order of business

Item seven on the Agenda (Provisional Statement for a Betting Shop Premises Licence at 11 Broadway, Sheerness under the Gambling Act 2005) was withdrawn and the Chairman altered the order of business as minuted.

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 four applications and outlined the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

application for a temporary events notice at the prince of wales public house, canterbury road, sittingbourne

The Chairman advised that the Temporary Events Notices (TEN) for 14th December 2007 and 24th December 2007 would be considered together. Mrs Kennett, the Applicant, explained that the TEN for 14th December 2007 was for a function for a local business and would allow later opening for guests. The TEN for 24th December 2007 was to allow later opening and a disco on Christmas Eve for her regular customers. She advised that she closed the doors to new entrants at 11 pm and they had not felt it necessary to use door staff previously as the Public House was not very busy.

Mr Spreadbury (Licensing Officer, Mid Kent Police) advised that the Police raised objections to both TENs as it was considered the applications would undermine the crime prevention objective contained in Swale Borough Council's Licensing Policy. There had been two previous disturbances at the premises when TENs had been granted. He raised concern regarding the control of persons attending the functions; the potentially significant drain on Police resources should an incident occur and the potential for gatecrashers. He requested that, should the Sub-Committee be minded to accept the application, a condition be added requiring a minimum of two SIA registered door staff to be employed on these evenings.

Mrs Kennett referred to an incident at the Public House which Police had been called to attend, which the Sub-Committee discussed with Mr Speadbury.

A Member asked for a clearer indication of the number of people expected at the events. Mrs Kennet advised that she did not expect more than 15 on 14th December 2007 and she considered that the Public House would not get particularly busy on Christmas Eve as customers went into town.

In response to a question, Mrs Kennett advised that door staff were expensive to employ and she considered that the Public House would not take enough money to cover the cost of door staff. She advised that she had made the amendments to the premises suggested by the Environmental Health Officer.

Mr Spreadbury considered that with regard to the comments raised he would suggest an amendment to the hours to midnight with one SIA registered door-staff.

The Licensing Sub-Committee adjourned to make their decision at 10:26 am. Members of the Sub-Committee, the Senior Solicitor and the Senior Democratic Services Officer left the meeting and returned at 10:48 am, when the Sub-Committee reconvened.

In response to a question, the applicant confirmed that she did not require Late Night Refreshments on the Temporary Event Notice.

application to consider a temporary events notice at the prince of wales public house, canterbury road, sittingbourne

This item was considered in conjunction with Minute No. 705 above.

application for a new premises licence at the piranha club, warden bay road, leysdown

Mr Thistle, (Jarmans Solicitors) representing the applicant, outlined the background to the application. He explained that since the incidents at the Piranha Club the applicant had employed a new Manager who had many years of experience in the industry. He advised that the applicant had not been made aware of the breaches in the law by the previous Manager. He considered that the Club would provide employment opportunities and promoted the aims identified in SBC's Licensing Policy. He suggested that the licence be granted for six months and then reviewed.

Police Constable Barbara Murray (Licensing Officer) referred to the objectives contained in SBC's Licensing Policy regarding the prevention of crime and disorder and explained that the Police raised objection to the application and the Manager of the Club on these grounds. She reported that following a visit to the premises in October it was apparent that the Club had made significant internal alterations which invalidated their existing premises licence. The Manager was advised of the need to apply for a new licence and it was explained that no more licensable activities could take place at the Club, unless covered by a Temporary Events Notice. Police Officers had subsequently attended the Piranha Club on several occasions to ensure no licensable activities were taking place.

PC Murray called upon Inspector Wyatt, PC M Wills, PC Featherstone and Sergeant Epps to relate their findings from their visits to the Piranha Club. They each provided a detailed explanation of their visits to the premises. They advised that from their visits it was clear that licensable activities, such as the sale of alcohol and the use of live and recorded music, were being conducted at the premises without a licence. These events led to a Closure Notice being issued under Section 19 of the Criminal Justice and Police Act 2001. PC Murray also reported that they had seized the CCTV system at the Club but it had not been operational so no recordings were available.

PC Murray considered that due to the consistent disregard for the law shown by the Manager and staff at the premises the application should not be granted. She advised that she had not been made aware of the appointment of a new Manager for the Club and had not had the opportunity to look into this.

Councillor Kenneth Pugh provided a character reference for the applicant.

A Member raised concern that the applicant was not aware of the incidents at the Club, as the owner of the premises.

Mr Thistle explained that the incidents had occurred under the management of the previous Manager, who had now been replaced. He advised that the Police had initially raised no objection to the application and that it would be a loss to the community if the application was refused.

PC Murray questioned whether the Sub-Committee could trust the applicant to run the premises in accordance with the Licensing Act. She requested that the Sub-Committee refuse the application on the basis of the evidence submitted.

The Licensing Sub-Committee adjourned to make their decision at 11:50 am. Members of the Sub-Committee, the Senior Solicitor and the Senior Democratic Services Officer left the meeting and returned at 11:58 am, when the Sub-Committee reconvened.

application for a new premises licence at the new road diner, grace road, sheerness

In the absence of any objections the Sub-Committee granted the application as requested.