Agenda and minutes
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Contact: Rebecca Brough Team Leader - Democratic Support
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Apologies for Absence To receive any apologies for absence. Minutes: There were no apologies for absence. |
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Appointment of Substitute Members To note appointment of Substitute Members. Minutes: There were no substitute members appointed. |
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Declarations of Interest To receive any declarations of interest from Members in respect of business to be transacted on the agenda.
Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting. The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so. If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.
Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting. The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter. In the latter case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules. Minutes: There were no declarations of interest from Members. |
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Licensing Act 2003 - Application for the Grant of a Premises Licence in respect of Blind Illusions, 160-162 High Street, Deal CT14 6BG The Sub-Committee is requested to determine the application.
Applicant: Jeffrey M Lenham and Gary C Lahr
The following papers are attached.
(i) Application (ii) Map of area (iii) Representation made by Mr Kneale (iv) Correspondence from applicants (v) Statement of Policy and Principles
The procedure to be followed by the Sub-Committee is attached to this agenda. Minutes: The Sub-Committee considered an application from Mr J M Lenham and Mr G C Lahr, in respect of Blind Illusions, 160-162 High St, Deal, Kent CT14 6BG for the grant of a new premises licence under section 17 Licensing Act 2003 to permit the supply of alcohol for consumption on and off the premises and the provision of recorded music (indoors).
On the basis of the representations and agreed suggested conditions submitted by the applicant, the responsible authorities and other persons, the Sub-Committee found the following facts to be established:
(i) Permission to place tables and chairs on the public highway in accordance with the plans produced by the applicant would require separate licensing and planning permission and was not covered by the grant of this premises licence. In reaching its finding, the Sub-Committee took into account the following:
(i) The Licensing Act 2003 and in particular the guidance given under Section 182 of the Act. (ii) The Dover District Council Licensing Policy. (iii) Article 6 of the Human Rights Act (Right to a fair trial). (iv) Section 17 of the Crime and Disorder Act 1998 (Duty to consider crime and disorder implications). (v) The judgement in the case of Daniel Thwaites PLC V Wirral Magistrates Court 2008 in which it was held that speculative representations should be disregarded unless supported by previous facts as evidence.
RESOLVED: That the application for a premise licence for the Blind Illusions, 160-162 High St, Deal, Kent CT14 6BG be granted as follows:
(i) GRANT the premises licence for the Supply of Alcohol (for consumption on and off the premises) from:
(ii) GRANT the premises licence for Recorded Music (Indoors) from:
(iii) GRANT the premises licence for Opening Hours from:
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