Agenda and draft minutes

Licensing Sub-Committee - Tuesday, 7th May, 2024 2.00 pm

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Items
No. Item

47.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors J S Back and O C de R Richardson.

48.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillors M Porter and S Hill were appointed as substitute members for Councillors J S Back and O C de R Richardson respectively.

 

49.

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.

50.

Licensing Act 2003 - Application for the Grant of a Premises Licence in respect of Walmer Adventure Golf, Marine Road, Walmer, Deal

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 Committee considered an application for the grant of a premises licence in respect of Walmer Adventure Golf, Marine Road, Walmer, Deal CT14 7DN. The application was for:

 

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

 

Every day

10:00 – 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 Walmer Adventure Golf Ltd for the grant of a premises licence and plan (appendix A of the agenda)

 

(iii)            A plan showing the licensable area (appendix B of the agenda)

 

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

 

(v)             A copy of the current premises licence that covers the putting green and paddling pool together (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 Other Persons, the Sub-Committee found the following facts to be established.

 

(i)               The application from Walmer Adventure Golf Ltd, represented at the hearing by M Humphries (owner) and J Dillon (Solicitor), was for the grant of a premises licence at Walmer Adventure Golf, Marine Road, Walmer, Deal CT14 7DN. The application sought the supply of alcohol for consumption on and off the premises every day from 10:00 – 22:00 hrs.

 

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

 

(iii)          During the consultation process 14 representations objecting to the application were received from Other Persons. Two were withdrawn before the publication of the agenda. Across the 12 remaining objections all four of the licensing objectives were cited as being undermined. The Sub-Committee had regard to and gave weight to those written representations and those who presented their objections at the hearing.

 

(iv)         There was a current ‘on’ premises licence (LN/000007069) in place which covered the paddling pool and putting green as one licensable area, and this licence had been in place since July 2021. Parties were informed that the off-sale rules were currently extended until 2025.

 

(v)           The times the existing licence authorised the carrying out of licensable activity (alcohol sales) was Monday – Sunday 10:00 – 22:00 hrs only when the paddling pool was not open to the public. The Applicant stated this was commercially unviable and when applying for a new licence had considered the previous concerns, and now the current concerns too.

 

(vi)         The business would now run separately, and the application was for the adventure golf area only which was to run as an entirely separate business from the paddling pool.

 

(vii)        If the new licence was to be granted, the current premises licence would be surrendered. This would mean that the paddling pool area would no longer be licensed.

 

(viii)      In the adventure golf area sales were from a kiosk and consumption limited to a seating area, with alcohol not to be taken on to the adventure golf course or into the paddling pool  ...  view the full minutes text for item 50.