The Sub-Committee is requested to determine the application.
The following papers are attached.
(i) Licensing Manager's report.
(ii) Appendix A – Current premises licence for The Attic Bar
(iii) Appendix B – Map of the area
(iv) Appendix C – Review application submitted by Kent Police
(v) Appendix D – Further submissions made by Kent Police
(vi) Appendix E - Representations made by Other Parties
(vii) Appendix F – Previous premises licence prior to variation approved by Licensing Sub-Committee at the hearing on 29 November 2022
The procedure to be followed by the Sub-Committee is attached to this agenda.
Minutes:
The Sub-Committee considered an application for the review of a premises licence in respect of The Attic Bar, First and Second Floor, 8-9 Church Street, Dover CT16 1LY. The review was made under section 51 of the Licensing Act 2003 as requested by PC D Rolfe – Police Licensing Enforcement Officer, on behalf of Kent Police, on the grounds that the licensing objectives of the Prevention of Crime and Disorder and Public Safety were not being promoted. During the consultation period two further representations were received in respect of public nuisance.
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) Current premises licence for The Attic Bar (Appendix A)
(iii) Map of the area (Appendix B)
(iv) Review application submitted by Kent Police (Appendix C)
(v) Further submissions made by Kent Police (Appendix D)
(vi) Representations made by Other Parties (Appendix E)
(vii) Previous premises licence prior to variation approved by Licensing Sub-Committee at the hearing on 29 November 2022 (Appendix F)
(viii) First supplementary paper
(ix) Second supplementary paper
On the basis of the representations of the Responsible Authority – Kent Police (the applicant), representatives of The Attic Bar and Other Persons, the Sub-Committee found the following facts the be established:
(i) The premises was first licensed on 30 July 2021 with Mr Dok named as the Premises Licence Holder (PLH) and the Designated Premises Supervisor (DPS).
(ii) On 1 November 2021, the DPS was changed to Mr Hammond. However, Mr Pilott has been managing the premises.
(iii) The Premises Licence (PL) was varied on 29 November 2022 extending the licensable hours.
(iv) Under section 51 of the Licensing Act 2003, PC Rolfe, on behalf of Kent Police as the Responsible Authority, submitted a review application for The Attic Bar, First and Second Floor, 8-9 Church Street, Dover CT16 1LY and sought revocation of the premises licence.
(v) The application cited two incidents of concern at the premises. The first in the early hours of Saturday 10 December 2022 and the second in the early hours of Sunday 1 January 2023.
(vi) During the consultation period a representation was received from Environmental Health regarding public nuisance.
(vii) During the consultation period a representation was received from Theresa Hardy regarding public nuisance.
(viii) The Sub-Committee heard representations and from witnesses on behalf of the premises.
In reaching its findings the Sub-Committee had taken 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) Article 6 of the Human Rights Act (Right to a fair trial)
(iv) Section 17 of the Crime and Disorder Act 1998 (Duty to consider crime and disorder implications)
RESOLVED: The Sub-Committee has decided
(i) That there was a failing in the promotion of 3 of the 4 licensing objectives.
(ii) The incidents are serious but having regard to the explanations and the proposals offered, the Sub-Committee is of the opinion that revocation would not be a reasonable and proportionate response to this (first) review.
(iii) The Sub-Committee has decided to modify the conditions on the licence.
(iv) The Sub-Committee decide as follows
The times for licensable activity is to revert to pre variation (November 2022) timings save for
- The premises will remain operational on floors 1 and 2 (so there is no reversion to specific hours for the pool room and the nightclub)
Various additional conditions have been placed on the licence.