The Sub-Committee is requested to determine the application.
The following papers are attached:
(i) Licensing Manager's report
(ii) Appendix A – Application to vary the premises licence
(iii) Appendix B – Existing premises licence
(iv) Appendix C – Map of the area
(v) Appendix D – Email from Mr Richardson confirming amendments to Operating Schedule
(vi) Representations
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 at Elephant and Hind, 18-19 Market Square, Dover, to: increase the licensable hours for alcohol sales; increase the licensable hours for live and recorded music and increase the licensable hours for late night refreshments.
Supply of Alcohol (for consumption ON and OFF the premises)
|
Sunday – Thursday |
10:00 – 00:00 hrs |
|
Friday – Saturday |
10:00 – 02:00 hrs |
Live and Recorded Music (Indoors)
|
Sunday – Thursday |
23:00 – 00:00 hrs |
|
Friday – Saturday |
23:00 – 02:00 hrs |
Late Night Refreshment
|
Sunday – Thursday |
23:00 – 00:00 hrs |
|
Friday – Saturday |
23:00 – 02:00 hrs |
Non Standard Timings
Christmas Day, Boxing Day until 02:00 hrs
New Years Eve until start of business the next day
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 Elephant and Hind Ltd to vary the premises licence (appendix A of the agenda)
(iii) Existing premises licence (appendix B of the agenda)
(iv) Map of the area (appendix C of the agenda)
(v) Email from Mr Richardson confirming amendments to the Operating Schedule (appendix D of the agenda)
(vi) Representations from Other Persons (appendix E of the agenda)
On the basis of the representations of the applicant, their representatives and the written representations from Other Persons, the Sub-Committee found the following facts to be established:
(i) The variation application was made by Elephant and Hind Ltd represented by Henry Richardson, Sofia Richardson and Sam White at the hearing and sought to increase the licensable hours for alcohol sales, increase the licensable hours for live and recorded music and to increase the licensable hours for late night refreshment.
(ii) During the consultation process six representations objecting to the application were received from Other Persons however one was withdrawn before the report was published. The Sub-Committee had regard to the written representations.
(iii) The applicant stated the reason for extending the licence was to offer a sage place to come out to in Dover. The premises was not a nightclub but had a DJ in the back of the building. It was proposed for two security staff – one to start work at 20:00 hrs and he second at 23:00 hrs. Both to be on duty until 30 minutes after closing. From 23:00 the doors and windows would be closed to reduce the sound levels.
(iv) The applicant and management had over 25 years relevant experience between them and the manager lived on site. There was CCTV on the premises and the door staff would be getting wearing body cameras.
(v) Concerns relating to anti-social behaviour, shouting and fighting, the premises was taking precautions to prevent by the steps as outlined. Also, the applicant explained that the outdoor bistro tables were to be taken away except for two benches for customers closest to the premises. There would also be signage regarding keeping noise down.
(vi) The venue was also a member of DPAC (Dover Partnership Against Crime) and both security staff would have a handheld radio connected to CCTV and access to the Police.
(vii) Furter, the venue would operate a 21+ only entry on Fridays and Saturdays and there would also be a dress code. The security staff would conduct checks for patrons from 20:00 hrs.
(viii) The venue also had side panels for the exterior awning to decrease noise.
(ix) The applicant addressed other objections including, urinating in doorways. The applicant stated there were three bars in the areas, all open later than this premises, so there were other patrons in the vicinity.
(x) This premises received the Best Bar None award and recently recognising its achievement. All management members had personal licences.
(xi) The applicant stated the premises was trying to work with the locals, trying to keep any anti-social behaviour down – this was for the venue’s benefit too and they wanted to be welcomed in the area.
(xii) Regarding the dress code, the Sub-Committee asked what this meant. The applicant explained this included no tracksuits, no sports shorts, no hi-vis clothing and no work clothes.
(xiii) The Sub-Committee queried, regarding the performance of live music, the application said, “only intend to have one night a week 02:00 to begin with”. The applicant explained they had applied for both Friday and Saturday but it was likely to be Saturday night. The Licensing Manager confirmed that no non-standard timings had been applied for so the applicant would need to apply for a Temporary Event Notice.
(xiv) Regarding the removing of outdoor tables and chairs the Sub-Committee queried how they were to be removed. The applicant explained that the bistro tables were removed around the side and every night the benches were padlocked. The outdoor table, chairs and benches were either removed or secured except for the two benches. It was questioned whether the barrier was left out. The applicant confirmed the three barriers (which ran to the flower planted) remained outside, defining the area to assist the security in controlling the area.
(xv) The applicant was asked by the Sub-Committee what the process was for entry being refused. It was explained that DPAC had a list of people barred which the security staff were aware of and the venue also operated a personal list of barred people. Staff met on a Thursday regarding the barred list.
(xvi) It was queried by the Sub-Committee why the applicant was seeking to remove DPAC from any licence conditions. The Licensing Manager explained that it was unnecessary to be a condition of the licence.
(xvii) The Sub-Committee clarified with the applicant that the venue had a capacity of 300.
(xviii) The Sub-Committee explored last drinks, turning off of music and closing times with the applicant. It was confirmed that on Fridays and Saturdays the venue would close at 02:00 hrs. It was agreed that last drinks were to be 30 minutes before closing and that music would cease 15 minutes before closing. Regarding noise, the applicant explained that from 23:00 hrs music entertainment was moved to the back of the venue and that management had been taking noise readings to confirm that the noise level was acceptable.
(xix) In final clarification, the non-standard timings for late night refreshment on New Year’s Eve “until the start of business the next day” was questioned by the Sub-Committee. The Licensing Manager explained this was typical wording. The venue clarified last New Year’s Eve they were open until 01:00 hrs. Finally, regarding the outdoor tables and chairs it was clarified that they cleared away at 23:00 hrs, these were subject to a separate licence.
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 for the variation of the premises licence in respect of Elephant and Hind, 18-19 Market Square, Dover be modified and GRANTED as follows:
Supply of Alcohol (for consumption ON and OFF the premises)
|
Sunday – Thursday |
10:00 – 00:00 hrs |
|
Friday – Saturday |
10:00 – 01:30 hrs |
Live and Recorded Music (Indoors)
|
Sunday – Thursday |
23:00 – 00:00 hrs |
|
Friday – Saturday |
23:00 – 01:45 hrs |
Late Night Refreshment
|
Sunday – Thursday |
23:00 – 00:00 hrs |
|
Friday – Saturday |
23:00 – 02:00 hrs |
Non Standard Timings
Christmas Day, Boxing Day until 02:00 hrs
New Years Eve until start of business the next day
Additionally, on Fridays and Saturdays no alcohol is to be consumed in the outdoor areas of the premises from 00:00 hrs.
The Sub-Committee accepts the operating schedule as set out as pages 113 and 126 of the agenda pack including, the removal of ASK Angela and DPAC.
Anything not applied for or not determined in the Sub-Committee’s decision remains as is.