Agenda item

To inform Members that an application has been received from Mr William Hebborn for the grant of a premises licence under the Licensing Act 2003. The application relates to the sale of alcohol for consumption both on and off the premises at The Beach Bar, Unit 3 Seaview Court, Pier Approach, Walton-on-the-Naze, Essex.

 

Members are further advised that representations objecting to the proposed licensable activity have been received from a responsible authority and members of the public.

Minutes:

Members were informed that an application had been received from Mr William Hebborn for the grant of a premises licence under the Licensing Act 2003. The application had related to the sale of alcohol for consumption both on and off the premises at The Beach Bar, Unit 3 Seaview Court, Pier Approach, Walton-on-the-Naze.

 

Members were further advised that representations objecting to the proposed licensable activity had been received from both a responsible authority and members of the public.

 

The Licensing Officer, Emma King, informed the Sub-Committee that the applicant had described The Beach Bar as home to the Gold Dust Family Entertainment Centre Arcade and that the bar was to be located in one end of the arcade.

 

The applicant proposed to open to the public on the following days/hours:

 

Everyday                     12:00 to 22:00

 

Sale of alcohol on and off the premises hours:

 

Everyday                     12:00 to 22:00

 

The full application was attached as Appendix A to the report (A.1).

 

The Sub-Committee were informed that three representations/objections had been received from residents in relation to the application and that those letters of objection were attached as Appendix B to the report (A.1).

 

Members were further informed that one representation had been received from the Council’s Licensing Authority who were a Responsible Authority and their letter of objection was attached as Appendix C to the report (A.1).

 

Present at the meeting were William Hobborn, the Applicant; and the objectors, Catherine Griffin and Hayley Mann.

 

The applicant, William Hebborn, addressed the Sub-Committee with an overview of his plans for the premises.

 

Questions by Members (unless stated otherwise):-

Answers:-

(Objector) Does the premises currently have working toilets?

 

(Applicant) Yes.

Is the toilet at the premises for public use?

 

(Applicant) Yes.

How many staff will be working at the premises?

 

(Applicant) 4 staff plus a security/doorman.

Has the toilet that is shown on the floorplan drawing been installed?

 

(Applicant) Yes.

The floor plan does not show a rear fire exit. Could there be one?

(Applicant) At the rear of the premises, there are double doors used for moving amusement machines in and out. Although not shown on the floor plan, this access point could also serve as an additional fire exit.

 

On page 28 of the agenda, you have answered the question on the prevention of public nuisance “any noise will be monitored” and “any litter will be removed”, can you expand on this?

(Applicant) A waste?management system would be in place, with Veolia responsible for scheduled bin collections.

 

To address potential noise concerns, levels would be monitored, and any excessively loud customers would be asked to moderate their behaviour. It is also worth noting that the surrounding area already experiences a high level of noise.

 

Under the question addressing the prevention of crime and disorder you have answered that there would be CCTV and signs displayed, can you expand on this?

 

(Applicant) Staff would be required to monitor the CCTV, signage and behaviour of customers closely.

Can you tell us more about how you would promote the protection of children from harm licensing objective?

(Applicant) There would be barriers separating the bar from the amusement area, should the amusement area remain, but if we decided to remove the amusement area, this would not be necessary.

 

(Objector) Will the toilet be a disabled toilet and the premises have disabled access?

 

(Applicant) Yes.

(Objector) Do you have a music licence?

(Applicant) Yes.

 

(Objector) Will there be customers drinking alcohol outside?

(Applicant) Yes, we plan to serve takeaway alcohol.

 

Please can you address our concerns regarding a takeaway bar in a family orientated environment?

(Applicant) The pier previously had a facility whereby takeaway alcohol was offered and there were not any incidents of antisocial behaviour because of that facility.

 

You mentioned that you thought it would be nice to open a bar so people can buy a bottle of wine – are there other bars in the vicinity?

 

(Applicant) Yes.

(Licensing Enforcement Officer) What hours would the four members of bar staff be working and are security going to be SIA certificated?

 

(Applicant) The four members of bar staff would cover the opening hours, and yes, they will.

(Licensing Enforcement Officer) Are you going to install a disabled toilet?

 

(Applicant) If I am required to, I will do so.

 

John Leonard, Licensing Enforcement Officer for Tendring District Council, made a submission on behalf of the Licensing Authority (the objecting responsible authority).

