Agenda item

The Sub-Committee is requested to determine the application.

Applicant:   Mr Sumitkumar Dilipbhai Patel

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 Mr S Patel in respect of Namaste, The Quay, Sandwich CT13 9EN. The application was for the grant of a premises licence for:

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

Late Night Refreshment

Live and Recorded Music, Performance of Dance and Provision of facilities for Dancing

Films

Having taken into account the objections to the application the applicant made an amendment to the application at the Hearing and removed the request for activities save the supply of alcohol.

The applicant sought 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 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)                 That having received the representations from the Other Parties the applicant met with local residents and amended the original application. As a result of the amendment, Mr R Coleman and Mr R Barry withdrew their representations.

(iii)                That at the Hearing, the applicant chose to amend the application again to remove the request for all activities save the supply of alcohol for consumption on and off the premises.

(iv)                That having made the amendment the sub-committee adjourned the Hearing to allow for the Other Persons in attendance to discuss and consider if they still wished to make representations against the grant of the licence.

(v)                 That upon reconvening having discussed and considered the representations of his ward, Councillor Holloway withdrew the objections to the amended application on behalf of those he was representing and the Other Persons in attendance.

(vi)                The remaining representations, which had not been withdrawn, were considered by the sub-committee.

(vii)              The sub-committee disregarded representations made outside of the hearing and application process.

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 17 of the Crime and Disorder Act 1998.

(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 Namaste, The Quay, Sandwich CT13 9EN be GRANTED as follows:

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

                        Conditions as per the operating schedule would be applied to the     licence.