Meeting documents

Licensing Sub-Committee
Tuesday, 18 September 2007

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Tuesday 18th September 2007 from 10:02 am to 11:50 am.

Present: Councillor Mick Constable (Chairman), Councillors Simon Clark and Prescott.

Officers Present: Michael Hawkins, Kellie Mackenzie and Michael Moss.

Also In Attendance: Mr Jonathan Chilley (Objector), Mr Jim Lawson (Applicant), Mr Lomax (Applicant), Mr Malcolm Pordage (Objector) and Mr Ron Spreadbury, (Licensing Officer, Kent Police).

455  

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 two applications. The first application was to vary premises licence at the Castle Inn, Eastchurch, Isle of Sheppey. The second application would be for a new premises licence for the Granaries, Standard Quay, Faversham. The application to vary the premises licence at the Kings Head, London Road, Sittingbourne had been withdrawn.

 
456  

declarations of interest

No interests were declared.

 
 

part b minutes for information

 
457  

application to vary premises licence at the castle inn, eastchurch, isle of sheppey under the licensing act 2003

Mr Lawson, the Applicant, presented his case. He explained that other public houses in Eastchurch had already been granted opening hours until 1pm and he was merely requesting the same. He had requested an extension of opening hours to 9am to provide refreshments for persons visiting the prisons in Eastchurch.

Mr Malcolm Pordage, representing residents at the rear of the Castle Inn, informed Members that he had lived to the rear of the Castle Inn for 22 years. He considered the landlord to be one of the best the public house had had in the past few years but unfortunately the clientele often let him down and loud noise often did not end until 11pm. He reported that before the smoking ban came into force on 1st July 2007 the garden noise levels at the site were acceptable. After that date a marquee had been erected for smokers to use and since then there had been an unacceptable rise in shouting and swearing from customers using the marquee. After complaints to the landlord he had agreed to move the marquee to the side and that as a result of this the noise levels had become more acceptable. He requested that if the applicant considered erecting a further shelter for smokers it be located to the side of the building with adequate sound proofing installed. He asked the Committee to delay any decision to allow the planning officers, the noise team, landlord and residents to meet and find a way forward to muffle the shouting and general noise created by customers.

Mr Jonathan Chilley, an adjoining resident, advised that his main objection was in respect to recorded music which often emanated from the public house late in the evening, particular coming through the open fire place in his property which adjoined the Castle Inn. He frequently had to contact the landlord to turn the recorded music down late at night.

The Applicant advised he only ever received complaints about noise from 5pm to 8pm and he was unaware of any problems late at night. In respect of the marquee he advised that both the Noise Control Officer and Smoking Officer had agreed that he had done everything he possibly could to ensure noise was not a problem whilst keeping within the appropriate guidelines. In response to a question, he confirmed that signs had been erected requesting customers to keep noise to a minimum and respect local residents.

The Applicant considered that the chimney in Mr Chilley’s property had been damaged whilst being converted from a shop to a house and this was why he could hear the recorded music.

Mr Chilley, stated that the chimney had sound insulation installed and he could also hear the noise from the other side of the house and did not feel the chimney was the problem.

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

The Licensing Committee adjourned to make their decision at 10:55 am. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 11:24 am, when the Sub-Committee re-convened.

The Chairman suggested that in respect of possible planning application for an extension/shelter for smokers that the applicant contact Planning Services.

