Agenda and minutes

There were no apologies for absence received from Members.

There were no substitute Members appointed.

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

There were no declarations of interest made by Members.

The Sub-Committee is requested to determine the application.

Applicant:   Peter Davison – Senior Environmental Protection Officer

The following papers are attached.

(i)               Licensing Team Leader’s Report

(ii)              Appendix A -   Map of the area

                        Appendix B -   Review application submitted by Environmental Health

                        Appendix C -   Representation made by Kent Police

                        Appendix D -   Representation made by Other Parties

                        Appendix E -   Current premises licence

The procedure to be followed by the Sub-Committee is attached to this agenda.

The Sub-Committee considered an application for the review of a premises licence in respect of Kings Hall, 287 London Road, Dover, CT17 0SY. The review was made under Section 51 of the Licensing Act 2003 as requested by Dover District Council Environmental Health as a Responsible Authority on the grounds that the licensing objective of Prevention of Public Nuisance was not being promoted.

On the basis of the representations of the applicant for the review, the responsible authorities and other persons, the Sub-committee found the following facts to be established.

(i)               The hours for licensable activities were as follows:

Live and Recorded Music

Alcohol Sales

Late Night Refreshment

(ii)              On 4 April 2015, Dover District Council’s Out of Hours (OOH) noise service received calls at 00:17hrs and at 02:30hrs regarding loud music from Kings Hall. The callers were not on the referral list so no visit was made although access to the service was given in case of future events.

(iii)            On 8 April 2015 P Davison (Senior Environmental Protection Officer) spoke to the Premises Licence Holder, Mr B Ward, and was advised he was also the Designated Premises Supervisor (DPS) although this was in the process of being transferred to Mr J Mirga. Mr Mirga  was the DPS with effect from 20 April 2015.

(iv)            On 17 April 2015 local residents rang the police regarding a disturbance from Kings Hall. The OOH noise service was also called and visited the area at 01:15hrs on 18 April 2015. Mr Mirga was advised a nuisance had been witnessed and a noise abatement notice would be served under Section 80 of the Environmental Protection Act 1990.

(v)             On 24 April 2015 a noise abatement was served on Mr Mirga and a copy of the notice was sent to Mr Ward. No appeal against the notice was made.

(vi)            On 26 April 2015 a call was made at 01:29hrs to the OOH service. The music stopped at 01:30hrs before the officers could attend.

(vii)           On 3 May 2015 noise officers were called and visited the area at 00:40hrs and witnessed a breach of the notice. Mr Mirga was advised he was breaching the notice.

(viii)         On 6 May 2015 Mr Mirga was written to and invited for a PACE interview on 14 May 2015.

(ix)            On 9 May 2015 noise officers were called out in the early hours but no breach was witnessed.

(x)             On 10 May 2015 noise officers were called out and a breach of the notice was witnessed at 01:10hrs. The music had stopped at 01:25hrs.

(xi)            On 11 May 2015 Mr Davison telephoned Mr Ward and advised him of the ongoing problems.

(xii)           On 14 May 2015 Mr Mirga was interviewed under caution. He acknowledged receipt of the abatement notice and stated that he  ...  view the full minutes text for item 13.