Agenda and minutes

Licensing Sub-Committee - Friday, 12th May, 2017 10.00 am

For those meetings that are being broadcast (as agreed by Council in July 2022) there will be a link to view the live broadcast under the ‘Media’ heading below. Guidance on how to watch live broadcasts of meetings.

The link to view a recording of a meeting that was broadcast can be found on the Council’s YouTube channel (@doverdc)

Venue: Council Chamber - Council Offices. View directions

Contact: Jemma Duffield  Democratic Support Officer

Items
No. Item

25.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor S M Le Chevalier.

26.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillor P S Le Chevalier was appointed as substitute for Councillor S M Le Chevalier.

27.

Declarations of Interest

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

Minutes:

Councillor P S Le Chevalier declared a Voluntary Announcement of Other Interests (VAOI) in Minute No 28 by reason that he was a customer of Namaste, dining there 2 or 3 times a year.

28.

Licensing Act 2003 - Application for the grant of a premises licence at Namaste, The Quay, Sandwich

The Sub-Committee is requested to determine the application.

 

Applicant:   Mr Sumitkumar Dilipbhai Patel

 

The following papers are attached.

 

(i)         Licensing Team Leader’s report.

(ii)        Appendix A – Application and Plan.

(iii)       Appendix B – Map of the area.

(iv)       Appendix C – Copies of representations.

 

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

Minutes:

The sub-committee considered an application from Mr S Patel in respect of Namaste, The Quay, Sandwich CT13 9EN. The application was for the grant of a premises licence for:

 

Supply of Alcohol (for consumption ON and OFF the premises)

 

Monday – Thursday

10:00 – 23:00 hrs

Friday – Sunday

10:00 – 01:30 hrs

Non-standard timings as follows:

 

New Year’s Eve

Diwali Festival

Christmas Eve

Bank Holidays

St George’s Day

St Patrick’s Day

 

 

 

10:00 – 01:30 hrs

 

 

Late Night Refreshment

 

Monday – Thursday

23:00 – 00:00 hrs

Friday – Sunday

23:00 – 01:30 hrs

 

Live and Recorded Music, Performance of Dance and Provision of facilities for Dancing

                       

Friday – Sunday

23:00 – 00:00 hrs

Non-standard timings as follows:

 

New Year’s Eve

Diwali Festival

Christmas Eve

Bank Holidays

St George’s Day

St Patrick’s Day

 

 

 

10:00 – 01:30 hrs

           

 

Films

 

Friday – Sunday

23:00 – 00:00 hrs

Non-standard timings as follows:

 

New Year’s Eve

Diwali Festival

Christmas Eve

Bank Holidays

St George’s Day

St Patrick’s Day

 

 

 

23:00 – 01:00 hrs

 

Having taken into account the objections to the application the applicant made an amendment to the application at the Hearing and removed the request for activities save the supply of alcohol.

 

The applicant sought for the grant of a premises licence for:

 

Supply of Alcohol (for consumption ON and OFF the premises)

 

                       

Monday – Thursday

10:00 – 23:00 hrs

Friday – Sunday

10:00 – 00:00 hrs

Non-standard timings as follows:

 

New Year’s Eve

Diwali Festival

Christmas Eve

Bank Holidays

St George’s Day

St Patrick’s Day

 

 

10:00 – 01:30 hrs

 

 

On the basis of the representations of the applicant 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 having received the representations from the Other Parties the applicant met with local residents and amended the original application. As a result of the amendment, Mr R Coleman and Mr R Barry withdrew their representations.

 

(iii)                That at the Hearing, the applicant chose to amend the application again to remove the request for all activities save the supply of alcohol for consumption on and off the premises.

 

(iv)                That having made the amendment the sub-committee adjourned the Hearing to allow for the Other Persons in attendance to discuss and consider if they still wished to make representations against the grant of the licence.

 

(v)                 That upon reconvening having discussed and considered the representations of his ward, Councillor Holloway withdrew the objections to the amended application on behalf of those he was representing and the Other Persons in attendance.

 

(vi)                The remaining representations, which had not been withdrawn, were considered by the sub-committee.

 

(vii)              The sub-committee disregarded representations made outside of the hearing and application process.

 

In reaching its findings the sub-committee took into account the following:

 

(i)                   Dover District Council’s Licensing Policy.

 

(ii)                 The Licensing Act 2003 and the guidance given under Section 182 of the Act.

 

(iii)                Section 17 of the Crime and Disorder  ...  view the full minutes text for item 28.

29.

Licensing Act 2003 - Application for the grant of a premises licence at The Salutation, Knightrider Street, Sandwich

The Sub-Committee is requested to determine the application.

 

Applicant:   The Salutation Hotel Ltd

 

The following papers are attached.

 

(i)               Licensing Team Leader’s report

(ii)              Appendix A – Application and Plan

(iii)            Appendix B – Map of the area

(iv)            Appendix C – Copies of representations

 

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

Minutes:

The sub-committee considered an application from The Salutation Hotel Ltd in respect of The Salutation, Knightrider Street, Sandwich CT13 9EW. The application was for the grant of a premises licence for:

 

Supply of Alcohol (for consumption ON the premises)

 

Every Day

10:00hrs – 00:00hrs

Seasonal Variations

New Year’s Eve

 

10:00hrs – 01:00hrs

Non-standard timings

Residents of the hotel and their bona fide guests

 

24 hours a day

 

Plays

 

Every Day

23:00hrs – 00:00hrs

 

Films

 

Every Day

10:00hrs – 00:00hrs

 

Performance of Dance

 

Every Day

23:00hrs – 00:00hrs

 

Late Night Refreshment

 

Every Day

23:00hrs – 00:00hrs

Seasonal Variations

New Year’s Eve

 

23:00hrs – 01:00hrs

 

On the basis of the representations of the applicant, the responsible authority and other persons, the sub-committee found the following facts to be established:

 

(i)                   That following mediation with those who had made representations to the original application, the applicant amended the application to withdraw the request for Live and Recorded Music between 23:00hrs – 00:00hrs.

