Agenda item

The Sub-Committee is requested to determine the application.

Applicant:   Breakwater Brewery Ltd

The following papers are attached.

(i)         Licensing Team Leader’s report.

(ii)        Appendix A – Application and Plan.

(iii)       Appendix B – Map of the area.

(iv)       Appendix C – Copies of representations.

The procedure to be followed by the Sub-Committee is attached to this agenda.

The sub-committee considered an application from Breakwater Brewery Ltd in respect of Breakwater Brewery and Tap Room, St Martin’s Yard, Lorne Road, Dover CT16 2AA. The application was for the grant of a Premises Licence for:

Supply of Alcohol (for consumption ON and OFF the premises)

On the basis of the representations of the applicant, his representatives, and other persons, the sub-committee found the following facts to be established.

(i)                   There had been no representations made by any of the Responsible Authorities including the Police.

(ii)                 Kent Police viewed the application during the consultation process and requested that a condition be applied to the licence which related to the CCTV. This was added to the operating schedule by the applicant so subsequently Kent Police chose not to make formal representation.

(iii)                There was information contained within the representation that was not relevant to the Licensing Objectives and therefore could not be considered by the sub-committee.

(iv)                Mr P Lowry, the designated premises supervisor, was an experienced licensee, having been involved in the licensing trade for most of his life. He has a degree in Hospitality and has worked in many bars and nightclubs across the world.

In reaching its findings the sub-committee took into account the following:

(i)                   Dover District Council’s Licensing Policy.

(ii)                 The Licensing Act 2003 and the guidance given under Section 182 of the Act.

(iii)                Section 18 of the Licensing Act which deal with applications for premises licence and determination of such application.

(iv)                The judgment in the case of Daniel Thwaites PLC V Wirral Borough Magistrates Court [2008] EWHC 38 (Admin).

RESOLVED:   That the application for a premises licence in respect of Breakwater Brewery and Tap Room, St Martin’s Yard, Lorne Road, Dover CT16 2AA be determined as follows:

                        Supply of Alcohol (for consumption ON and OFF the premises)

                        Subject to conditions consistent with the operating schedule which (for the avoidance of doubt) includes the CCTV condition suggested by Kent Police.