RESOLVED:

(1) That in respect of the application to Vary the Premises Licence at the Castle Inn, 78 High Street, Eastchurch, Isle of Sheppey, the Sub-Committee’s decision is attached as Appendix 1:

Recorded Music: 09:00 – 23:30 Monday – Thursday
09:00 – 00:00 Friday – Saturday
12:00 – 23:00 Sunday
Sale of alcohol: 09:00 – 23:30 Monday – Thursday
09:00 – 00:00 Friday – Saturday
11:00 – 23:00 Sunday
Late night refreshment: 23:00 – 23:30 Monday – Thursday
23:00 – 00:00 Friday – Saturday
Opening hours: 09:00 – 23:30 Monday – Thursday
09:00 – 00:00 Friday – Saturday
09:00 – 23:00 Sunday
09:00 – 01:00 Good Friday

Conditions:-
(i) A CCTV system to be installed in the premises to a standard acceptable to the Police to cover all public area inside of the premises, and the area to the side (car park) and rear (garden area) of the premises. The system is to be kept in good working order and regularly maintained with the recordings being kept for a period of one calendar month. The Police will be allowed access to these recordings at any reasonable hour.
(ii) The above condition will come into force on the 1st November 2007.
(iii) All recorded materials shall be kept in a safe and secure location and should not be accessible to members of the public or any other unauthorised persons.
(iv) Access to the premises allowed to Police for the purpose of Ion Track swabbing during all reasonable times.
(v) Anyone leaving the premises will not be permitted to remove, or take with them, open bottles or open containers of any kind, that contain or have contained beverages of any type except into the garden area to the rear of the premises.
(vi) There will be no new entry to the premises after 23:00 hours.
(vii) All staff will be trained in their responsibilities under the Licensing Act 2003.
(viii) The management of the premises are to be members of the ‘Swale Safe’ pub watch system, provided that the board of the organisation agrees this.
(ix) At all times when the premises is open to the public, all/any Radio Links to the Police, are to be well maintained and kept in working order.
(x) All incidents will be logged and kept in an incident book kept specifically for this purpose.
(xi) Prominent notices are to be placed at all exits asking customers to leave quietly and respect residents.
(xii) An ‘Over 21’ policy to be adopted with signs prominently displayed advertising the policy.
(xiii) The only forms of identification that will be accepted is a photographic driving licence, and passport or ‘PASS’ accredited identification such as Connexions Card.
(xiv) All staff to receive training in their responsibilities under the Licensing Act 2003 with regards to children and young persons.
(xv) Auditable records kept of this training, which will be available to any responsible authority at any reasonable time.
(xvi) No unaccompanied children to be allowed on the premises at any time.
(xvii) No children allowed on the premises after 22:00 hours except to prearranged functions or events.
(xviii) The applicant will without undue delay fit a self-closing mechanism to the rear door and will not interfere with or allow anybody else to interfere with its operation.

Appendix 
458  

application for new premises licence under the licensing act 2003

Mr Lomax, the Applicant outlined the application. He advised that he owned a wine warehouse in Sandwich, which was a much larger premises but needed to extend his business and considered this to be the best site. This was purely an extension of his business.

In response to a question he advised that the condition requesting efficient lighting referred to internal lighting. He advised that the opening hours until 10pm were purely in case they had a wine tasting event but did not anticipate staying open as late as that generally.

The Licensing Sub-Committee adjourned to make their decision at 11:48 pm. Members of the Sub-Committee, the Senior Solicitor and Democratic Services Officer left the meeting and returned at 11:49 pm, when the Sub-Committee reconvened.

RESOLVED:

(1) That in respect of a New Premises Licence for The Granaries, Standard Quay, Faversham, Kent, the Sub-Committee’s decision is attached as Appendix 1.

Supply of Alcohol: 09:00 – 22:00 Monday – Saturday
10:00 – 16:00 Sunday
Opening hours: 09:00 – 22:00 Monday – Saturday
10:00 – 16:00 Sunday

Conditions:-
(i) CCTV to be installed to a standard to be approved by Kent Police, to be maintained in good working order, tapes to be kept for 30 days and to be made available to the Police on request.
(ii) Efficient lighting to be installed.
(iii) Fire extinguishers to be installed to the satisfaction of Kent Fire & Rescue.
(iv) Premises to be used for the sale of good quality wines with incidental tasting
(v) No unaccompanied children to be allowed in the premises.

Appendix 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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