Agenda and minutes

Licensing Sub-Committee - Thursday, 31st August, 2017 10.00 am

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Venue: Council Chamber

Contact: Jemma Duffield  Democratic Support Officer

Items
No. Item

5.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor N A G Richards.

6.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillor D Hannent was appointed as substitute for Councillor N A G Richards.

7.

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.

8.

Licensing Act 2003 - Application to vary a Premises Licence at Der Bar, 152 High Street, Deal CT14 6BG

The Sub-Committee is requested to determine the application.

 

Applicant:   John Hill-Turner

 

The following papers are attached.

 

(i)         Licensing Team Leader’s report .

(ii)        Appendix A – Application to vary the premises licence.

(iii)       Appendix B – Existing licence.

(iv)       Appendix C – Map of the area.

(v)        Appendix D – Representations.

 

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

Minutes:

The sub-committee considered an application from Mr J Hill -Turner in respect of Der Bar, 152 High Street, Deal CT14 6BG. The application was for the variation of a premises licence for:

 

Supply of Alcohol (for consumption ON the premises)

 

Every Day

11:00 – 23:30 hrs

Seasonal Variations

Christmas Eve

Boxing Day

New Year’s Eve

Bank Holidays –

Sunday/Monday

 

11:00 – 00:30 hrs

 

Live Music

 

Monday - Friday

18:00 – 23:30 hrs

Saturday – Sunday

12:00 – 23:30 hrs

Seasonal Variations

Christmas Eve

Boxing Day

New Year’s Eve

Bank Holidays –

Sunday/Monday

 

11:00 – 00:30 hrs

 

Recorded Music

 

Every Day

11:00 – 23:30 hrs

Seasonal Variations

Christmas Eve

Boxing Day

New Year’s Eve

Bank Holidays –

Sunday/Monday

 

11:00 – 00:30 hrs

 

Prior to the Hearing and having taken into account the objections to the application, the applicant amended the application as followed:

 

Supply of Alcohol (for consumption ON the premises)

 

Sunday – Thursday

10:00 – 22:00 hrs

Friday – Saturday

10:00 – 23:00 hrs

Seasonal Variation –

Bank Holiday Sundays

 

10:00 – 23:00 hrs

 

 

Recorded Music

 

Sunday – Thursday

10:00 – 22:00 hrs

Friday – Saturday

10:00 – 23:00 hrs

 

 

 

 

Live Music

 

Sunday – Thursday

11:00 – 21:30 hrs

Friday – Saturday

10:00 – 23:00 hrs

 

All parties were given the opportunity to withdraw their objection based on the amendments. Following consultation Mr David Warden withdrew his objection. The applicant amended the application further at the Hearing by removing the seasonal variation request for the sale of alcohol.

 

On the basis on the representations of the applicant, his 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 having considered the 19 representations objecting to the application the applicant amended the application and reduced the hours for the sale of alcohol. Following this amendment one objection was withdrawn.

 

(iii)            That at the Hearing the applicant chose to further amend the application and remove the request for the seasonal variation for the sale of alcohol. In addition the request for live and recorded music was removed as this was already permitted within the Licensing Act 2012.

 

(iv)            The licence was granted in 2015 but that the premises did not begin trading until 2016.

 

(v)             Objectors were concerned with and gave first-hand experience of the level of noise emanating from the premises and patrons in the street that were congregating whilst smoking and drinking.

 

(vi)            The sub-committee considered there to be two aspects of noise. The first from music which under the deregulation was outside the scope of this determination. The other was noise from patrons. The sub-committee were of the view that extending the hours as per the application would not undermine the licensing objective of public nuisance.

 

(vii)           It was alleged that the applicant had not adhered to the conditions placed on the existing licence and in particular relating to the closing of windows and doors at the premises.  ...  view the full minutes text for item 8.