Agenda and minutes

Licensing Sub-Committee - Thursday, 28th August, 2014 10.00 am

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Items
No. Item

41.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence received from Members.

42.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

There were no substitute Members appointed.

43.

Declarations of Interest

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Minutes:

There were no declarations of interest received from Members.

44.

Licensing Act 2003 - Application For the Variation of a Premises Licence in Respect of Darvell's, 1-2 King Street, Dover

The Sub-Committee is requested to determine the application.

 

Applicant:   Mr Lee Ashman

 

The following papers are attached.

 

(i)            Licensing Manager's report

(ii)           Existing Licence

(iii)          Map of area

(iv)         Copy of Representations

(v)          Letter to Environmental Health from Mr Ashman

(vi)         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 L Ashman in respect of Darvell’s, 1-2 King Street, Dover, CT16 1NW. The application was for the variation of the existing premises licence to vary the hours to:

 

 

Supply of Alcohol (for consumption on the premises)

 

Monday

11:00 to 01:00

Tuesday

11:00 to 01:00

Wednesday

11:00 to 01:00

Thursday

11:00 to 01:00

Friday

11:00 to 02:30

Saturday

11:00 to 02:30

Sunday

11:00 to 01:00

Non-standard Timings

Christmas and New Year’s Eve

11:00 to 02:30

 

Supply of Alcohol (for consumption off the premises)

 

Monday

11:00 to 23:00

Tuesday

11:00 to 23:00

Wednesday

11:00 to 23:00

Thursday

11:00 to 23:00

Friday

11:00 to 23:00

Saturday

11:00 to 23:00

Sunday

11:00 to 23:00

                                                           

Live Music and Recorded Music

 

Monday

11:00 to 01:00

Tuesday

11:00 to 01:00

Wednesday

11:00 to 01:00

Thursday

11:00 to 01:00

Friday

11:00 to 02:30

Saturday

11:00 to 02:30

Sunday

11:00 to 01:00

Non-standard Timings

Christmas and New Year’s Eve

11:00 to 02:30

 

Late Night Refreshment

                                                           

Monday

23:00 to 01:00

Tuesday

23:00 to 01:00

Wednesday

23:00 to 01:00

Thursday

23:00 to 01:00

Friday

23:00 to 02:30

Saturday

23:00 to 02:30

Sunday

23:00 to 01:00

Non-standard Timings

Christmas and New Year’s Eve

23:00 to 02:30

Opening Hours

 

Monday

11:00 to 01:30

Tuesday

11:00 to 01:30

Wednesday

11:00 to 01:30

Thursday

11:00 to 01:30

Friday

11:00 to 03:00

Saturday

11:00 to 03:00

Sunday

11:00 to 01:30

Non-standard  Timings Christmas and New Year’s Eve

11:00 to 03:00

 

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)               On 3 July 2014 Peter Davison and PC Steve Alexander visited Darvell’s and spoke to the applicant, Mr Ashman.

 

(ii)              The premises had a single glazed façade and did not have the benefit of a lobbied entrance. Mr Davison advised Mr Ashman he would have to manage noise levels in order to prevent any nuisance being caused.

 

(iii)            Noise officers were called out on the evenings of Friday 18 and Saturday 19 July 2014, on both occasions witnessing music levels from Darvell’s which caused a statutory nuisance.

 

(iv)            On 7 August 2014, the Environmental Protection Team served an abatement notice under s.80 of the Environmental Protection Act 1990 on Mr Ashman and the Designated Premises Supervisor.

 

(v)             On 13 August 2014 a late Temporary Event Notice (TEN) was submitted for Sunday 24 August 2014 for the sale of alcohol and regulated entertainment from 00:00 – 02:30.

 

(vi)            On 14 August 2014 an objection was received and a Counter Notice was served.

 

(vii)           On 27 August 2014, 2 complaints were received regarding noise at an event on Sunday 24 August 2014.

 

(viii)         Mr Ashman stated that he could not and would not cancel the event on 24 August 2014 because he had already spent money promoting it.

 

In reaching its finding, the Sub-Committee took into account the following:

 

(i)               Sections 34 and 35 of the Licensing Act 2003 which deal with applications for variation  ...  view the full minutes text for item 44.