Agenda and draft minutes

Licensing Sub-Committee - Tuesday, 20th July, 2021 2.30 pm

Venue: Council Chamber. View directions

Contact: Jemma Duffield, Democratic Services Officer 

Items
No. Item

19.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence from Members.

20.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

There were no substitute members appointed.

21.

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.

22.

Licensing Act 2003 - Application to vary a Premises Licence at Biggin Off Licence, 52 Biggin Street, Dover

The Sub-Committee is requested to determine the application.

 

The following papers are attached.

 

(i)         Licensing Manager'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 – Representation from Other Party.

 

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

Minutes:

The Sub-Committee considered an application for the variation of a Premises Licence for Biggin Off Licence, 52 Biggin Street, Dover. The variation sought to increase the hours for alcohol sales and the hours requested were

 

Supply of Alcohol (for consumption OFF the premises)

 

Sunday – Thursday

06.00 – 23.00 hrs

Friday – Saturday

06.00 – 02.00 hrs

 

 

On the basis of the representations of the applicant, their representatives and Other Persons, the Sub-Committee found the following facts to be established:

 

(i)               The variation application for Biggin Off Licence was for the supply of alcohol, off the premises, from 06.00 to 23.00 hrs on Sunday to Thursday and 06.00 to 02.00 hrs on Friday and Saturday. The existing licence, which was granted permission on 27 April 2021, permitted the supply of alcohol for consumption off the premises every day from 09.00 to 23.00 hrs.

 

(ii)             One representation objecting to the application was received from Dover Town Council (DTC). It objected to the sale of alcohol before 09.00 hrs every day and made its representation under the Licensing Objective, Prevention of Crime and Disorder.

 

(iii)            On 13 July 2021, having considered the comments made by DTC the applicant Mr Jutyar Kafroshi (representing Biggin Off Licence Ltd) amended the application to request the supply of alcohol (off the premises) from 09.00 to 23.00 hrs on Sunday to Thursday and 09.00 to 02.00 hrs on Friday and Saturday.

 

(iv)            On 14 July 2021, following the amendment to the application DTC contacted the Licensing Authority to withdraw their representation.

 

(v)             Mr Kafroshi was given the opportunity to give reasons for the variation request and to clarify the hours requested given that the original application for the sale of alcohol was from 06.00 hrs. 

 

(vi)            Their customers tended to be shift workers, especially those who worked on the ferries and were walking through the town, and customers vacating local pubs and clubs at closing times and wanting to purchase snacks.

 

(vii)          Customers wanting to purchase alcohol were travelling to the George Hammond garage, located further out of town, as they were licensed 24 hrs. Other premises were open and so if they did not go to his premises they would still go elsewhere and buy goods. Mr Kafroshi said they closed before the nightclubs closed so not to have any issues with late night drinkers.

 

(viii)         The shop was currently trading from 08.00 hrs to beyond 23.00 hrs but before 09.00 hrs and after 23.00 hrs signage was displayed advising that no alcohol sales were permitted. Signs were on the spirits and red wine cabinet which was behind the cash till and on the blinds that covered the remaining alcohol in the shop to prevent sales when not licensed. It was noted that the shop did not in fact currently trade from 6am.

 

(ix)            Mr Kafroshi stated that they would ideally like the licence from 08.00 hrs  when the premises started trading but had agreed to 09.00 hrs following DTC’s objections.

 

(x)             Following discussions with the  ...  view the full minutes text for item 22.

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