 

(ii)                 That following the amendment to the application, R Smart, J Yapp, A Laughlin and Dover District Council (DDC) Environmental Health withdrew their representations. The two representations that remained were considered.

 

(iii)                That Mr J Fothergill had taken over the running of the premises in December 2016 following a Change of Use application being granted to change the use of the premises from Bed and Breakfast to a Luxury Boutique Hotel including a fine dining restaurant.

 

(iv)                That the applicant did not intend to increase the number of weddings and external events at the premises. The licence allowed up to 12 weddings per year although Mr Fothergill was not intending to have more than 3.

 

(v)                 That the complaints made to DDC’s Environmental Health relating to music events at The Salutation were received prior to Mr Fothergill taking over the running of the premises.

 

In reaching its findings the sub-committee took into account the following:

 

(i)               Dover District Council’s Licensing Policy.

 

(ii)              The Licensing Act 2003 and the guidance given under Section 182 of the Act.

 

(iii)            Section 17 of the Crime and Disorder Act 1998.

 

(iv)            The judgment in the case of Daniel Thwaites PLC V Wirral Borough Magistrates Court [2008] EWHC 38 (Admin).

 

RESOLVED:   That the application for a premises licence in respect of The Salutation, Knightrider Street, Sandwich CT13 9EW be GRANTED as follows:

 

Supply of Alcohol (for consumption ON the premises)

 

Every Day

10:00hrs – 00:00hrs

Seasonal Variations

New Year’s Eve

 

10:00hrs – 01:00hrs

Non-standard timings

Residents of the hotel and their bona fide

 

24 hours a day

 

Plays

 

Every Day

23:00hrs – 00:00hrs

 

Films

 

Every Day

10:00hrs – 00:00hrs

 

Performance of Dance

 

Every Day

23:00hrs – 00:00hrs

 

Late Night Refreshment

 

Every Day

23:00hrs – 00:00hrs

Seasonal Variations

New Year’s Eve

 

23:00hrs – 01:00hrs

 

Conditions as per the operating schedule would be applied to the licence.

30.

Licensing Act 2003 - Application for the grant of a premises licence at The Booking Hall, Old Harbour Station, Elizabeth Street, Dover

The Sub-Committee is requested to determine the application.

 

Applicant:   Stuart Cameron

 

The following papers are attached.

 

(i)         Licensing Team Leader’s report.

(ii)        Appendix A – Application and plan.

(iii)       Appendix B – Map of the area.

(iv)       Appendix C – Letter from Kent Fire and Rescue Service.

(v)        Appendix D – Representation made by Kent Police.

 

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

Minutes:

The sub-committee considered an application from The Booking Hall, Old Harbour Station, Elizabeth Street, Dover CT17 9FE. The application was for the grant of a premises licence for:

 

Supply of Alcohol (for consumption ON the premises)

 

Every day

12:00hrs - 23:00hrs

 

Plays

 

Every Day

12:00hrs – 23:00hrs

 

Films

 

Every Day

12:00hrs - 00:00hrs

 

Recorded Music

 

Every Day

12:00hrs – 00:00hrs

 

Performance of Dance

 

Every Day

12:00hrs – 00:00hrs

 

On the basis of the representations of the applicant and his representative, the responsible authority and its witness the sub-committee found the following facts to be established:

 

(i)                   That Kent Police was objecting to the application on the grounds of Public Safety.

 

(ii)                 On 18 April 2017 PC Noddings – Kent Police had been made aware of a letter to Paul Bannon (Senior Building Control Surveyor, Dover District Council) from Mark Moore, Fire Safety Manager, Kent Fire and Rescue Service (KFRS). The letter concluded that following a visit made to the premises in late 2016 by the local TFS group the capacity of The Booking Hall was limited to 60 persons due to the lack of means of escape from the premises via routes which were owned by the applicant.

 

(iii)                That KFRS had not objected to the application as the Responsible Authority and was called upon as a witness for Kent Police.

 

(iv)                That Kent Police stated that if the premises were to operate to full capacity of 360 persons, KFRS could issue a prohibition on the premises and evacuate the building. This would cause concern for Kent Police as a Public Order situation could occur.

 

(v)                 That Kent Police asked that conditions be placed on the licence to restrict the premises to 60 persons including customers, staff and SIA staff at all times.

 

(vi)                That Fire Inspectors from KFRS had inspected the premises on two occasions and provided considerable advice to the applicant.

 

(vii)              That the applicant had sought advice from EK Fire Protection throughout the refurbishment of the premises. EK Fire Protection was unavailable to be in attendance at the meeting. An evacuation policy was being written and would include a large car park as a muster point.

 

(viii)             That the applicant advised he had use of the central part of the building (shown as “hall” on the plan). On either side of the hall were separate businesses not under the control of the applicant, each with its own lease.

 

(ix)                The hall itself had two fire exits, one opened outwardly and the other inwardly. KFRS stated that when considering fire safety, the best exit (the outward door) had to be assessed as being the seat of fire, and thus the other exit was the only one available and was only suitable to safely evacuate 60 persons.

 

(x)                 The applicant (as per the plan provided) proposed two additional means of escape, one via the “entrance hall” the other through the “gym”.

 

(xi)                That the applicant advised the hall was 18m x 10m and contained 4 heat detectors. There were  ...  view the full minutes text for item 30.