Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 26th April, 2023 10.00 am

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Items
No. Item

16.

Apologies for Absence

To receive any apologies for absence.

Minutes:

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

17.

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 substitute for Councillor D G Cronk.

18.

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.

19.

Licensing Act 2003 - Application for the Grant of a Premises Licence in respect of the Quayside Street Kitchen, Highway Marine, Pillory Gate Wharf, 38 Strand Street, 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 representations

(v)        Appendix D – Copy of supporting email

 

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 The Quayside Street Kitchen, Highway Marine, Pillory Gate Wharf, 38 Strand Street, Sandwich, Kent.

 

The application was for

 

Supply of Alcohol (for consumption ON the premises)

 

Every Day

07:00 – 22:00 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 from Gavin St John Wilders for the grant of a premises licence and plan Appendix A

 

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

 

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

 

(v)        Copy of supporting email (appendix D of the agenda)

 

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

 

(i)               The application from Gavin St John Wilders, represented at the hearing by Gavin St John Wilders (owner and designated premises supervisor) and Lisa Keates (co-owner), was for the grant of a premises licence at The Quayside Street Kitchen, Highway Marine, Pillory Gate Wharf, 38 Strand Street, Sandwich. The application sought the supply of alcohol for consumption on the premises every day from 07:00 – 22:00 hrs.

 

(ii)              The Sub-Committee was informed that one of the hearing packs had been returned as ‘unknown at address’. Notwithstanding, the Sub-Committee noted and took into account all of the written representations including, the letter of support.

 

(iii)            The Sub-Committee heard from the applicant that he is the co-founder of the bar/grill and his business partner was Lisa Keates. Between them they had over 40 years’ relevant experience. The applicant had been a designated premises supervisor since 2016 at a local licensed premises and Lisa Keates had been a designated premises supervisor and premises licence holder since 2019.

 

(iv)            Regarding the “Public Safety” objection from a resident in Deal and their concern about the location, Lisa Keates was a local coastguard and the applicant was an Environmental Health Officer for over 20 years. The property now had a fully enclosed boundary with three layers of rope which was inaccessible without deliberate access.

 

(v)             The applicant understood there had been an agreement with the previous owners for customers to use the bridge to carry their drinks over from another licensed premises and use the area. By applying for their own premises licence, the applicant would have control under the licence.

 

(vi)            The business was responsible – it was food registered, had a waste contract and flushing water toilets would be hired to be available on site.

 

(vii)          The second representation citing “Public Nuisance”, this business was on the opposite side of the river to the objector. There was also a licensed premises next to the objector.

 

(viii)         The applicant’s intention was “food first” with a target audience of 40+. The objector raised concern that the previous owner played loud music however the applicant could not comment. They  ...  view the full minutes text for item 19.

20.

Licensing Act 2003 - Application for the Grant of a Premises Licence in respect of Clifftop Cafe, 111A Old Dover Road, Capel-le-Ferne, Folkestone

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 representations

(v)        Appendix D – Copy of supporting emails

 

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 Clifftop Café, 111A Old Dover Road, Capel-le-Ferne, Folkestone. The application was for:

 

Supply of Alcohol (for consumption ON the premises)

 

Every Day

12:00 – 20:00 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 from Jacob Hackett for the grant of a premises licence and plan (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)

 

(v)        Copy of supporting email (appendix D of the agenda)

 

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

 

(i)          The application from Jacob Hackett (owner and designated premises supervisor), supported at the hearing by Timothy Hackett, his father and co-owner, was for the grant of a premises licence at Clifftop Café, 111A Old Dover Road, Capel-le-Ferne, Folkestone. The application sought the supply of alcohol for consumption on the premises every day from 12:00 to 20:00 hrs. The opening hours of the premises every day being from 09:00 to 20:00 hrs.

 

(ii)         During the consultation process three representations objecting to the application were received from Other Persons and one representation supporting the applicant however stating the sale of alcohol should end at 18:00 hrs. One of the objectors requested an additional statement to be read. This was presented by the Licensing Manager.

