Agenda item

The Sub-Committee is requested to determine the application.

Applicant:   Admiral Harvey Limited

The following papers are attached.

(i)       Licensing Team Leader’s report

(ii)      Appendix A – Application and plan

(iii)     Appendix B – Map of area

(iv)    Appendix C – Copy of representation

(v)     Appendix D – Amendments to application

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

The sub-committee considered an application from Gary Elston and Karen Ethrington in respect of The Admiral Harvey Public House, 13 Bridge Street, Dover CT16 2LB for a premises licence as follows:

Supply of Alcohol (for consumption on and off the premises)

Late Night Refreshment

On the basis of the representations of the applicant 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)        Ms Seiler’s concerns related to the late night refreshment provision from 23:00 to 01:30 hrs on Fridays and Saturdays. Although the sale of alcohol was precluded beyond 23:00 hrs Ms Seiler had concerns as to how this would be adhered to and monitored. Members also echoed this concern.

(iii)      The applicants explained that they had made an error when applying for the licence. They had intended to apply for an alcohol licence until 01:30 hrs in addition to the late night refreshment licence on Fridays and Saturdays. They would submit a variation application for the sale of alcohol from 23:00 to 01:30 hrs. If the late night refreshment element of the licence were granted they would not make use of the late night opening hours until the alcohol licence had been granted.

(iv)      Ms Seiler was also concerned about the noise created by smokers outside the premises in a residential area and that smokers would be on the pavement creating noise until 01:30 hrs. Ms Seiler stated in her representation that 23:00 hrs would be more acceptable.

(v)       The applicants addressed the concerns of the objector. In their statement read out at the hearing by the Licensing Team Leader, they stated that:

a.         All windows and external doors would be kept closed between 22:00 and 08:00 hrs and during any regulated entertainment, except for ingress and egress to the premises, to prevent a noise disturbance to the neighbouring properties.

b.         A direct telephone number for the manager of the premises would be made publicly available at all times the premises are open and made available to residents in the vicinity of the premises.

c.         There will be a documented dispersal policy implemented.

d.         Notices will be displayed in any areas used for smoking and at all exits, requesting customers and/or staff to respect the local residents and to use the area quietly.

e.         At the end of each trading day the pavement from the building line to the kerb edge immediately outside the premises shall be swept and/or washed if necessary, with litter collected and disposed of accordingly.

f.          No rubbish, including bottles, shall be moved, removed or placed in outside areas between 22:00 and 07:00 hrs.

g.         No deliveries and/or collections (including private waste collections) shall take place on Sundays or bank holidays or between 20:00 and 07:30 hrs Monday to Saturday.

h.         A designated gated smoking area, which can only be accessed from the main bar areas, will be created. This will have CCTV and the DPS will have a clear view of the area from the bar servery.

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

(i)         Dover District Council 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)      Article 6 of the Human Rights Act.

RESOLVED:  (a)     GRANT, in part, the application for a premises licence in respect of The Admiral Harvey Public House, 13 Bridge Street, Dover CT16 2LB as follows:

(i)             GRANT the Supply of Alcohol (on and off the premises)

(b)      That the Late Night Refreshment activity be refused.