Agenda and draft minutes

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

It was moved by Councillor Davidson, seconded by Councillor Smith and:

RESOLVED that Councillor J Henderson be elected as Chairman for the meeting.

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

There were no apologies for absence, or substitutions.

To confirm and sign as a correct record, the minutes of the last meeting of the Sub-Committee, held on Monday, 11 March 2024.

It was moved by Councillor Davidson, seconded by Councillor Smith and:-

RESOLVED that the minutes of the meeting held on Monday 11 March 2024, be approved as a correct record and be signed by the Chairman.

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 on this occasion.

To provide information in order that the Sub-Committee can determine objections to two Temporary Event Notifications (TEN).

It was reported that two Temporary Event Notifications (TENs) has been sent to the Licensing Authority of Tendring District Council in accordance with Section 100 of the Licensing Act 2003 by Mr James Kingston.

The Sub-Committee was aware that Temporary Event Notices (TENs) were intended to allow an individual to use premises for one or more licensable activities on an infrequent basis. There was no application process, but the premises user was required to give at least 10 working days’ notice to the relevant Licensing Authority, the relevant Chief Officer of Police, and the local authority’s Environmental Health department (not including the day of the event or the day of receipt of the Notice). There was no provision to attach any terms, conditions, limitations, or restrictions to such a Notice.

Members were informed that Mr. Kingston (referred to in the Licensing Act as the ‘premises user’) had submitted the following Temporary Event Notifications to cover the licensable activities on the below dates:

Ref:  TENOP/5161/24 – Left Field Event Site

For the above events the main FOH stage system would be closed down at 11.00 p.m. on all days and instead run background music during serving hours.

Ref:  TENOP/5162/24 – Left Field Event Site

The address of the event was Left Field, High Birch Road, Weeley.  The premises did not hold a valid premises licence under the Licensing Act 2003.

It was reported that the TENs had been submitted electronically to the Licensing Authority on 6 June 2023. Essex Police and Environmental Health had been informed on the same day. During the three full working days’ objection period, which had expired on 11 June 2023, the Licensing Authority had received an objection notice from Tendring District Council’s Environmental Services department.

The Sub-Committee was made aware that this hearing must therefore consider the points raised in the Objection Notice and to make a determination on the TEN. When carrying out its functions the licensing authority must have regard to the four licensing objectives. The objectives were:-

•     The prevention of crime and disorder

•     Public Safety

•     The prevention of public nuisance

•     The protection of children from harm

The Sub-Committee was also required to determine the matter in accordance with the Licensing Act 2003 (Section 105), Tendring District Council’s own Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003, having due regard to the applicant’s submissions and objections by the statutory body.

The Applicant and Tendring District Council’s Environmental Services had been invited to attend the hearing and were given the opportunity to address Members.

Members noted that  ...  view the full minutes text for item 5.

To consider passing the following resolution:

“That under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from the meeting for the item of business to be considered below on the grounds that the public interest in so doing outweighs the public interest in that part of the hearing taking place in public”.

It was moved by Councillor Davidson, seconded by Councillor Smith and:-

RESOLVED that under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from the meeting for the item of business to be considered below on the grounds that the public interest in doing so outweighs the public interest in that part of the hearing taking place in public.

To confirm and sign as a correct record, the exempt minute of the meeting of the Sub-Committee held on Monday, 11 March 2024.

It was moved by Councillor Smith, seconded by Councillor Davidson and:-

RESOLVED that the Exempt Minute of the meeting of the Sub-Committee, held on Monday, 11 March 2024 be approved as a correct record and be signed by the Chairman.