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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.
Where a Member does not have either a Disclosable Pecuniary Interest (DPI) or Other Significant Interest (OSI) but is of the opinion that for transparency reasons alone s/he should make an announcement in respect of a matter under consideration, they can make a Voluntary Announcement of Other Interests (VAOI). A Member declaring a VAOI may still remain at the meeting and vote on the matter under consideration.
Note to the Code:
Situations in which a Member may wish to make a VAOI include membership of outside bodies that have made representations on agenda items; where a Member knows a person involved, but does not have a close association with that person; or where an item would affect the well-being of a Member, relative, close associate, employer, etc. but not his/her financial position. It should be emphasised that an effect on the financial position of a Member, relative, close associate, employer, etc OR an application made by a Member, relative, close associate, employer, etc would both probably constitute either an OSI or in some cases a DPI. Minutes: There were no declarations of interest from Members. |
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Licensing Act 2003 - Application For The Variation Of A Premises Licence In Respect Of: Hole In The Roof, 42 - 44 QUEEN STREET, DEAL The Sub-Committee is requested to determine the application.
Applicant: Punch Taverns PLC
The following papers are attached.
(i) Licensing Officer's report. (ii) Appendix A - Application to VARY a Premises License. (iii) Appendix B - A copy of the Existing Premises License. (iv)Appendix C – Location Plan. (v) Appendix D – Representations from Other Persons.
The procedure to be followed by the Sub-Committee is attached to this agenda.
Minutes: The Sub-Committee considered an application for a variation of an existing premises licence from the applicant, Punch Taverns Plc, for the Hole in the Roof, 42-44 Queen Street, Deal. The application was for a variation of the existing premises licence to: (a) EXTEND the hours of licensable activities in respect of the supply of alcohol (for consumption on and off the premises) from 10:00 to 00:00 (Friday) and from 10:00 to 01:00 (Saturday) to 10:00 to 02:00 the day following (Friday) and 10:00 to 02:30 the day following (Saturday).
(b) EXTEND the hours for Live Music and Recorded Music from 10:00 to 01:00 the day following (Friday) and 10:00 to 01:00 the day following (Saturday) to 10:00 to 02:00 the day following (Friday) and 10:00 to 02:30 the day following (Saturday). (c) EXTEND the hours the premises are open to the public from 07:00 to 00:30 the day following (Friday) and 07:00 to 01:30 the day following (Saturday) TO 07:00 to 02:30 the day following (Friday) to 07:00 to 03:00 the day following Saturday). On the basis of the representation of the applicant, the responsible authorities 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) The Sub-Committee did not accept the view put forward by Mrs N Rushworth that the Police had wanted to make representations but had not been consulted by the Licensing Authority They accepted that the Police had been consulted in the normal manner. (iii) There was no evidence to establish exactly where the noise and anti-social behaviour experienced by the other persons was coming from and therefore any such behaviour could not be linked directly with the operation of the premises. (iv) There had been nine TENs given in the period between 28 January 2014 and 20 April 2014. No objection notices were served by the Police or Environmental Health and there had been no complaints received by the Licensing Team during the events. In reaching its finding, the Sub-Committee took into account the following: (i) Sections 34 & 35 Licensing Act 2003, which deal with applications for variation and determination of such applications. (ii) The guidance issued under s.182 Licensing Act 2003, and in particular paragraphs 2.24 and 2.40. (iii) The judgement in the case of R. (on the application of Daniel Thwaites PLC) v Wirral Borough Magistrates Court in which it was held that speculative representations should be disregarded unless supported by previous facts as evidence. (iv) The Dover District Council Licensing Policy.
RESOLVED: That the application for a variation in the premises licence of the Hole in the Roof, 42-44 Queen Street, Deal be determined as follows: (a) GRANT the variation to extend the hours of licensable activities in respect of the supply of alcohol (for consumption on and off the premises) to 10:00 to 02:00 the day following (Friday) and 10:00 to 02:30 the day following (Saturday). (b) GRANT the variation ... view the full minutes text for item 32. |