Venue: Committee Room - Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions
Contact: keith Durran Email: Kdurran@tendringdc.gov.uk or Telephone 01255 686585
Chairman for the meeting
The Sub-Committee is required to elect its Chairman for this meeting.
It was moved by Councillor Cossens, seconded by Councillor Casey and:
RESOLVED – That Councillor Wiggins be elected as Chairman for the meeting.
Apologies for Absence and Substitutions
The Committee is asked to note any apologies for absence and substitutions received from Members.
There were no apologies for absence, or substitutions.
Declarations of Interest
Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.
There were no declarations of interest by Councillors in relation to any item on the
agenda for this meeting.
To provide information in order that the Sub-Committee can determine the application for a review of the premises licence.
The Sub-Committee heard from the Head of Democratic Services and Elections, who, as the representative of the Licensing Authority, introduced the matter of a review application under Section 51 of the Licensing Act. The application pertained to the premises known as Wicks Bar, managed by Enterprise Harwich Bar Limited, with Mr. Wicks identified as the designated premises supervisor. The application, outlined in the provided documents, had been joined by various parties, including the Licensing Authority, Essex Police, and six additional representations from members of the public.
The Sub-Committee, having received and reviewed the relevant papers, was tasked with considering the application and the representations made. The Head of Democratic Services and Elections emphasized the importance of following the established procedure outlined in Appendix H, to guide the discussion and facilitate a decision regarding the approach to their powers following the review. The presentation concluded with the acknowledgment of the committee's awareness of the review and the expectation that they would proceed in accordance with the specified procedures and each interested party and the licence holder were encouraged to ask questions.
The Sub-Committee heard from Rebecca Duff Cole of the Environmental Protection team acting as a responsible authority who’s representation, she then gave the representation. The representation sought to restrict the permission for live, recorded, and amplified music due to noise nuisance complaints. Wicks’s Bar, licensed for alcohol sale and late-night refreshment, faced allegations of noise disturbances affecting nearby residential properties.
The review focused on the Licensing Act's Prevention of Public Nuisance objective. Mr. Alexander Wicks, the Designated Premises Supervisor, faced complaints of loud music with heavy bass, and disruptive behaviour. Despite multiple warnings, noise abatement notices, and breaches, Mr. Wicks failed to address the issues adequately.
The Environmental Protection team substantiated a statutory noise nuisance, and served a noise abatement notice. Breaches had occurred on three occasions, leading to the decision to review the premises licence. Complaints included loud music, anti-social behaviour, and operational violations, impacting residents' sleep, work, and safety.
Despite some initial improvements, subsequent breaches prompted the review application. The Environmental Protection team's efforts to work with Mr. Wicks proved unsuccessful, leading to the conclusion that permanent enforceable conditions were necessary to mitigate further noise nuisances. The team proposed restricting amplified, recorded, and live music at the premises.
Following investigations as a result of complaints about noise revealed seven formal and two anonymous complaints, with witness statements emphasizing the adverse impact on residents. Mr. Wicks's management of the amplified music raised concerns, as he failed to address complaints and implement promised changes, leading to the loss of confidence in his ability to manage noise issues effectively.
Members of the Committee and Interested parties asked questions that they felt relevant before moving on to the next part of the presentation which was from Steve Bennett (Essex Police).
Mr Bennett stated that there had been a significant number of calls and complaints from the public since the premises opened in May. The venue had failed to uphold crime and disorder ... view the full minutes text for item 15.