at 04:00

 

 

Sale of Alcohol on and off the premises only

Bank Holiday Sunday             08:00 – 02:30

Bank Holiday Monday            08:00 – 22:00

Christmas Eve / Christmas Day finish at 03:00

New Year’s Eve / New Year’s Day finish at 04:00

 

The ability to sell or supply alcohol and/or refreshment to residents and their bona fide guests at any time.

 

It was also reported that Bentleys of Clacton Ltd had been the Premises Licence holder since a variation and transfer of the licence on 8 May 2018, and that Jenna Howard had been the Designated Premises Supervisor (DPS) of the premises since 14 February 2018.

 

An application for the Review of the Premises Licence for Truth/Pulse [formerly Bentleys] had been submitted by Essex Police. This had been received by the Licensing Authority on 25 August 2020 on the grounds that the Licensing Objective in respect of the Prevention of Crime and Disorder had been breached; as the Premises Licence holder Bentleys of Clacton Ltd and DPS Jenna Howard had been found by Essex Police to be in breach of The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 in that it had operated as a nightclub or otherwise operated as a venue which was open at night, provided music and had a dance floor or other space for dancing

 

Notice of the review application had been made and advertised in accordance with Section 51 of the Licensing Act 2003 and the regulations that accompanied it. In particular, a notice detailing the review application had been clearly displayed on the premises concerned and on the  ...  view the full minutes text for item 4.

5.

Adjournment of Meeting

Following the conclusion of the consideration of item A.1 the Sub-Committee will then adjourn until such time as the Chairman deems appropriate.

 

Minutes:

The meeting was adjourned whilst the Sub-Committee made its deliberations.

6.

Report of Corporate Director (Operations & Delivery) A.1 - Application for the Review of a Premises Licence - Truth/Pulse (formerly Bentleys), 5 Marine Parade East, Clacton-on-Sea

After its deliberations the Sub-Committee and the Council’s Solicitor will return to the meeting (and the interested parties and public will be re-admitted) in order for the Chairman to formally announce the Sub-Committee’s decision following its review of the Premises Licence held in respect of Truth/Pulse (formerly Bentleys), 5 Marine Parade East, Clacton-on-Sea.

Minutes:

After a period of time the Sub-Committee, the Council’s Solicitor and the Legal and Governance Administration Officer returned to the meeting.

 

The Chairman of the Sub-Committee informed all parties present that, due to the amount of evidence that they needed to consider and the various considerations that needed to be taken into account, especially in view of the various and new restrictions due to the current Coronavirus Pandemic the Sub-Committee was not able to reach a decision at this time.

 

The Chairman stated that therefore the Sub-Committee would make its determination by Friday 23 October 2020 in  accordance with Regulation 26(2) of The Licensing Act 2003 (Hearings) Regulations 2005. All interested parties would then be informed of the decision in writing.

 

The Chairman then formally closed the meeting.