Agenda and minutes

Licensing Sub-Committee - Friday, 3rd March, 2023 10.00 am

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Items
No. Item

11.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor D G Cronk.

12.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillor K Mills was appointed as substitute for Councillor D G Cronk.

13.

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.

14.

EXCLUSION OF THE PRESS AND PUBLIC

It is recommended that, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the remainder of the meeting.

 

The licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

 

Minutes:

It was moved by Councillor T A Bond, duly seconded and

 

RESOLVED:   That, having applied the public interest test in accordance with Regulation 14 of The Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the remainder of the meeting and that a decision will be published on the basis that it does not place sensitive data and/or information in the public domain.

15.

Licensing Act 2003 - Application for the Review of a Premises Licence for The Attic Bar, First and Second Floors, 8-9 Church Street, Dover

The Sub-Committee is requested to determine the application.

 

The following papers are attached.

 

(i)         Licensing Manager's report.

(ii)        Appendix A – Current premises licence for The Attic Bar

(iii)       Appendix B – Map of the area

(iv)       Appendix C – Review application submitted by Kent Police

(v)        Appendix D – Further submissions made by Kent Police

(vi)       Appendix E - Representations made by Other Parties

(vii)      Appendix F – Previous premises licence prior to variation approved by Licensing Sub-Committee at the hearing on 29 November 2022

 

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

Minutes:

The Sub-Committee considered an application for the review of a premises licence in respect of The Attic Bar, First and Second Floor, 8-9 Church Street, Dover CT16 1LY. The review was made under section 51 of the Licensing Act 2003 as 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. During the consultation period two further representations were received in respect of public nuisance.

 

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)           Current premises licence for The Attic Bar (Appendix A)

 

(iii)          Map of the area (Appendix B)

 

(iv)          Review application submitted by Kent Police (Appendix C)

 

(v)           Further submissions made by Kent Police (Appendix D)

 

(vi)          Representations made by Other Parties (Appendix E)

 

(vii)        Previous premises licence prior to variation approved by Licensing Sub-Committee at the hearing on 29 November 2022 (Appendix F)

 

(viii)       First supplementary paper

 

(ix)          Second supplementary paper

 

On the basis of the representations of the Responsible Authority – Kent Police (the applicant), representatives of The Attic Bar and Other Persons, the Sub-Committee found the following facts the be established:

 

(i)            The premises was first licensed on 30 July 2021 with Mr Dok named as the Premises Licence Holder (PLH) and the Designated Premises Supervisor (DPS).

 

(ii)           On 1 November 2021, the DPS was changed to Mr Hammond. However, Mr Pilott has been managing the premises.

 

(iii)          The Premises Licence (PL) was varied on 29 November 2022 extending the licensable hours.

 

(iv)          Under section 51 of the Licensing Act 2003, PC Rolfe, on behalf of Kent Police as the Responsible Authority, submitted a review application for The Attic Bar, First and Second Floor, 8-9 Church Street, Dover CT16 1LY and sought revocation of the premises licence.

 

(v)           The application cited two incidents of concern at the premises. The first in the early hours of Saturday 10 December 2022 and the second in the early hours of Sunday 1 January 2023.

 

(vi)          During the consultation period a representation was received from Environmental Health regarding public nuisance.

 

(vii)        During the consultation period a representation was received from Theresa Hardy regarding public nuisance.

 

(viii)       The Sub-Committee heard representations and from witnesses on behalf of the premises.

 

In reaching its findings the Sub-Committee had taken into account the following:

 

(i)            Dover District Council’s Licensing Policy

 

(ii)           The Licensing Act 2003 and the guidance given under Section 182 of the Act

 

(iii)          Article 6 of the Human Rights Act (Right to a fair trial)

 

(iv)          Section 17 of the Crime and Disorder Act 1998 (Duty to consider crime and disorder implications)

 

RESOLVED:   The Sub-Committee has decided

 

(i)            That there was a failing in the promotion of 3 of the 4 licensing objectives.

 

(ii)           The incidents are serious but having regard to the explanations and the  ...  view the full minutes text for item 15.