Agenda and minutes

Licensing Sub-Committee - Monday, 27th June, 2022 3.00 pm

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Items
No. Item

1.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor C D Zosseder.

2.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillor N J Collor was appointed substitute member for Councillor C D Zosseder.

3.

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.

4.

LICENSING ACT 2003 - APPLICATION FOR THE GRANT OF A PREMISES LICENCE IN RESPECT OF WHITE MILLS WAKE AND AQUA PARK, ASH ROAD, SANDWICH

The Sub-Committee is requested to determine the application.

 

The following papers are attached.

 

(i)         Licensing Manager's report.

(ii)        Appendix A – Application and Plan

(iii)       Appendix B – Map of the area

(iv)       Appendix C – Copy of representation

 

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 premises licence in respect of White Mills Wake and Aqua Park, Ash Road, Sandwich. The application was for:

 

­Supply of Alcohol (for consumption ON and OFF the premises)

 

Every Day

11:00 – 23:00 hrs

 

The following documentary evidence and/or other information was taken into account by the Sub-Committee:

 

(i)           The Licensing Manager’s report including, the options available to the Sub-Committee

 

(ii)         Application and plan from White Mills Wake and Aqua Park Limited for the grant of a premises licence (Appendix A of the agenda)

 

(iii)        Map of the area (Appendix B of the agenda)

 

(iv)        Representation from Other Persons (Appendix C of the agenda)

 

On the basis of the representations of the applicant, their representative and Other Person, the Sub-Committee found the following facts to be established.

 

(i)           The application from White Mills Wake and Aqua Park Limited, represented at the hearing by James Bird (owner and Designated Premises Supervisor) and Wayne Cooper (owner), was for the grant of a premises licence at White Mills Wake and Aqua Park, Ash Road, Sandwich. The application sought on and off sales of alcohol for customers every day from 11:00 – 23:00 hrs.

 

(ii)         The premises was a purpose-built wake and aqua park resort with a single storey café/restaurant. The applicant wished to provide wines, beers and cider alongside their food offering.

 

(iii)        During the consultation process one representation objecting to the application was received from Other Persons citing the licensing objective of ‘Public Nuisance’ as being undermined. The Sub-Committee had regard to the written representation. Richard George’s written representation clarified he did not object to the licence application but the period of 11:00 – 23:00 hrs, he believed this should be 12 noon – 20:00 hrs.

 

(iv)        There were no representations made by any of the Responsible Authorities.

 

(v)         The applicant explained that proposals for the site had been through the planning regime and work had commenced on site in January this year. It was said the site was to be fun for all ages (6+) including opportunities for team building, parties, family and friends. On the lake there was a 5* state of the art cable system and the site would also offer wake boarding. Due to open on 9 July 2022.

 

(vi)        The business would be managed by James Bird (also the Designated Premises Supervisor) and Wayne Cooper. Their wives and families would also be part of the business, with James Bird’s wife being a personal licence holder. With regard to alcohol, staff would be fully trained (and record maintained, these would be available for inspection). It was stated the Challenge 25 was in place and no proof would mean no sale.

 

(vii)      The Sub-Committee heard that the aim was to be a popular venue for visitors to enjoy the park and restaurant and also for the business to contribute to the local economy. It was stated there was the potential for 40 covers in the restaurant and some  ...  view the full minutes text for item 4.

5.

LICENSING ACT 2003 - APPLICATION TO VARY A PREMISES LICENCE AT SARACEN'S HEAD, 1 ALFRED SQUARE, DEAL

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 premises licence

(iv)       Appendix C – Map of the area

(v)        Appendix D – Correspondence with Environmental Health

(vi)       Appendix E – Correspondence with Kent Police

(vii)      Appendix F – Representations

(viii)     Appendix G – Representation from the applicant

 

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 in respect of Saracen’s Head, 1 Alfred Square, Deal CT14 6LS. The application was for removal of the following conditions set out in Annex 3 of premises licence LN/000001147:

 

(i)               Regulated entertainment in the form of musical events, be limited to a terminal hour of 24:00 hrs.

 

(ii)             The number of regulated entertainment events, in the form of musical events, shall be limited to a maximum of 6 per year.

 

(iii)            The Designated Premises Supervisor shall control the breakout of music such that during musical events, noise shall be inaudible at the façade of the nearest residential property.

 

(iv)            NO PERFORMANCE OF DANCE SHALL BE PERMITTED AT THE PREMISES.

 

It was noted that the applicant was not seeking to amend any of the times for the licensable activities on the current licence.

 

The following documentary evidence and/or other information was taken into account by the Sub-Committee:

 

(i)           The Licensing Manager’s report including, the options available to the Sub-Committee

 

(ii)         The application to vary the premises licence (Appendix A of the agenda)

 

(iii)        The existing premises licence (Appendix B of the agenda)

 

(iv)        Map of the area (Appendix C of the agenda)

 

(v)         Correspondence between the applicant and Environmental Health (Appendix D of the agenda)

 

(vi)        Correspondence between the applicant and Kent Police (Appendix E of the agenda)

 

(vii)      Representations (Appendix F of the agenda)

 

(viii)     Representation from the applicant (Appendix G of the agenda)

 

On the basis of the representations of the applicant, their representative and other persons, the Sub-Committee found the following facts to be established.

 

(i)           The variation application was made by Shepherd Neame Limited, represented by Andrew Davidson at the hearing. The application sought to remove the conditions as set out in Annex 3 of the premises licence. It was stated that the applicant wished all other existing provisions and times to remain as they were currently, including, no amendment to the times for the licensable activities on the current licence. The conditions currently in Annex 3 of the licence were applied in 2005 before the deregulation measures of the Live Music Act 2012.

 

(ii)         During the consultation process Environmental Health objected to the variation application as had been submitted but stated their objection could be removed if the applicant accepted that “the DPS will ensure that during regulated entertainment events no nuisance will be caused to nearby residents” and further that “prominent, clear and legible notices are to be displayed on all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly”. The “no nuisance” wording was accepted by the applicant. With regard to signage, this was already provided for in Annex 2 of the premises licence. No representation was received from Environmental Health.

 

(iii)        During the consultation process Kent Police confirmed they had no objection to the variation for the Saracens Head subject to adding a condition around CCTV being installed at the  ...  view the full minutes text for item 5.