Agenda and minutes

Licensing Sub-Committee
Friday, 18th May, 2018 10.00 am

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    Contact: Jemma Duffield  Democratic Services 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, Councillor A M Napier 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

    The Sub-Committee is requested to determine the application.

     

    Applicant:   Head of Assets and Building Control, Dover District Council

     

    The following papers are attached.

     

    (i)         Licensing Team Leader’s report.

    (ii)        Appendix A – Application

    (iii)       Appendix B – Maps 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 Head of Assets and Building Control, Dover District Council, in respect of Kearsney Abbey and Russell Gardens, including Kearsney Abbey Tea Rooms, Kearsney Abbey, Alkham Road, Temple Ewell, Kent CT16 3DZ. The application was for the grant of a premises licence for Kearsney Abbey and Russell Gardens. The parks were open to the public 24 hours a day, 365 days a year.

     

    The application was for:

     

    Plays

    Films

    Live Music

    Recorded Music

    Performance of Dance

     

    Every Day

    08:00 to 23:00 hrs

     

    On the basis of the representations of the applicant, applicant’s 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 attended a Kearsney Parks Forum meeting, Mr Brady and Mrs Girgin-Brady withdrew their representation.

     

    (iii)                The parks were open to the public 24 hours a day, 365 days a year.

     

    (iv)                At the Hearing, Mrs S Nicholas stated that if the sub-committee was minded to grant the licence, that she would request the sub-committee to consider limiting the events to six per year.

     

    (v)                 The applicant’s representative stated that if the sub-committee were minded to grant the application twelve events per year would be suitable.

     

    (vi)                No events would take place between the hours 23:00 and 08:00 on any day.

     

    (vii)              Organisers would be expected to monitor noise levels along the appropriate park boundaries to ensure that amplified sound was not transmitted outside the park area.

     

    (viii)             Signage would be placed at the appropriate park boundaries asking audience members to respect neighbours and to leave the park quietly.

     

    (ix)                All large-scale events would go through the Events team at Dover District Council and circulated to the Events Safety Advisory Group (ESAG) for comments and amendment as necessary.

     

    (x)                 Organisers of large-scale events would be expected to produce a Traffic Management Plan as part of the application process and if necessary, will be expected to organise Park and Ride to minimise impact on the surrounding area.

     

    (xi)                All events would be published via social media and signage placed at the park boundaries to help notify local residents of upcoming events. Notification would also be given to the parish council.

     

    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:     (a)       That the application for a premises licence in respect of Kearsney Abbey and Russell Gardens, including Kearsney Abbey Tea Rooms, Kearsney Abbey, Alkham Road, Temple Ewell, Kent CT16 3DZ be GRANTED as follows:

     

                                          Plays

                                          Films

                                          Live Music

                                          Recorded Music

                                          Performance of Dance

     

    Every Day

    08:00 to 23:00 hrs

                                         

    (i)           There will be a maximum of twelve events in  ...  view the full minutes text for item 4.

    5.

    Licensing Act 2003 - Application for the Grant of a Premises Licence

    The Sub-Committee is requested to determine the application.

     

    Applicant:   Deal Town Football Club (2001) Limited

     

    The following papers are attached.

     

    (i)         Licensing Team Leader’s report.

    (ii)        Appendix A – Original application.

    (iii)       Appendix B – Map of the area.

    (iv)       Appendix C – Email amendment to application.

    (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 Deal Town Football Club (2001) Ltd in respect of Deal Town Football Club, The Charles Ground, St Leonard’s Road, Deal CT14 9AU. The application was for the grant of a premises licence for:

     

    Films

     

    Monday – Thursday

    10:00 to 23:00 hrs

    Friday - Saturday

    10:00 to 23:30 hrs

    Sunday

    10:00 to 23:00 hrs

     

    Supply of Alcohol (for consumption on the premises)

     

    Monday – Thursday

    10:00 to 00:00 hrs

    Friday – Saturday

    10:00 to 02:00 hrs

    Sunday

    10:00 to 23:00 hrs

    Seasonal Variations

     

    Sundays immediately before Bank Holiday Mondays

    Terminal hour to be extended by 1 hour

    New Year’s Eve

    From start of permitted hours on New Year’s Eve to the terminal hour of New Year’s Day

     

    During the consultation process, 23 relevant representations were received from local residents. The applicant was contacted and the nature of the representations was discussed. The applicant then amended their application as followed:

     

    Films

     

    To be removed from the application.

     

    Supply of Alcohol (form consumption on the premises)

     

    Monday – Saturday

    10:00 to 23:00 hrs

    Sunday

    10:00 to 23:00 hrs

    NO NON-STANDARD TIMINGS OR SEASONAL VARIATIONS

     

    All parties were given the opportunity to withdraw/amend their objection based on the amendments. Following consultation, of the 23 relevant representations to the original application, 11 withdrew them and 12 remained.

     

    On the basis of the representations of the applicant and the 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 23 relevant representations objecting to the application the applicant amended the application to try to address the issues raised in the objections.

     

    (iii)            Having discussed the application with PC Noddings during the consultation period, CCTV had been installed both inside and outside the premises and if the application were granted a condition would be included as followed:

     

    ‘CCTV is to be in operation at the premises, recorded for a minimum period of 28 days and provided to Police or Authorised Officers on request.’

     

    (iv)            The football club currently had a Club Premises Certificate which authorised the carrying out of licensable activities as followed:

     

    On the premises

    Alcohol Sales

    Sunday 12:00 to 23:30 hrs

    Monday 11:00 to 23:00 hrs

    Tuesday 11:00 to 23:00 hrs

    Wednesday 11:00 to 23:00 hrs

    Thursday 11:00 to 23:00 hrs

    Friday 11:00 to 23:00 hrs

    Saturday 11:00 to 23:00 hrs

    Non Standard Timings

    Good Friday: noon to 22:30 hrs

    New Year’s Eve: 11:00 to 23:00 hrs; when on a Sunday: noon to 22:30 hrs

     

    (v)             Residential properties were within close proximity of the football club, with properties being on all four side of the ground. At the hearing the objectors stated that there were issues with: light pollution from the lights at the ground; loud music, in particular the bass, from within the clubhouse; talking and shouting from patrons outside the clubhouse; noise from bottles being emptied into bins at the end of the  ...  view the full minutes text for item 5.

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