Agenda and draft minutes

Licensing Sub-Committee - Monday, 16th October, 2023 2.00 pm

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Items
No. Item

13.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor J S Back.

14.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillor M F Hibbert be appointed as substitute for Councillor J S Back.

15.

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.

16.

LICENSING ACT 2003 - APPLICATION FOR THE GRANT OF A PREMISES LICENCE IN RESPECT OF MCDONALD'S RESTAURANTS, DISCOVERY PARK, MONTAGU ROAD, SANDWICH

The Sub-Committee is requested to determine the application.

 

The procedures for meetings (hearings) of the Licensing Sub-Committee are as set out in the Licensing Act 2003 (Hearings) Regulations 2005 and these regulations do not require the full agenda papers to be published and made available on the website or copies provided at the meetings outside of the parties to the meeting itself. The Licensing Sub-Committee meetings are open to the public, unless in exceptional circumstances the Authority considers it in the public interest to exclude the press and public for all or part of a hearing.

Minutes:

The Sub-Committee considered an application for the grant of a premises licence in respect of McDonald’s Restaurant, Discovery Park, Montagu Road, Sandwich CT13 9FA. The application was for:

 

Late Night Refreshment

 

Every day

23:00 – 05:00 hrs

 

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

 

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

 

(ii)              Application from McDonald’s Restaurants Limited for the grant of a premises licence and place (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 representatives and Other Persons, the Sub-Committee found the following facts to be established.

 

(i)               The application from McDonald’s Restaurants Limited, represented at the hearing by Leo Charalambides (Barrister) and Mark Gallant (Licensing Officer for McDonald’s), was for the grant of a premises licence at Discovery Park, Montagu Road, Sandwich, CT13 9FA.

 

(ii)              The application sought late night refreshment every day from 23:00 – 05:00 hrs.

 

(iii)            During the licensing consultation process there were no representations made by any of the Responsible Authorities.

 

(iv)            During the licensing consultation process there was one representation received from Other Persons objecting to the application. The representation cited the application as undermining the licensing objective of ‘prevention of public nuisance’.

 

(v)             With regard to the ‘prevention of public nuisance’ representation, the concerns included: noise disturbance to residents in Sandwich, the area being used by motorists and motorcycles as a meeting place and for activities such as speeding, racing and drifting, people being motivated to gather in the area, increasing anti-social/illegal behaviour, there would be complaints that would take time and resources from the council and the Police and four existing McDonald’s within 10 miles with a 24hrs licence therefore there was no need for another one. The Sub-Committee had regard to the written representation.

 

(vi)            In considering relevant representations the Sub-Committee took into account Dover District Council’s licensing policy, the Licensing Act 2003 and the guidance issued under s.182 of the Licensing Act 2003. In regard to the prevention of public nuisance, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premise on persons living and working in the area around the premises and that beyond the immediate area surrounding the premises, these were matters for the personal responsibility of individuals under the law. An individual who engaged in antisocial behaviour was accountable in their own right. Regarding the need of another McDonald’s in the area, the “Need” concerned the commercial demand for another pub or restaurant or hotel and was a matter for the planning authority and for the market. This was not a matter for a licensing authority in discharging its licensing functions.

 

(vii)          The Sub-Committee also took into about that there was no cumulative impact policy applicable in the district, and that the concerns raised were speculative therefore under case law should  ...  view the full minutes text for item 16.