Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 29th November, 2023 3.00 pm

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Items
No. Item

17.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

18.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

There were no substitute members appointed.

19.

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.

20.

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 D G Cronk, 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.

21.

Licensing Act 2003 - Regarding Magistrates' Court appeal following the 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 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 Licensing Sub-Committee was asked to review the number permitted in the outside smoking area as per the decision made by the Licensing Sub-Committee on 3 March 2023 in respect of the review of the premises licence for The Attic Bar, First and Second Floors, 8-9 Church Street, Dover.

 

The Sub-Committee had regard to and took into account the Licensing Manager’s report, oral submissions and the options available to the Sub-Committee.

 

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

 

(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:   Taking into consideration various factors, the Licensing Sub-Committee is agreeable to the amendment as sought and this should be actioned accordingly.