 

(iii)       The Sub-Committee noted and took into account all of the written representations including, four representations in support.

 

(iv)       The Sub-Committee heard from Timothy Hackett that he and Jacob Hackett had recently bought the business and locals and dog walkers would like a drink in the evening. Mr Timothy Hackett stated that the venue was likely to close at 19:30 hrs, serving drinks from 16:00 hrs however, they had requested a premises licence from 12:00 to 20:00 hrs and there was no issue of anti-social behaviour from the local pubs so he did not believe there would be any as a result of selling alcohol from this premises.

 

(v)        It was explained to the Sub-Committee by the applicant that they needed to move the business along for it to succeed so it was proposed to sell pizza, ice cream and drinks including, craft beers in the evening at tables outside. In essence doing what the venue had done previously but with alcohol and extended hours.

 

(vi)       The Sub-Committee heard that the premises had been open since Timothy Hackett and Jacob Hackett purchased the venue. It was currently open 10:00 to 16:00 hrs and had been for about 3 ½ weeks. The plan was to be seasonal, finishing in October and reopening in February.

 

(vii)     The Sub-Committee questioned whether there was CCTV. The applicant confirmed there was, and it was connected to his mobile phone.  ...  view the full minutes text for item 20.

21.

Licensing Act 2003 - Application to vary a Premises Licence at The Elephant and Hind, 18-19 Market Square, 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 premises licence

(iv)       Appendix C – Map of the area

(v)        Appendix D – Email from Mr Richardson confirming amendments to Operating Schedule

(vi)       Representations

 

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 at Elephant and Hind, 18-19 Market Square, Dover, to: increase the licensable hours for alcohol sales; increase the licensable hours for live and recorded music and increase the licensable hours for late night refreshments.

 

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

 

Sunday – Thursday

10:00 – 00:00 hrs

Friday – Saturday

10:00 – 02:00 hrs

 

Live and Recorded Music (Indoors)

 

Sunday – Thursday

23:00 – 00:00 hrs

Friday – Saturday

23:00 – 02:00 hrs

 

Late Night Refreshment

 

Sunday – Thursday

23:00 – 00:00 hrs

Friday – Saturday

23:00 – 02:00 hrs

 

Non Standard Timings

Christmas Day, Boxing Day until 02:00 hrs

New Years Eve until start of business the next day

 

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 from Elephant and Hind Ltd to vary the premises licence (appendix A of the agenda)

 

(iii)            Existing premises licence (appendix B of the agenda)

 

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

 

(v)             Email from Mr Richardson confirming amendments to the Operating Schedule (appendix D of the agenda)

 

(vi)            Representations from Other Persons (appendix E of the agenda)

 

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

 

(i)               The variation application was made by Elephant and Hind Ltd represented by Henry Richardson, Sofia Richardson and Sam White at the hearing and sought to increase the licensable hours for alcohol sales, increase the licensable hours for live and recorded music and to increase the licensable hours for late night refreshment.

 

(ii)              During the consultation process six representations objecting to the application were received from Other Persons however one was withdrawn before the report was published. The Sub-Committee had regard to the written representations.

 

(iii)            The applicant stated the reason for extending the licence was to offer a sage place to come out to in Dover. The premises was not a nightclub but had a DJ in the back of the building. It was proposed for two security staff – one to start work at 20:00 hrs and he second at 23:00 hrs. Both to be on duty until 30 minutes after closing. From 23:00 the doors and windows would be closed to reduce the sound levels.

 

(iv)            The applicant and management had over 25 years relevant experience between them and the manager lived on site. There was CCTV on the premises and the door staff would be getting wearing body cameras.

 

(v)             Concerns relating to anti-social behaviour, shouting and fighting, the premises was taking precautions to prevent by the steps as outlined. Also, the applicant explained that the outdoor bistro tables were to be taken away except for two benches for customers closest to the premises. There would also be signage regarding keeping noise down.

 

(vi)  ...  view the full minutes text for item 21.