Agenda and minutes

Licensing Sub-Committee
Friday, 24th August, 2018 10.00 am

Venue: Council Chamber. View directions

Contact: Jemma Duffield  Democratic Services Officer

Items
No. Item

6.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were apologies for absence received from Councillors S F Bannister and A M Napier.

7.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillors D Hannent and M J Ovenden were appointed as substitutes for Councillors S F Bannister and A M Napier respectively.

8.

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.

9.

Licensing Act 2003 - Application to vary a Premises Licence at Premier Stores, 14 King Edward Road, Deal

The Sub-Committee is requested to determine the application.

 

Applicant:   Thiyagarajah Shangar and Thiyagarajah Arunthavachelvam

 

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 S Thiyagarajah and A Thiyagarajah in respect of Premier Stores, King Edward Road, Deal. The application was for the variation of a premises licence to increase the hours allowed for alcohol sales as followed:

 

Supply of Alcohol (for consumption OFF the premises)

 

Every Day

06:00 – 23:00 hrs

 

Immediately prior to the hearing the applicant amended the application as followed:

 

Supply of Alcohol (for consumption OFF the premises)

 

Monday to Saturday

07:00 to 23:00 hrs

Sunday

07:00 to 22:30 hrs

 

The applicant also advised that the store was now known as King Edward Store.

 

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 immediately prior to the hearing, the applicant chose to amend the application (as stated above).

 

(iii)                The applicant advised that a 7am licence was required as he had customers doing their shopping at that time and who wanted to purchase a bottle of wine.

 

(iv)                Other premises in the area that sold alcohol were open from 7am not 6am.

 

(v)                 Councillor Gardner stated that, on behalf of those he was representing and himself, the objections remained in spite of the amendment to the hours.

 

(vi)                The applicant had been running a business in Deal for the last 11 years and had held a licence to serve alcohol for the last 20 years.

 

(vii)              The applicant stated that staff at the premises were fully trained in the sale of alcohol and a refusals book was used and it was available for inspection upon request. CCTV was installed on the premises.

 

(viii)             It was the opinion of the objectors that the proposed hours were not socially responsible. Residents already experienced anti-social behaviour from people, believed to be alcoholics, including some knocking on their doors and asking for money, being aggressive and intimidating and that the extended hours would have an adverse impact on residents’ lives. The north end of Deal was a quiet residential area and whilst a convenience store was needed the extension in hours for the sale of alcohol was not.

 

(ix)                Residents stated that sales were being made before 8am, but that they were unaware that the current licensable start time was 8am Monday to Saturday.

 

(x)                 No complaints had been made to the licensing department concerning the premises. Objectors had made complaints to Environmental Health concerning food safety and hygiene although this was not relevant to the premises licence and did not breach any of the licensing objectives.

 

(xi)                If the variation were to be granted, Councillor B Gardner asked that consideration be given to a condition being added to the licence to restrict the sale of single cans of alcohol to a minimum pack of 4.

 

(xii)              The objectors raised the issue of an application to planning for change of use and concerns about that. They were  ...  view the full minutes text for item 9.

10.

LICENSING ACT 2003 - Application for the grant of a Premises Licence at Chicken King, South Street, Deal

The Sub-Committee is requested to determine the application.

 

Applicant:   Dilber Kyazim Tasim

 

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 – Representation.

 

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

 

Minutes:

The sub-committee considered an application from Dilber Tasim in respect of Chicken King, 2 South Street, Deal. The application was for the grant of a premises licence as followed:

 

Provision of late night refreshment

 

Friday and Saturday

23:00 to 02:00 hrs

Non standard timings

 

Bank holiday weekends

23:00 to 03:00 hrs

28, 29, 30, 31 December and 1 January each year

23:00 to 03:00 hrs

 

Deal Festival fireworks night and regatta weekend

23:00 to 03:00 hrs

 

On the basis of the representations of the applicant and her employee, 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)                 Between 25 May and 28 July 2018 the premises had been opening after 23:00 hrs under Temporary Event Notices (TENs).

 

(iii)                The premises had been open since 26 September 2017 and in that time no complaints had been made to the Licensing department regarding the premises, nor any breaches when the premises was operating under the TENs.

 

(iv)                The premise was there to provide a night time takeaway service for that area, due to her other premises being closed after a fire. The applicant was experienced in operating a late night refreshment premise in that area, without issues or complaints.

 

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)                Article 6 of the Human Rights Act (right to a fair trial).

 

 

 

 

 

 

 

 

 

RESOLVED:        (a)     That the application for a premises licence in respect of Chicken King, 2 South Street, Deal be GRANTED as followed:

 

                                      Provision of late night refreshment

 

                                     

Friday and Saturday

23:00 to 02:00 hrs

Non standard timings

 

Bank holiday weekends

23:00 to 03:00 hrs

28, 29, 30, 31 December and 1 January each year

23:00 to 03:00 hrs

Deal Festival fireworks and regatta weekend

23:00 to 03:00 hrs

 

 

(i)               No customer is to be admitted into the premises 10 minutes before the terminal hour.

11.

Exclusion of the Press and Public

The recommendation is attached.

 

MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

Minutes:

It was moved by Councillor D Hannent, duly seconded and

 

RESOLVED:     That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A of the Act.

12.

LICENSING ACT 2003 - Application for the grant of a Personal Licence

The Sub-Committee is requested to determine the application.

 

Applicant:   Chief Inspector Mark Weller.

 

The following papers are attached.

 

(i)         Licensing Team Leader’s report.

(ii)        Appendix A – Personal licence application

(iii)       Appendix B – Objection notice submitted by Kent Police.

 

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

 

Minutes:

The sub-committee considered an application for the grant of a personal licence under s117 of the Licensing Act 2003 for which an Objection Notice was submitted by Kent Police under Part 6 of the Act.

 

The sub-committee considered the representations of the applicant and the police and took into account the following:

 

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

 

(ii)                 Dover District Council’s Licensing Policy.

 

(iii)                Article 6 of the Human Rights Act (right to a fair trial).

 

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

 

RESOLVED:   The sub-committee decided to REFUSE the application for a personal licence.