Agenda item
- Meeting of Premises / Personal Licences Sub-Committee, Monday, 27th January, 2025 2.30 pm (Item 41.)
To inform Members that an application has been received for the Grant of a Premises Licence under the Licensing Act 2003 from Parkeston Railway Club 2024 Community Interest Company to sell alcohol on and off the premises and provide various licensable activities at Parkeston Railway Club 2024, Hamilton Street, Parkeston, Harwich, Essex, CO12 4PQ and further that an objection to the proposed licensable activities has been received from a member of the public.
Minutes:
The Sub-Committee heard from the Licensing Manager that the application was made under the Licensing Act 2003 for a Premises Licence to include the Sale of Alcohol on and off the premises, Boxing/Wrestling, Performance of Dance, Exhibition of Films, Indoor Sporting Events, Performance of Live Music, Performance of Recorded Music, Performance of Plays, and Other Entertainment falling within the Act.
Members were told that the applicant had described Parkeston Railway Club 2024 as a multi-function community centre consisting of a main hall with capacity for 200 with a bar. Also, there was an adjacent bar and seating area, toilets and café. There was a car park attached to the building.
The Sub-Committee was made aware that the applicants were proposing to open to the public on the following days/hours:
Monday 1230 – 2300
Tuesday 1230 – 2300
Wednesday 1230 – 0000
Thursday 1230 – 2300
Friday 1230 – 0100
Saturday 1200 – 0100
Sunday 1300 – 2300
The Sub-Committee was informed that the applicant had outlined steps in the application to promote the four licensing objectives. A summary of the application was attached as Appendix A of the Officer report.
Members were told that Essex Police made a request for 18 conditions to be added to the licence in order to satisfy the licensing objectives. These were agreed by the applicant during the consultation period and were made available as part of the report.
The Licensing Manager then informed the Committee that all responsible authorities had been consulted with as procedure and Essex Fire Service had replied no objections following the application.
One representation had been received by a member of the public which was attached to the report as an appendix. The Licensing Manager outlined the grounds of the objection and informed the Sub-Committee that they should not be taking into account the comments made regarding the premises ownership as this is not relevant under the Licensing Act 2003 legislation.
Members were informed that the applicant had served the application and notices correctly in accordance with the act.
The Licensing Manager confirmed to the Sub-Committee that although Essex Fire Service had not made representation, they have been made aware of fire safety concerns and have asked that if the licence is granted today, that a fire inspection is carried out prior to the premises opening for licensable activities.
Members were reminded that each application must be considered in its own rights and on its own merits only on how it might impact the four licensing objectives, which are the prevention of crime and disorder, prevention of public nuisance, public safety; and protection of children from harm.
Sarah Stertz, the applicant, spoke in support of the application.
Gordon Ashford, Essex Police (Licensing), spoke on behalf of the application.
Eric Bramhill, the objector, spoke against the application.
Questions from Members:- |
Answers: |
(To applicant) Have the health and safety actions been actioned? |
(Applicant) Yes |
(To applicant) Can we agree that you agree to the 18 conditions to be able to get your licence through? |
(Applicant) Yes. |
(To applicant) Are the Sunday opening times and activities times, correct? Also, there is no drinking up time, is this correct? |
(Applicant) The Sunday times, I must have made a mistake, and I apologise. The hours that I agreed to would be half an hour before, as the music would need to be off, so 2230 would be the winding down time for music and lights which would give people time to drink up and move so we would finish 45 minutes before the place was shut. |
(To applicant) The application does not state that there is a drinking up time, is that correct? |
(Applicant) That must have been a mistake on my part. |
(To applicant) What you are trying to say is no one can buy alcohol half an hour before the closing time? |
(Applicant) That is correct. (Essex Police) It is not uncommon for some premises to have licenced open hours that mirror their alcohol/entertainment times. When a premises has had a legal advisor, they will often have that difference in opening hours and alcohol/entertainment hours. |
The Chairman (Councillor Wiggins) adjourned the meeting at this time whilst the Sub-Committee retired to deliberate. The Litigation Lawyer (Sarah Opene) and Committee Services Officers (Bethany Jones & Katie Koppenaal) retired with the Sub-Committee for observatory reasons only.
After a 50-minute deliberation, the Sub-Committee resumed the meeting to ask further questions.
Questions from Members:- |
Answers:- |
(To applicant) The opening and closing times for Wednesday, is that correct for closing at 0000hrs? |
(Applicant) That is our pool night, the bar will be shut by 2300hrs, and the premises will be shut at 0000hrs. |
(To applicant) So the premises shuts at 0000hrs, but the bar is still open? |
(Applicant) No, the bar shuts at 2300hrs. |
The Chairman (Councillor Wiggins) adjourned the meeting once more at this time whilst the Sub-Committee retired to deliberate. The Litigation Lawyer (Sarah Opene) and Committee Services Officers (Bethany Jones & Katie Koppenaal) retired with the Sub-Committee for observatory reasons only.
Upon resuming the meeting, the Chairman (Councillor Wiggins) read out a statement as follows:
“The Sub Committee has given careful consideration to this application. In reaching our decision, we have taken into account the views expressed by the Applicant Sarah Stertz, the representations made by Mr Eric Bramhill, representation by Mr Gordon Ashford on behalf of Essex police along with the Guidance issued by the Secretary of State and other matters set out in the Licensing Authority's own Statement of Licensing Policy.
The decision of the Sub-Committee is to GRANT this application but subject to the below conditions namely:
- The premises licence holder shall produce a Fire Risk Assessment for the premises to Essex Fire and Rescue Service responsible for Licensing and the Licensing Authority before any licensable activity can be undertaken.
- Confirmation from Essex Fire and Rescue Service that an inspection of the premises has been undertaken and are satisfied that the premises is compliant. Confirmation to be sent to the Licensing Authority from Essex Fire and Rescue Service before any licensable activity can be undertaken, the licence holder will be notified of this by the Licensing Authority.
- Fire Alarm Testing must be carried out weekly and a record kept on the premises and made available to authorised officers of the responsible authorities under the Licensing Act 2003 upon request.
The grant of the license is also subject to the eighteen mandatory conditions agreed
between Essex Police and the Applicant. The Mandatory conditions are as seen on ages 21 – 23 of the agenda.
4. The sale of alcohol must cease by the end of the time stipulated below and being 30 minutes before the closing time:
Monday: 12:30 - 22:30
Tuesday: 12:30 – 22:30
Wednesday: 12:30 – 22:30
Thursday: 12:30 – 22:30
Friday: 12:30 – 00:30
Saturday: 12:00 – 00:30
Sunday: 13:00 – 22:30
The hours proposed for the licensable activity on Sunday being 13:00 – 01:00 is hereby amended to 13:00 – 23:00 in line with the proposed opening hours for Sunday.
Finally, I must mention that all parties who are aggrieved by this decision of the Sub-Committee have the right of appeal to the Magistrates' Court.
This Decision was made today, 27 January 2025 and will be confirmed in writing to all parties.”
Supporting documents:
- Report - Parkeston Railway Club - Grant, item 41. PDF 37 KB
- Appendix A - Summary of Application, item 41. PDF 23 KB
- Appendix B - Objections, item 41. PDF 60 KB
- Appendix C - Police Conditions & Applicant Agreement, item 41. PDF 116 KB
- Plan, item 41. PDF 860 KB