Its situation is a little more complex than usual given that it obtained a licence variation in August 2011, the implementation of which is subject to a number of refurbishment works. Billericay Bar Watch understands that these works have not yet been undertaken and therefore, at time of writing, the licence variation is not activated.
So, the various conditions placed upon the premise are:
1) Its current licensing conditions. These are provided in detail further down this article, but in brief, these are:
- Sale of alcohol and “regulated entertainment” (i.e. music etc.) until midnight, seven days a week (30 minutes drinking up time permitted)
- The pavement area outside may be used until 10pm for up to twenty people who must be eating a meal in order to be served alcohol. After 10pm, tables and chairs to be cleared away and the area used by smokers only – no alcohol or food permitted
- Music to be set at a reasonable level
2) Conditions associated with the licence variation of August 2011, which will come into force when certain refurbishment works are complete including sound proofing and noise limitation equipment (as approved and signed off by the Principle Environmental Health Officer, Basildon Borough Council). In brief, the conditions are:
- No bottled beverages in bottles of between (and including) 20cl and 70cl to be passed over counter; they must be decanted into toughened glassware
- At least two SIA registered door men on duty from 8pm on Friday and Saturday (and Sunday, if a Bank Holiday weekend)
- Sale of alcohol and “regulated entertainment” until 00.15h, Sunday to Thursday; until 1am Friday and Saturday and Sunday where Monday is a Bank Holiday (30 minutes drinking up time permitted)
- No entry permitted after midnight
3) Planning permission conditions and restrictions, set by the decision notices resulting from in applications in April 2011 and February 2004. These stand in their own right and add to or in some cases override licensing conditions. Again, the detail is shown further down this article but in brief:
- Alcohol served in the outside area only to those seated and eating a meal
- A maximum of 20 chairs and five tables in the outside area
- Usage permitted outside within cordoned off area only with a semi-permanent barrier to be installed
- Use of outside area permitted between 9am and 10pm seven days a week. No use whatsoever permitted outside of these times; tables, chairs and barrier to cleared away at 10pm
Here’s the detail in each category. The source of the information is provided in each case.
Present licensing conditions
The licence authorises the carrying out of licensable activities as follows:
a) The sale by retail of alcohol for consumption on and off the premises. Monday to Sunday 07.00 – 00.00 midnight except the outdoor area which is limited to 09.00 – 22.00 hours. Permitted use for smokers after 22.00 hours was added in August 2011 though note consumption of alcohol or food is explicitly excluded.
b) The provision internally of regulated entertainment consisting of live music, recorded music, performance of dance and entertainment facilities. Monday to Sunday 14.00 – 00.00 midnight
The opening hours of the premises: Monday to Sunday 07.00 – 00.30 hours the following day.
Additional conditions are:
1. The provision of regulated entertainment and facilities for music and dancing are restricted to inside the property.
2. Closed Circuit Television & Video Recording
a) A CCTV system incorporating recording will operate throughout the whole of each period the premises are trading.
b) The system will include coverage of all public entrances and exits from the premises and any other areas agreed with the police.
c) The system will provide for recording of all cameras simultaneously and recordings will be made for the whole of each period of trading.
d) The recordings will be kept for a minimum period of 31 days before over recording and will be provided to the police upon request.
3. All drinking glasses provided for public use will be toughened safety glassware.
4. Outside Area
a) No more than twenty chairs and five tables shall be placed within the approved area.
b) The area shall incorporate a barrier to separate the relevant part of the forecourt from the public highway, either as a fixed or removable barrier, whenever the forecourt is in use as an eating area.
c) Drinks shall be served to those seated at tables eating a meal with glassware proved and used for the consumption of cold beverages to be made from toughened safety glass.
d) The outdoor eating area, shall not be used outside the hours of 9.00 to 22.00 hours each day with the tables and chairs removed from the area outside those hours.
5. Music must be set to a reasonable level, fold back doors at front of premises must be closed by 22.00 hours.
6. Door Staff – On such occasions that door staff may be employed at the premises, only those registered by the Security Industry Authority will be employed.
7. Ventilation, smoke, fire alarm and emergency systems throughout the premises should be maintained in good working order
This information is sourced from the Licensing Authority, Basildon Borough Council.
Future varied licence conditions
At a hearing held on 30 August 2011, an application to vary the licence was granted with the conditions set out as below. Note section 6 (noise) in which the variation is made conditional on refurbishment works including installation of sound proofing and noise limitation equipment, to the satisfaction of the Principle Environmental Health Officer, Basildon Borough Council.
The Decision Notice states:
That the application to vary the premises licence be granted, subject to the following amendments:
1. (a) On Sundays to Thursdays, all licensable activities (the sale of alcohol, regulated entertainment, the provision of film and indoor sporting events and the provision of late night refreshments) to be extended to 00.15 hours the following morning.
(b) On Fridays, Saturdays and Bank Holiday Sundays, all licensable activities, (the sale of alcohol, regulated entertainment, the provision of film and indoor sporting events and the provision of late night refreshments) to be extended to 01.00 hours the following morning.
2. (a) On Sunday to Thursday, opening hours to be until 00.45 hours the following morning.
