Agenda and minutes

Licensing Sub-Committee
Tuesday, 30th October, 2018 3.00 pm

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    Contact: Jemma Duffield  Democratic Services Officer

    Items
    No. Item

    23.

    Apologies for Absence

    To receive any apologies for absence.

    Minutes:

    An apology for absence was received from Councillor P Walker.

    24.

    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 P Walker.

    25.

    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.

    26.

    Licensing Act 2003 - Review of a Premises Licence in respect of Deal Grill, 144 High Street, Deal

    The Sub-Committee is requested to determine the application.

     

    Applicant:   Mr Bryan Henderson

     

    The following papers are attached.

     

    (i)         Licensing Team Leader’s report.

    (ii)        Appendix A - Review application and diary sheets provided by Mr Henderson.

    (iii)       Appendix B – Map of the area.

    (iv)       Appendix C – Email complaints received from Mr Henderson (with photos).

    (v)        Appendix D – Statement of Paul James, Licensing Enforcement Officer.

    (vi)       Appendix E – Premises Licence for Deal Grill.

     

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

    Minutes:

    The Sub-Committee considered an application from Mr B Henderson who had requested the review of a premises licence under Section 51 of the Licensing Act 2003 in respect of Deal Grill, 144 High Street, Deal. Mr Henderson called for the review on the grounds that the licensing objectives of Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and Protection of Children from Harm were not being promoted.

     

    On the basis of the representations of the applicant and his representative, and the Licence Holder and his representatives, the Sub-Committee found the following facts to be established:

     

    (i)         Deal Grill was a venue that had a premises licence for the sale of alcohol and late night refreshment. The premises licence holder and Designated Premises Supervisor was Mehmet Gurbuz.

     

    (ii)        The hours on the premises licence for licensable activities were:

     

    Alcohol Sales

     

    Sunday – Thursday

    10:00 – 00:01 hrs

    Friday – Saturday

    10:00 – 01:00 hrs

     

    Late Night Refreshment

     

    Sunday – Wednesday

    23:00 – 01:00 hrs

    Thursday – Saturday

    23:00 – 02:00 hrs

     

    The opening hours for the premises were as follows:

     

    Sunday – Wednesday

    14:00 – 01:00 hrs

    Thursday

    14:00 – 02:30 hrs

    Friday – Saturday

    14:00 – 03:00 hrs

     

    (iii)       The premises remained open as per the opening hours in order to sell cold wraps and salad, and cold drinks. The last order for hot food was taken at 01:45 hrs.

     

    (iv)      Following a licence review hearing on 21 July 2006 conditions were applied to the premises licence as follows:

     

    (a)      The licence holder must ensure that the areas indicated by hatching on the attached plan shall be clear of litter, which is attributable to the licence holder’s premises, after close of business every day.

     

    (b)      Music played inside the premises shall have a terminal hour of 23:00 hrs.

     

    (c)      A sign, A3 in size, shall be clearly displayed at all the public entrances/exits to the premises requesting that customers leave the premises quietly and respect the needs of the local community.

     

    (d)      Notices stating the last ordering times for individual food items to be placed in the premises and in the window so that staff and customers understand that the premises will close at the terminal hour. (To prevent public nuisance.)

     

    (e)      An operating policy to be drawn up in consultation with the Licensing Manager and Environmental Health Officers, written in Turkish and English and attached to the Premises Licence. All staff must be aware of the existence and content of this document. This is to ensure that staff are aware of closing times and procedures. (To prevent public nuisance.)

     

    (f)       All outside lighting, including the illuminated name sign, be switched off at the terminal hour. (To prevent public nuisance.)

     

    (g)      Blinds to be provided for the windows, excluding the door, within six weeks of this hearing and drawn at the terminal hour in order to make it clear to customers that the premises is closed for business and to permit cleaning to be undertaken  ...  view the full minutes text for item 26.

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