Agenda item

Licensing Act 2003 - Application for the Grant of a Premises Licence

The Sub-Committee is requested to determine the application.

 

Applicant:   Head of Assets and Building Control, Dover District Council

 

The following papers are attached.

 

(i)         Licensing Team Leader’s report.

(ii)        Appendix A – Application

(iii)       Appendix B – Maps of the area.

(iv)       Appendix C – Copies of representations.

 

The procedure to be followed by the Sub-Committee is attached to this agenda.

 

Minutes:

The sub-committee considered an application from the Head of Assets and Building Control, Dover District Council, in respect of Kearsney Abbey and Russell Gardens, including Kearsney Abbey Tea Rooms, Kearsney Abbey, Alkham Road, Temple Ewell, Kent CT16 3DZ. The application was for the grant of a premises licence for Kearsney Abbey and Russell Gardens. The parks were open to the public 24 hours a day, 365 days a year.

 

The application was for:

 

Plays

Films

Live Music

Recorded Music

Performance of Dance

 

Every Day

08:00 to 23:00 hrs

 

On the basis of the representations of the applicant, applicant’s representative and other persons, the sub-committee found the following facts to be established:

 

(i)                   There had been no representations made by any of the Responsible Authorities, including the Police.

 

(ii)                 That having attended a Kearsney Parks Forum meeting, Mr Brady and Mrs Girgin-Brady withdrew their representation.

 

(iii)                The parks were open to the public 24 hours a day, 365 days a year.

 

(iv)                At the Hearing, Mrs S Nicholas stated that if the sub-committee was minded to grant the licence, that she would request the sub-committee to consider limiting the events to six per year.

 

(v)                 The applicant’s representative stated that if the sub-committee were minded to grant the application twelve events per year would be suitable.

 

(vi)                No events would take place between the hours 23:00 and 08:00 on any day.

 

(vii)              Organisers would be expected to monitor noise levels along the appropriate park boundaries to ensure that amplified sound was not transmitted outside the park area.

 

(viii)             Signage would be placed at the appropriate park boundaries asking audience members to respect neighbours and to leave the park quietly.

 

(ix)                All large-scale events would go through the Events team at Dover District Council and circulated to the Events Safety Advisory Group (ESAG) for comments and amendment as necessary.

 

(x)                 Organisers of large-scale events would be expected to produce a Traffic Management Plan as part of the application process and if necessary, will be expected to organise Park and Ride to minimise impact on the surrounding area.

 

(xi)                All events would be published via social media and signage placed at the park boundaries to help notify local residents of upcoming events. Notification would also be given to the parish council.

 

In reaching its findings the sub-committee took into account the following:

 

(i)                   Dover District Council’s Licensing Policy.

 

(ii)                 The Licensing Act 2003 and the guidance given under Section 182 of the Act.

 

(iii)                Section 17 of the Crime and Disorder Act 1998.

 

(iv)                The judgment in the case of Daniel Thwaites PLC V Wirral Borough Magistrates Court [2008] EWHC 38 (Admin).

 

RESOLVED:     (a)       That the application for a premises licence in respect of Kearsney Abbey and Russell Gardens, including Kearsney Abbey Tea Rooms, Kearsney Abbey, Alkham Road, Temple Ewell, Kent CT16 3DZ be GRANTED as follows:

 

                                      Plays

                                      Films

                                      Live Music

                                      Recorded Music

                                      Performance of Dance

 

Every Day

08:00 to 23:00 hrs

                                     

(i)           There will be a maximum of twelve events in any one calendar year starting on the date of the first event.