notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. He explained that the Sub-Committee would consider one application and outlined the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

review of premises licence under the licensing act 2003

Mr Ledger, Swale Borough Council’s (SBC) Environmental Protection Manager, explained that the review had been requested as they considered Ms Kim Sharrock, the Designated Premises Supervisor (DPS) for The Red Lion, Badlesmere had failed to prevent public nuisance from the playing of loud amplified music. He drew attention to appendix DL1 of the report which showed a copy of the Statutory Abatement Notice served on Ms Sharrock on 10th August 2007, to which no appeal had been made. There had been subsequent alleged breaches witnessed from the adjacent property by Out of Hours (OOH) Duty Officers and were to be heard by Magistrates in April 2008, but the Council’s Legal Department concluded at the time that it was not in the public interest to continue with the case.

The Environmental Protection Manager explained that he and a legal representative had visited Ms Sharrock requesting that further conditions as outlined in appendix DL3 of the report be considered. He acknowledged that conditions one, two and three had been carried out during 2008, but he was keen for all the conditions to be included and placed on the licence to avoid any ambiguity.

In concluding, the Environmental Protection Manager advised that SBC must be seen to be responding to complaints and had a statutory obligation to do so. He hoped the introduction of the proposed conditions would help to seek a workable situation for both sides.

In response to a query from Ms Sharrock, the Environmental Protection Manager confirmed that Mr Parkes of Leesway Cottage had been the only complainant.

Ms Sharrock presented her case. She explained that she became the DPS at The Red Lion public house on 15th March 2004. She explained that The Red Lion which sat on the A251 was a destination pub and live bands helped to draw people in. She explained that live bands had played at the pub every Friday for the last fifteen years.

Ms Sharrock raised objection to condition three as financially it would not be worthwhile employing bands to play for only a couple of hours. There was a real risk that she would lose customers to other local pubs who, under the terms of their licence, were allowed to play live amplified music until midnight.

Ms Sharrock also considered that her business had also been affected since the introduction of the smoking ban which had forced people outside the premises where no sound proofing could be provided.

Ms Sharrock circulated photographs to Members which showed the noise prevention measures she had taken.

With regard to the Abatement Notice, Ms Sharrock explained that she had had no knowledge of the complaints SBC had received before being interviewed under caution. She considered that if she had been made aware of the complaints perhaps a meeting with local people with concerns could have been arranged. Ms Sharrock also considered the Abatement Notice was no longer relevant as Mr Parkes, the only complainant, no longer resided at Leesway Cottage. Ms Sharrock drew attention to the petition she had sent in objection to any further restrictions on live music to her licence, and highlighted the numerous local residents that had signed it.

The Senior Solicitor advised Ms Sharrock that unfortunately the Licensing Sub-Committee had no authority in relation to the Abatement Notice.

With regard to the complaints received, Ms Sharrock advised that it had been a learning experience for both her and her customers. She considered that with the sound proofing measures implemented the situation had greatly improved.

Members asked various questions and consulted a plan of the premises.

The Licensing Committee adjourned to make their decision at 11:34 am. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 12:00 pm, when the Sub-Committee re-convened.