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.
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 grant of a premises licence in respect of: Deal Service Station, 47-51 London Road, Deal The Sub-Committee is requested to determine the application.
Applicant: Gearge Hammond PLC
The following papers are attached.
Appendix A: Application Appendix B: Map of area Appendix C: Copy of representations
The procedure to be followed by the Sub-Committee is attached to this agenda. Minutes: The Sub-Committee considered an application from George Hammond PLC in respect of Deal Service Station, 47-51 London Road, Deal CT14 9TF. The application was for the grant of a new premises licence for a petrol forecourt store to sell alcohol (off the premises), every day from 06.00 to 23.00 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) There had been no representations made by any of the Responsible Authorities, including the Police.
(ii) That the primary use of the premises will be the convenience store and not the sale of fuel.
In reaching its finding, the Sub-Committee took into account the following:
(i) Sections 17 and 18 of the Licensing Act 2003, which deal with applications for premises licence and determination of such applications.
(ii) The guidance issued under s.182 Licensing Act 2003, and in particular paragraphs 5.21 – 5.23.
(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) Dover District Council Licensing Policy Statement.
RESOLVED: That in accordance with the Notice of Determination (NOD/2014/001) the application for a premises licence for Deal Service Station, 47-51 London Road, Deal, CT14 9TF be approved as follows:
(i) GRANT the application for the supply of alcohol (for consumption off the premises) every day from 06.00 hours to 23.00 hours subject to conditions consistent with the operating schedule and the following condition imposed by the sub-committee:
(ii) There shall be no single cans of beer, lager or cider from the premises and no single bottles of beer, lager or cider in vessels of less than 500ml.
REASON: The prevention of public nuisance and the prevention of crime and disorder. |