Agenda and draft minutes

An apology for absence was received from Councillor G Cowan.

It was noted that, in accordance with Council Procedure Rule 4, Councillor M F Hibbert was appointed substitute for Councillor G Cowan.

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 Sub-Committee considered an application for the grant of premises licence in respect of Jenkins & Son Fishmongers Ltd, 77–81 High Street, Deal, Kent CT14 6EH. The application was for:

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

Live and Recorded Music (Indoor)

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 Darren Keith Jenkins 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)

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

(i)               The application from Darren Jenkins was for the grant of a premises licence at Jenkins & Son Fishmongers Ltd, 77–81 High Street, Deal, Kent CT14 6EH. The application sought the supply of alcohol for consumption on and off the premises Tuesday to Saturday from 12:00 – 00:00 hrs, Sunday from 10:00 – 16:00 hrs, New Year’s Eve, normal licensable starting time until 02:00 hrs and live and recorded music (indoors) New Year’s Eve 23:00 – 02:00 hrs.

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

(iii)            During the consultation process two representations objecting to the application were received from Other Persons. They cited the licensing objective – prevention of public nuisance. In summary, the Other Persons were concerned about noise levels if patrons were congregating outside the premises, smokers outside the premises and associated littering and also serving alcohol until midnight being too late with all the residential properties nearby.

(iv)            There was one representation in support of the application.

(v)             In considering the relevant representations, the Sub-Committee took into consideration that:

·        There was no cumulative impact policy in the district

·        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

·        Matters relating to the enforcement of private law such as a covenant on private land were not within the purview of the Sub-Committee under the Licensing Act

·        Under the Statutory Guidance, 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. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, that required the licence holder to place signs at the exits from the building encouraging patrons to be quiet until they leave the area, and to respect the rights of people living nearby to a  ...  view the full minutes text for item 8.