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On the basis
of the representations of the applicants, their
representatives and other persons, the Sub-Committee found the
following facts to be established.
(i)
The premises was currently licensed
under a Premises Licence and a Club Premises Certificate. The
variation application sought to incorporate the whole premises
under the one premises licence.
(ii)
In addition, the application sought to include: a new outdoor bar,
including the garden; add licensable activities; alcohol sales both
on and off the premises; and to change the times of the existing
licensable activities, including entertainment.
(iii)
One representation from Dover Town Council (DTC) was received
objecting to the application. DTC cited the Licensing Objective
– Prevention of Public Nuisance and stated that the club was
in an area already blighted by noise from the nearby train line and
the long hours and private events may cause considerable
disturbance to nearby residents. There were no representations made
by any of the Responsible Authorities, including the police.
(iv)
The applicant’s described the club as a family run
members’ club. Committee members and officers were always
present during all events in the garden and described the club as a
family focussed premises. Covid had impacted on the hiring of the
inside space of the hall and so alternative uses of the outside
space were being sought. Temporary Event Notices (TENs) had been
utilised during the past year.
(v)
It was noted that there had been five complaints regarding an event
on 8-9 August 2020. The applicant advised the event was a small
festival, from 1200 hrs – 2000 hrs Friday and Saturday and
was not organised by the club and they had learnt from that
experience.
(vi)
Many of the residents in the neighbouring properties were members
of the club and were encouraged to approach the club staff if they
had any issues with events. If the variation were to be granted the
club would distribute leaflets to the neighbouring properties
notifying them of the event, including contact details for the club
should they encounter any problems with the event.
(vii)
The Sub-Committee considered the representation from Dover Town
Council and noted there were no representations from local
residents nor the Responsible Authorities, The representation from DTC was speculative and
there was no reason to believe the variation would undermine the
licensing objectives.
In reaching its
findings the Sub-Committee considered 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)
Article 6 of the Human Rights Act
(iv)
Section 17 of the Crime and Disorder Act 1998.
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