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.

change of membership

Following the apologies from Councillor John Morris the membership of this Sub-Committee was as follows: Councillors Barnicott, Derek Conway and Lesley Ingham.

declarations of interest

No interests were declared.

part b minutes for information

application for a review of the premises licence for the swan & harlequin, conduit street, faversham under the licensing act 2003

Mr Rowley (Police Licensing Officer) stated that Kent Police had requested a review of the Licence as Mr Cowans the Premises Licence Holder had allowed the premises to be used for the misuse of drugs. Mr Rowley stated that Mr Cowans was no longer in control of the premises and that an application had been received to transfer the Licence to Mr Robinson who had previously operated the premises.

Mr Rowley considered that, in view of this development Kent Police felt it would be unfair to request a revocation of the Licence. Mr Rowley drew attention to the four conditions requested relating to CCTV and asked that they be imposed.

In response to a query from a Member, Mr Rowley advised that to his knowledge there had been no problems when Mr Robinson had operated The Swan & Harlequin some ten to twelve years ago.

application for a review of the premsies licence for the crown hotel, high street, sheerness under the licensing act 2003

PC Barnes (Kent Police) presented the case on behalf of Kent Police. He drew attention to "Operation Invoice" launched in May 2010 and referred to several incidents where stolen goods were taken to the premises and purchased by Janet Norton, sister of Mr Norton, the Premises Licence Holder.

PC Barnes reported that Janet Norton was interviewed by Police Officers on the 8th October 2010 and admitted to buying the stolen items. PC Barnes explained that at the time of the incidents Christina Barnes was nominated as the DPS at the premises. However Ms Barnes had since advised that she was merely the name given on the DPS application form and her only role at the premises was to clean it occasionally.

PC Barnes explained that during a Police visit on 1st October a quantity of clip bags had been found in the wall cavity. He explained that this type of bag was often used in drugs supply.

PC Barnes accepted that Mr Steven Norton was not involved in the purchasing of stolen goods, as he had been in Russia at the time. However, the Police considered that, as the Premises Licence Holder, Mr Norton should have been aware of the activities taking place at the premises and therefore Kent Police did not consider him to be a suitable person to run the premises.

PC Barnes requested that the licence be revoked as "Operation Invoice" had established the premises was being used for the sale of stolen goods and was linked to the supply of drugs.

Mr Warden (Solicitor), presented the case on behalf of Mr Norton. He stated that his client welcomed the conditions suggested by the Police and also an increased Police presence outside the premises. He would also work closely with the Police to ensure all licensing policies were adhered to.

Mr Warden advised that his client was totally anti-drugs and had undertaken measures to ensure drugs did not enter the premises. He stated that Mr Norton was alarmed at accusations he was himself using drugs and would be prepared to undertake a drugs test to clear his name.

Mr Warden explained that Mr Norton would ensure all staff received relevant training and that there was a Personal Licence Holder at the premises at all times.

The Licensing Sub-Committee adjourned to make their decision at 10:40 am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer returned at 11:01 am.

The Chairman advised that they would not revoke the Licence but requested that a DPS/Personal Licence Holder be present at the premises at all times. The Chairman advised that in coming to their decision they had taken into account the personal circumstances of Mr Norton and noted that the person responsible for breaching the licensing objectives had been removed.

application for a review of the premises licence for the old house at home, high street, sheerness under the licensing act 2003

PC Barnes advised that the Police had requested a review of the Premises Licence for The Old House at Home, High Street, Sheerness following "Operation Invoice"; when the premises had been identified as somewhere for persons involved with drugs to sell stolen goods. They asked that Lisa Johnson the current DPS be removed from the premises and the licence be suspended for three months.

Mr Bancroft, presented the case on behalf of Miss Johnson. He stated that Miss Johnson took offence to claims she was involved in drugs. Mr Bancroft advised that Miss Johnson was very sorry and embarrassed by her error of judgement in purchasing the stolen perfume. Mr Bancroft advised that CCTV had now been installed at the premises and did not consider suspension of Miss Johnson was necessary.

Various questions were asked by Members relating to Police evidence of drug use at the premises and details of the stolen items bought to which Miss Johnson and PC Barnes responded.

The Licensing Sub-Committee adjourned to make their decision at 11:50am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer returned at 12:05 pm.

The Chairman advised that their decision was that Miss Johnson be removed as DPS as she was in breach of licensing objective one, Crime and Disorder, and was not a fit and proper person to be a DPS. The Chairman advised that it was not within their remit to decide whether Miss Johnson was guilty of any crime.

Mr Dillon (Solicitor for Shepherd Neame), stated that the premises would remain closed after the 6th January 2011 if a replacement DPS had not been found.

application for a review of the premises licence for the amusement arcade, bridge street, sheerness under the gambling act 2005

The Chairman advised that the item would not now be considered.