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Licensing Act 2003 - Application to vary a premises licence at Walmer Castle Public House, South Street, Deal
The Sub-Committee is requested to determine the application.
Applicant: Admiral Taverns Limited
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.
(vi) Appendix E - Email from Environmental Health to applicant.
The procedure to be followed by the Sub-Committee is attached to this agenda.
The sub-committee considered an application from Admiral Taverns in respect of Walmer Castle Public House, South Street, Deal. The application was for the variation of the premises licence as follows:
To amend the existing conditions to read as follows:
· No re-entry into the premises after 02:00 hrs
· Extend the terminal hour for the use of the garden until 23:00 hrs Sunday – Thursday and 01:00 hrs Friday – Saturday.
· From 22:00 hrs until close of trade on Friday and Saturday evenings there shall be at least one door supervisor on duty at the premises to control access/egress of patrons.
To support the removal of the requirement for door staff on a Thursday, the applicant proposed the following condition:
‘When there is entertainment held at the premises on a Thursday a minimum of 1 door supervisor must be on duty at the front of the premises to control access/egress of patrons.’
And to remove the following conditions:
· The use of the garden area beyond 22:00 hrs shall be on a trial basis for a period of 6 months from the date of the minor variation. Should complaints be received regarding the extra period of garden use, that are substantiated, or if there is a witnessing of noise nuisance by authorised officers of the Local Authority, then upon notification from the relevant authority the condition (i) above will revert back to the previous state on the 1st day after a period of 6 months from the date of change. No Minor Variation shall be required to the licence by the licence holder for this change to have effect and the licence shall be re-issues forthwith and without charge.
· From 22:00 hrs until the close of trading on Thursday, Friday and Saturday or any other days when live entertainment is present all drinks including drinks from bottles will be served in polycarbonate or similar ‘glassware’.
On the basis of the representations of the applicant and his representatives, and other persons, the sub-committee found the following facts to be established:
(i) The Licensing Team Leader at the start of the Hearing advised of an error in the report at paragraph 2.2. The third bullet point should read ‘From 22:00 hrs’ and not ‘From 20:00 hrs.’
(ii) The Legal Advisor clarified with the applicant’s representatives that the first bullet point at paragraph 2.2 should read ‘No entry or re-entry into the premises after 02:00 hrs’.
(iii) Mr Thomas challenged the submission of further evidence from Mr McGlashan. He stated it was more prejudicial rather than probative and did not give consent to accept it. The Legal Advisor (DDC) advised that the evidence was submitted prior to the Hearing and was permissible under Regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005.
(iv) The Licensing Team Leader read out a statement from Mr McGlashan which had been emailed to the DDC’s Licensing team on 31 May 2019 at 08:23 hrs.
(v) Members were shown video clips which were taken from a camera ... view the full minutes text for item 8.