Agenda and minutes

Licensing Sub-Committee - Friday, 4th August, 2017 10.00 am

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Venue: Council Chamber

Contact: Jemma Duffield  Democratic Support Officer

Items
No. Item

1.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor M Rose.

2.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, that Councillor S F Bannister was appointed as substitute for Councillor M Rose.

3.

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 made by Members.

4.

Licensing Act 2003 - Application for the Grant of a Premises Licence at 43 Biggin Street, Dover

The Sub-Committee is requested to determine the application.

 

Applicant:   Arsto Ltd

 

The following papers are attached.

 

(i)         The Licensing Team Leader’s report.

(ii)        Application.

(iii)       Plan of the area.

(iv)       Representations.

(v)        Representation from the Police.

 

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

Minutes:

The sub-committee considered an application from Arsto Ltd in respect of 43 Biggin Street, Dover CT16 1DB. The application was for the grant of a premises licence for:

 

Supply of Alcohol (for consumption OFF the premises)

 

Every Day

08:00 – 22:00 hrs

 

At the outset of the hearing the police sought to introduce statements that were presented as part of the Medway hearings, there was no objection from any part and copies of the statements were provided to all present. On the basis of the representations of the applicant and the responsible authority, the sub-committee found the following facts to be established:

 

(i)                   The location of the premises had a large number of licensed premises in the vicinity (22 other licensed premises within a 200 metre radius) and was suffering from an increase in anti-social behaviour from various groups of people, including street drinkers.

 

(ii)                 There was no cumulative impact assessment of problems caused by the licensed premises in the area. As a result there was no special policy in respect of the location.

 

(iii)                Kent Police objected to the application on the grounds of Crime and Disorder, Public Nuisance and Public Safety. Based on the previous record of the applicant, Mr Donchev (Director of Arsto Ltd), the application could be detrimental to the situation in the area with regard to alcohol related crime and disorder.

 

(iv)                Mr Donchev was the Director of Arsto Ltd and was named as the Designated Premises Supervisor (DPS) for the proposed premises licence at 43 Biggin Street. Mr Donchev had previously been the Director of companies known as Donston Ltd and Donsto Ltd which held premises licences – at both of which Mr Donchev was named as the DPS.

 

(v)                 The applicant (Mr Donchev) had owned a premise (Eurofoods) in the Medway area under the company name Donston Ltd which Kent Police and Public Health had requested a review of the licence. As a result of the review the premises licence was revoked on 26th July 2016 and was later upheld on appeal at Court. The decision notice stated that this was “because of the licensees’ failure to meet any Licensing Objectives in any meaningful sense and because the Licensee has displayed continuing poor standards and a failure to co-operate with Local Authority, Police or Public Health.”

 

(vi)                The applicant (Mr Donchev) under the company name Donsto Ltd submitted a new application for the same premises (Eurofoods) which Kent Police objected to. This was heard at a Hearing of Medway Council’s Licensing Hearing panel on Tuesday 28th March 2017 where the application was refused.

 

(vii)              Mr Donchev stated the reason for applying to open a shop in Dover was as he was unable to in Medway and the premise at 43 Biggin Street was previously owned by his partner. He was aware of the current problems of street drinkers in the town and would ensure his staff would be fully trained to deal with all alcohol  ...  view the full minutes text for item 4.