The Sub-Committee is requested to determine the application.
The following papers are attached:
(i) Licensing Manager's report
(ii) Appendix A – Application and plan
(iii) Appendix B – Map of the area
(iv) Appendix C – Copy of representations
(v) Appendix D – Copy of supporting email
The procedure to be followed by the Sub-Committee is attached to this agenda.
Minutes:
The Sub-Committee considered an application for the variation of a premises licence in respect of The Quayside Street Kitchen, Highway Marine, Pillory Gate Wharf, 38 Strand Street, Sandwich, Kent.
The application was for
Supply of Alcohol (for consumption ON the premises)
|
Every Day |
07:00 – 22:00 hrs |
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 Gavin St John Wilders for the grant of a premises licence and plan Appendix A
(iii) Map of the area (appendix B of the agenda)
(iv) Representation from Other Persons (appendix C of the agenda)
(v) Copy of supporting email (appendix D of the agenda)
On the basis of the representations of the applicant, their representative and the written representations from Other Persons, the Sub-Committee found the following facts to be established:
(i) The application from Gavin St John Wilders, represented at the hearing by Gavin St John Wilders (owner and designated premises supervisor) and Lisa Keates (co-owner), was for the grant of a premises licence at The Quayside Street Kitchen, Highway Marine, Pillory Gate Wharf, 38 Strand Street, Sandwich. The application sought the supply of alcohol for consumption on the premises every day from 07:00 – 22:00 hrs.
(ii) The Sub-Committee was informed that one of the hearing packs had been returned as ‘unknown at address’. Notwithstanding, the Sub-Committee noted and took into account all of the written representations including, the letter of support.
(iii) The Sub-Committee heard from the applicant that he is the co-founder of the bar/grill and his business partner was Lisa Keates. Between them they had over 40 years’ relevant experience. The applicant had been a designated premises supervisor since 2016 at a local licensed premises and Lisa Keates had been a designated premises supervisor and premises licence holder since 2019.
(iv) Regarding the “Public Safety” objection from a resident in Deal and their concern about the location, Lisa Keates was a local coastguard and the applicant was an Environmental Health Officer for over 20 years. The property now had a fully enclosed boundary with three layers of rope which was inaccessible without deliberate access.
(v) The applicant understood there had been an agreement with the previous owners for customers to use the bridge to carry their drinks over from another licensed premises and use the area. By applying for their own premises licence, the applicant would have control under the licence.
(vi) The business was responsible – it was food registered, had a waste contract and flushing water toilets would be hired to be available on site.
(vii) The second representation citing “Public Nuisance”, this business was on the opposite side of the river to the objector. There was also a licensed premises next to the objector.
(viii) The applicant’s intention was “food first” with a target audience of 40+. The objector raised concern that the previous owner played loud music however the applicant could not comment. They wanted to creat6e a relaxed vibe. The business did not use or have access to the same area the objector had concerns about.
(ix) Regarding the concern about extra refuse collection disturbance, the applicant confirmed it would be the same collection as the current waste collection so there would be no new disruption.
(x) The Sub-Committee clarified whether the applicant had CCTV; they did.
(xi) The applicant was also asked to clarify the no under 16s after 20:00 hrs policy; it was confirmed the business would not be serving under 16s after 20:00 hrs. It was further explained by the applicant that most premises had a 21:00 hrs cut off time. However, because it was the applicant’s intention to close at 22:00 hrs (at the height of Summer) and normally 21:00 hrs they felt it would be more prudent for families to have left by 20:00 hrs.
(xii) The Sub-Committee questioned why the applicant had applied for 07:00 hrs start time. The applicant confirmed that the site opened at 07:00 hrs and as it was only a small site alcohol would be visible as soon as they opened. They did not have storage elsewhere or the ability to shutter the alcohol out of sight. However, they anticipated they would probably start serving alcohol around 11:00 hrs. The applicant expressed that they were flexible to change. In this regard, the Licensing Manager confirmed the licensing policy said alcohol must be shuttered off or removed if alcohol licensable hours and opening times were different.
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 in particular 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: That the application in respect of The Quayside Street Kitchen, Highway Marine, Pillory Gate Wharf, 38 Strand Street, Sandwich be GRANTED as applied for.