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 an application for a new Premises Licence for The Spice Lounge, 76 Preston Street, Faversham and detailed the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

application for a new premises licence under the licensing act 2003 - the spice lounge, 76 preston street, faversham

Mr Guy outlined the application, informing the Sub-Committee that the applicant had agreed to a condition suggested by the Police that stated that alcohol would only be served with a substantial meal. He pointed out the difficulty in responding to the objector's comments when no address was provided and confirmed that the applicant had originally requested a licence to 02:00am for special occasions and birthday celebrations only; however during discussions Mr Guy agreed that 01:00 am would be acceptable. He also acknowledge the suggestions that had been made by the Police, with regard to CCTV, providing alcohol with a substantial meal only, prevention of customers taking open vessels (bottles etc) outside of the premises and using toughened glass. Mr Guy re-iterated that the premises were to be used as a restaurant and not a public house. During discussion, Mr Guy withdrew the applications for Making Music, Dancing and Performance of Dance.

Miss Fletcher spoke in objection to the application; requesting that the term 'substantial meal' be clarified. Following considerable discussion, the Sub-Committee agreed that the term, for this application, be qualified as a meal comprising at least a main meal from the menu. She also raised concern with regard to the live and recorded music asking if the premises were insulated at all; the risk that intoxicated customers could leave the restaurant and contribute to the growing anti-social behaviour (ASB) in the area and the question of where smokers would locate themselves and if this would impact on residents. With regard to the ASB she noted that the 'Hole in the Wall' public house provided door staff and questioned whether The Spice Lounge would do the same. Miss Fletcher referred to the Area Action Plan, asking the Sub-Committee to consider whether the Spice Lounge would be an asset to the historic town, when there were already various other restaurants within a short distance of the location.

In response to the questions raised by Miss Fletcher, Mr Guy confirmed that the premises were insulated in so far as double glazing and that the door would be closed at all times; that the issue regarding smokers would be discussed with the applicant; that he considered door staff were not necessary for a restaurant and that the Councillors local judgement should ascertain if The Spice Lounge was an appropriate addition for Faversham.

Mr Ledger, Swale Borough Council's Environmental Protection Manager, referred to the representations that the Environmental Health department had expressed and outlined the concern regarding noise leakage from the restaurant in to the adjoining property. He tabled suggestions for the licensing hours, including the suggestion that a condition be added where amplified music would not be audible in the adjoining premises; which was accepted by the Solicitor for the applicant.

Mr Hoare (Kent Fire and Rescue Service) stated that the Fire Service raised no objection to the application, providing that the premises met current regulations. He informed the Sub-Committee that he had discussed these with the builders and that the maximum capacity of the restaurant would be 60 people.

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

The Licensing Committee adjourned to make their decision at 10:56 am. Members of the Sub-Committee, the Senior Assistant Solicitor and the Senior Democratic Services Officer left the meeting and returned at 11:19 am, when the Sub-Committee re-convened.