notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. She then outlined the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

application by masoj leisure limited for a new premises licence under the licensing act 2003 - the old cinema, high street, sittingbourne

Mr Rankin, the client's representative, presented the case on behalf of the applicant, which sought a new premise's licence for licensable activities ranging from the provision of regulated entertainment, late night refreshments and supply of alcohol, seven nights a week from 10am to 5am and close at 6am.

Mr Rankin drew attention to the tabled letter from LT Law Solicitors which provided details of staffing for the premises and a final version of the proposed conditions to incorporate all the comments made by the Environmental Protection Team. He confirmed that the list had already been circulated to the Police and Mr Ledger of the Environmental Protection Mr Rankin explained that the application would transform the building, which was currently in a very poor state of repair, into a first class nightclub. Mr Rankin advised that an application for planning permission had been refused by the Planning Committee at their meeting on 8th October 2009, despite the application being supported by planning officers and they intended to appeal.

Mr Rankin noted the concerns of SBC's Environmental Protection Team Manager and drew attention to Appendix 9 of their application which outlined details of their Dispersal Policy, which he considered would reduce disturbance from behavioural noise. He considered that if they were granted flexible hours then dispersal should not be an issue.

Mr Rankin advised that with regard to taxi services and local pick-up points, they intended to provide a direct line to two dedicated taxi firms for customers leaving the premises late in the evening. Mr Rankin noted the problems experienced in Bell Road when JJ's night club was open in the Bell Centre, but stated geographically the cinema was away from residential areas. Mr Rankin circulated plans of the proposal and outlined the internal layout of the proposed nightclub.

Mr Rankin reported that the Police had no objections to the proposals. He provided the Committee with a schedule of 53 agreed conditions (with a reservation concerning condition 35). He further reported that drinks would be sensibly priced and the General Manager would play an active part in the local Pubwatch Scheme and the Swale Safe Scheme. They also intended to operate the 'Club Scan' scheme after 11pm.

In response to questions, Alison Anderson the applicant's Licensing Consultant outlined the disabled access for the proposal and advised that disabled toilets would be provided. She confirmed that the 'Club Scan' photo scheme proposed was recognised by the Police and Home Office approved.

The Chairman then invited Mr Cross, to speak for the applicant. Mr Cross stated that Sittingbourne desperately needed a leisure facility and that the nightclub would be a London style club and unlike anything currently on offer in Kent. He hoped to attract customers from out of the area.

In response to a query from a Member, Lana Tricker, the applicant's Solicitor stated that Mr Cross had entered into a conditional contract to acquire the existing leasehold interest which allowed occupancy until 31st July 2023, and was seeking a Reversionary Lease to confirm occupancy after that date.

The Chairman then invited Mr Ledger, the Council's Environmental Protection Team to speak. Mr Ledger drew attention to his tabled memorandum and outlined his main reasons for objecting to the application: potential disturbance to properties in East Street and Bell Road; customers would drop-off in East Street and Bell Road and this could not be regulated; security staff to police the open area (between the Funeral directors and Riverbourne Court) had not been considered. Mr Ledger concluded that he was unhappy with the proposed hours which would give no respite to nearby residents for seven days a week all through the year.

The Chairman then invited Inspector Swinney (Kent Police), to speak. Inspector Swinney stated that with regards to the Club itself, they had no concerns. However they did have some concern in relation to potential disturbance and traffic issues when the premises closed.

The Chairman then invited Ian Mackenzie (Hackney Carriage Inspector) to speak. Mr Mackenzie stated that there were 100 taxis currently operating in Swale and only allowing two companies to operate from the site may cause problems. He suggested that to help take noise further away from residential areas, the applicants may wish to consider approaching Swale Borough Council to enquire whether they would allow their staff car park at the junction of St Michael’s Road and Crown Quay Lane to be used for taxis serving the licensed premises. He stated however, that such a scheme would need to be marshalled.

Mr Rankin welcomed the suggestion of using the staff car park. With regard to securing staff policing the open area (between the Funeral directors and Riverbourne Court) advised that the Police had stated that the door staff should be retained within the Club.

In response to a question from a Member, Mr Ledger was unaware of any complaints received from residents relating to the ''Life'' Night Club opening hours.

The Sub-Committee adjourned to make their decision at 11:40 am. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 11:58 am, when the meeting re-convened.