 

Further submissions were made by the two objectors present at the meeting, Catherine Griffin and Hayley Mann.

 

The Chairman (Councillor J Henderson) then adjourned the meeting at this time whilst the Sub-Committee retired to deliberate and reach its decision. The Litigation Lawyer (Sarah Opene) and the Democratic Services Officer (Katie Koppenaal) retired with the Sub-Committee for observatory reasons only.

 

Upon resuming the meeting, the Chairman (Councillor J Henderson) read out a statement detailing the Sub-Committee’s decision which was as follows:

 

“The Sub Committee has given careful consideration to this application. The premises being The Beach, Unit 3, Sea View Court, Pier Approach, Walton-on-the-Naze, Essex, CO14 8DZ.

 

In reaching its decision, we have taken into account the views expressed by the Applicant Mr Hebborn.

 

A report of the application was made by Emma King who stated that an alternative plan was submitted on 24 June 2026 being the final date of the representation which showed drinks needing to be sold from a hatch. In accordance with the licensing act relevant consultation has been undertaken and 3 representations were received from members of the public. 2 objectors were present at the hearing and there was also an objection from a relevant authority being the licensing authority.

 

In her report Emm King also stated that the applicant was advised that any proposed amendments will be circulated.

 

Mr Hebborn stated in his submission that if it will make it easier, he can remove the arcade. He said the premises had previously been a bar but had not served as a bar for many years. He is just wanting to give people what they want. He stated that he had written letters to the individuals above the premises and there is no objection meanwhile “these guys are 300 metres away and if anyone should object it should be those individuals. This was said in reference to the objectors in the room. He stated that it will be a seasonal thing, but I don’t want to class it as a seasonal thing.

 

Objectors present at the hearing were Hayley Mann and Catherin Griffin. In their objections Catherine stated that she is a resident of Clifton court and that when the premises was previously a bar Clifton court had not been built. She implored the sub-committee not to grant the license for the various reasons given in her objection both in person and in writing.

 

Mr Hebborn was asked if there was a working toilet to which he said yes.

 

John Leonard on behalf of the licensing authority stated in his submission that the licensing authority is not satisfied that the applicant has demonstrated sufficient measures to mitigate the risks associated with introducing alcohol to a child centred environment and that should the committed be minded to grant a license conditions should be imposed.

 

He stated that the applicant seeks the sale of alcohol on and off the premises, however, during the site visit and in discussions with the applicant a number of concerns arose i.e there was no toilet and the customers were required to use the public toilet, little information on CCTV coverage, the introduction of a hatch and the continuing evolving nature of the license has been a point of concern.

 

Questions were posed to the applicant i.e how many bar staff to which he said there will be 4 with a door man making sure all is fine. Mr Hebborn said the toilet has since been installed since the drawing was received. When asked about a fire exit, he said there can be one if needed as there was a door that could serve as an exit. The Applicant stated that the fire chief had been to the site with no concerns. 

 

When asked about noise being monitored and litter being removed. He said we have waste management, and Veolia would collect and as for the noise if it gets excessive people will be told to quieten down. When asked about CCTV he was asked what measures are in place and he said the staff will vigorously monitor it. When asked do you have disabled toilets and access, he stated that there is a toilet but not disabled however if there was a requirement for one to be installed, he would do so. When asked where people would sit, Mr Hebborn’s response was that drinks will be in plastic cups and customers can drink anywhere they want. When asked what hours will the four bar staff be doing, he stated that they would be for the full opening hours. He was also asked about security is it SIA to which he said yes.

 

In clarification the licensing officer Emma King stated that the premises has not held a license since the authority became a licensing authority.

 

The sub- committee has also considered the licensing objectives namely, the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.  The application has been determined on its own merit and the decision in this application is to refuse the application.

 

The licensing sub-committee is concerned with the state of inconsistency in Mr Hebborn’s application and submission and the consistent shift in his position is cause for concern and not in accordance with the licensing objectives. In his submission he mentions customers buying alcohol in cups which is not in line with the application before the sub-committee, there is concerns for public welfare and safety and the protection of children from harm as there is potential of alcohol in children’s gaming areas amongst others.

 

There has been no advice from the Legal Advisor in arriving at our decision.

 

Anyone aggrieved by this decision can appeal to the Magistrates Court within the relevant statutory period.

 

You will get notification of this decision in 5 days.”

 

Supporting documents: