Agenda and draft minutes

There were no apologies for absence.

There were no substitute members appointed.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

There were no declarations of interest made by Members.

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.

The Committee considered an application for the grant of a premises licence in respect of Deal Deli, 168 High Street, Deal CT14 6BQ. The application was for:

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

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 Craig Selby 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)            Representations from Other Persons (appendix C of the agenda)

(v)             Supplementary papers published on 22 May 2024, 23 May 2024, 24 May 2024 and 28 May 2024

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 application from Craig Selby was for the grant of a premises licence at Deal Deli, 168 High Street, Deal CT14 6BQ. The application sought the supply of alcohol for consumption on and off the premises every day from 10:00 – 19:00 hrs.

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

(iii)            During the consultation process six representations objecting to the application were received from Other Persons. They cited the licensing objectives – prevention of public nuisance. In summary, the Other Persons raised concerns about the noise impact on the nearby properties, smoke and vape fumes, the use of the pavement by patrons and the need of the venue in the area.

(iv)            There were nineteen representations in support of the application and two further objections however these were received outside the consultation time limit imposed by the Licensing Act therefore they were not considered.

(v)             In considering the relevant representations, the Sub-Committee took into consideration that there was no cumulative impact policy in the area, no representations were received from the Responsible Authorities, the concerns raised were speculative therefore under the case law they should be disregarded unless supported by previous facts as evidence. The Sub-Committee also took into consideration that they could not determine any regulatory matters (i.e. street furniture) or planning matters (i.e. change of use or “need” for a business), that the A-board was not a matter for this Council and that the other neighbours who were mentioned during the hearing did not make representations and therefore not relevant.

(vi)            The Sub-Committee heard from Mr Barkas who also spoke on behalf of Ms Rebecca Bain Smith, Ms Hilary Clare and Mr and Mrs Kyle. He raised concerns regarding the enforcement of non-smoking and drinking outside his front windows. He also explained that he suffered with a serious health condition and in order to prevent noise and smoke and fumes entering his property, he would have to keep his windows shut in the summer which was unreasonable. He also raised concerns about the boundary of  ...  view the full minutes text for item 4.