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Apologies for Absence
To receive any apologies for absence.
An apology for absence was received from Councillor D G Cronk.
Appointment of Substitute Members
To note appointment of Substitute Members.
It was noted that, in accordance with Council Procedure Rule 4, Councillor D P Murphy was in attendance as substitute for Councillor D G Cronk.
Declarations of Interest
To receive any declarations of interest from Members in respect of business to be transacted on the agenda.
Councillor D P Murphy declared a Voluntary Announcement of Other Interests in Agenda Item 4 by reason that as a Cabinet member of Kent County Council (KCC), one of the objectors to the application, Erin Bell, was known to him as a KCC employee although he did not know her personally.
Licensing Act 2003 - Application for the review of a Premises Licence - Lava Lounge Bar, 31 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 – Map of the area
(iii) Appendix B – Review application submitted by Kent Police
(iv) Appendix C – Representations from Other Parties
(v) Appendix D – Email from Mr Dowle
(vi) Appendix E – Current Premises Licence
The procedure to be followed by the Sub-Committee is attached to this agenda.
The Sub-Committee considered an application for the review of a Premise Licence in respect of Lava Lounge Bar, made under Section 51 of the Licensing Act 2003 and requested by PC D Rolfe (Police Licensing Enforcement Officer), on behalf of Kent Police, on the grounds that the licensing objectives of the Prevention of Crime and Disorder and Public Safety were not being promoted.
Under regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005, the hearing was to be held in public. However, the licensing authority may exclude the public from all or part of a hearing where it considered that the public interest in so doing outweighed the public interest in the hearing, or that part of the hearing, taking place in public.Part of the hearing would consist of viewing body worn camera and CCTV footage that would contain personal data of individuals. Due to the rights and freedoms of those data subjects, and the Council’s obligations under data protection legislation, such footage was necessary for the Sub-Committee’s determinations and therefore during the playing of those footages the hearing was not in public.
On the basis of the representations of the Responsible Authority – Kent Police (the applicants), representatives of Lava Lounge Bar and other persons, the Sub-Committee found the following facts to be established:
(i) That under Section 52 of the Licensing Act 2003, PC Rolfe, on behalf of Kent Police as the Responsible Authority, submitted a review application for Lava Lounge Bar, Dover and sought the revocation of the premises licence.
(ii) It was stated by Kent Police that the venue was a generator of a high level of crime and disorder, and it was the belief of Kent Police that the premises’ management had failed to promote the licensing objectives of the Prevention of Crime and Disorder and Public Safety despite on-going partnership working between Kent Police Licensing, Dover District Council and the premises.
(iii) The application cited an incident at the premises on 21 November 2021 which resulted in a large disturbance.
(iv) During the consultation period one representation was received from Erin Bell of Dover Youth Hub. Ms Bell had been made aware that young women, as young as 14, had been served alcohol at the Lava Lounge Bar and made her representation under the licensing objective Protection of Children from Harm.
(v) CCTV footage from the premises, body worn cameras and DDC CCTV of the incident on 21 November 2021 was shown at the meeting.
(vi) At 02:23 hrs CCTV footage from outside the premises showed a female patron carried out from the premises and placed on the pavement outside the premises but away from the barriered area at the front of the premises. The footage showed both door supervisors present.
(vii) Members were advised by Ms Tupper-Price that the female had consumed two drinks in the premises and that she had been told by the female’s boyfriend, who had carried her out of the premises, that the alleged fit was ... view the full minutes text for item 39.