(b) On Fridays, Saturdays and Bank Holiday Sundays, opening hours to be until 01.30 hours the following morning. The additional hours are not to be used until the works specified in the application to vary the licence (June 2011) have been completed, including soundproofing and the fitting of noise limiter, save for the use of the outside area after 22:00 hours for smoking which can be used immediately subject to the condition imposed under 5 “Outside Area”.
The refurbishment works at the premises specified in the application to vary the licence (June 2011) may also include, subject to planning permission, any reasonable recommendations of the Principal Environmental Health Officer at Basildon Borough Council. Conditions to be attached to the licence, in addition to mandatory conditions, to be as follows:
1. The provision of regulated entertainment and facilities for music and dancing are restricted to inside the property.
2. Closed Circuit Television & Video Recording
a) A CCTV system incorporating recording will operate throughout the whole of each period the premises are trading.
b) The system will include coverage of all public entrances and exits from the premises and any other areas agreed with the police.
c) The system will provide for recording of all cameras simultaneously and recordings will be made for the whole of each period of trading.
d) The recordings will be kept for a minimum period of 31 days before over recording and will be provided to the police upon request.
3. Glasses
a) All drinking glasses provided for public use will be toughened safety glassware.
b) All beverages supplied / sold for consumption on the premises will be supplied in glass containers as above or otherwise as agreed with the Police. However this shall not apply to beverages supplied / sold in bottles with a volume of 20cl or less or 70cl or more.
4. Other than in the outside approved area no alcohol, glasses or bottles shall be removed from the premises by customer, (does not apply to off-sales).
5. Outside Area
a) The outside area shall incorporate a barrier to separate the relevant part of the forecourt from the public highway, either as a fixed or removable barrier whenever the forecourt is in use.
b) Tables and chairs will only be permitted in the outside area between the hours of 09:00 to 22:00 each day. At all other times the use of the outside area will be restricted to smoking only; it will not be used for the consumption of beverages or refreshment and no glasses will be allowed in the area.
c) A maximum number of 20 persons will be permitted in the outside area at any one time under the control of the Premises Licence Holder.
6. Noise
a) Both sets of concertina doors to the front of the Premises will be closed from 22:00 and prior to that time, during Regulated Entertainment (except for exhibition of films and indoor sporting events).
b) A noise limiter to be fitted and set at a level agreed with the Principal Environmental Health Officer at Basildon Borough Council.
c) The additional hours are not to be used until the works specified in the application to vary the licence (June 2011) have been completed, including soundproofing and the fitting of noise limiter, save for the use of the outside area after 22:00 for smoking which can be used immediately subject to the condition imposed under paragraph 5 above.
d) The refurbishment works at the premises specified in the application to vary the licence (June 2011) may also include, subject to planning permission, any reasonable recommendations of the Principal Environmental Health Officer at Basildon Borough Council.
7. Ventilation, smoke, fire alarm and emergency systems throughout the premises should be maintained in good working order.
8. A minimum of two SIA registered door staff will be on duty from 20:00 until the premises close on Friday, Saturday and Bank Holiday Sundays.
9. The premises shall operate a ‘Challenge 25 Policy’
10. The Premises Licence Holder shall maintain an incident book which shall be kept on the premises detailing all incidents of personal injury, damage, disorder and refusals of access or service. This book is to be made available for inspection upon request to the Police and any Authorised Officer of the Licensing Authority.
11. No customer shall be admitted to the premises after 00.00 hours (Midnight)
12. A Personal Licence Holder will be on duty from 20.00 hours until the premises close on Friday, Saturday and Bank Holiday Sunday.
13. The Premises Licence Holder will observe the dispersal procedure attached to the application to vary the application (June 2011), as amended in line with other conditions imposed at the hearing on 30 August 2011 and as amended from time to time in agreement with Essex Police.
This information is sourced from the Decision Notice of the Licensing Act 2003 Sub-Committee, Basildon Borough Council. The notice may be found in the document shown below (starts p4):
Planning Permission
Separately and in addition to licence conditions, the premise is also subject to planning permission conditions. Its situation is a little complex. It breaks down as follows.
April 2011. Planning permission was granted for significant renovations subject to conditions as follows:
1) Regarding the outside area, it “shall only be for a maximum of 5 tables and 20 chairs and only between the hours of 0900 to 2200 daily, after which time the tables and chairs shall be removed from the area and stored elsewhere. Drinks shall only be served to persons in the outside dining area who are seated at the tables eating a meal and the windows and doors hereby permitted shall only be open between the hours of 0900 to 2200 daily. Furthermore, the permission hereby granted does not infer any permission to use any other areas outside the building for dining or drinking purposes”
2) Within three months of permission (which was granted 15 April 2011) “a barrier which incorporates a permanent method of fixing to the ground, such as holes in the ground, but the structure itself shall be removed outside the hours of 0900 to 2200”.
The application can be viewed using the following link:
The Decision Notice can be viewed at:
February 2004. The 2011 Decision Notice also draws attention to the conditions imposed by the original planning application from 2004 which allowed use of the outside area, application 04/01266/FULL; the Decision Notice for which you can view at:
This application was initially refused. It was granted following an appeal and enquiry:
In particular, the following condition was imposed:
“Drinks shall only be served to those seated at tables eating a meal, with glassware provided and used for the consumption of cold beverages to be made from "toughened" safety glass.
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