Agenda and minutes
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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 grant of a premises licence in respect of KT Convenience Store, 9 High Street, Deal, Kent CT14 7AA The Sub-Committee is requested to determine the application.
Applicant: Kandeepan Amirthalingam
The following papers are attached.
(i) Licensing Team Leader's report (ii) Appendix A – Application (iii) Appendix B – Map of Area (iv) Appendix C - Copy of representations from Other Persons (v) Appendix D – 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 K Amirthalingam in respect of the KT Convenience Store, 9 High Street, Deal, Kent CT14 7AA for the grant of a new premises licence under Section 17 of the Licensing Act 2003, to permit the supply of alcohol for consumption off the premises and the opening hours.
On the basis of the representations submitted by the applicant, the applicant’s representative and other persons, the Sub-Committee found the following facts to be established:
(i) That, following representations, the applicant had worked flexibly with the Licensing Authority and this had resulted in two amendments being made to the terminal opening hour as originally submitted.
(ii) That the applicant’s representative stated that the applicant had co-operated with the Police who were satisfied with the additional measures the applicant had taken in relation to CCTV systems at the premises.
(iii) That the concerns relating to anti-social behaviour and crime and disorder raised by other persons were not linked directly to the proposed operations of the premises.
(iv) The Sub-Committee had regard to the fact that the Police had not made representations, and had submitted no evidence relating to potential problems regarding crime and disorder.
In reaching its finding, the Sub-Committee took into account the following:
(i) The Licensing Act 2003 and in particular Section 18 and the guidance given under Section 182.
(ii) The Dover District Council Licensing Policy.
(iii) Article 6 of the Human Rights Act 1998 (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 R (on the application of Daniel Thwaites Plc) v Wirral Borough 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 premises licence for the KT Convenience Store, 9 High Street, Deal, Kent CT14 7AA be granted as follows:
(a) GRANT the premises licence for the Supply of Alcohol (for consumption off the premises) from:
(b) GRANT the hours the premises is open to the public from:
Subject to conditions consistent with the operating schedule.
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