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 Brogdale Horticultural Trust, Brogdale Road, Faversham and detailed the procedure that would be followed.

declarations of interest

Councillor Anita Walker advised that she knew one of the objectors, no objections were raised to Councillor Anita Walker considering the application.

part b minutes for information

application for new premises licence under the licensing act 2003

Mr Oliver, representing Brogdale Horticultural Trust, explained that due to an oversight the Trust had failed to apply for their grandfather rights before the new Licensing Act came into force in November 2005. He informed the Sub-Committee that the Trust had eight events planned for the remainder of 2006. The Trust had noted the previous complaints raised by residents and endeavoured to keep disruption to a minimum. He explained that the proposed hours outlined in the application were broad to allow the Trust's activities to continue as normal without fear of breaking the law. He emphasised that the application did not include the sale of alcohol.

In response to questions from the objectors, Mr Oliver explained that no alcohol was currently sold on site and that the events and activities held at Brogdale would remain similar to those already held at the site.

In response to a question from Mrs Moskovits, the Senior Solicitor clarified the differences between a permanent licence and Temporary Events Notices (TENs). He explained that the cost of applying for individual TENs would be prohibitive for the Trust and they could only apply for a certain amount each year.

The Chairman advised that should the application be granted and problems arise, the residents could request a review of the licence by contacting the Licensing Department at Swale Borough Council.

In response to a question, the Licensing Officer explained that the licence would be issued to Brogdale Horticultural Trust and if the site was taken over by another organisation they would have to apply for the licence to be transferred to them. She also advised that late night refreshments covered the sale of hot drinks.

The objector, Mrs Moskovits, explained that the residents had concerns regarding the potential noise disturbance and the detrimental effect this would have on the quiet rural area surrounding Brogdale Farm. She also raised concerns regarding the length of time a review of the premises licence would take. The Licensing Officer responded by explaining that a review of the licence would be held within five weeks of a request being received.

Mr Oliver acknowledged the residents' concerns and suggested a meeting between residents and the Trust on a regular basis.

The Licensing Sub-Committee adjourned to make their decision at 11.17 am. Members of the Sub-Committee, the Senior Solicitor and the Democratic Services Officer left the meeting and returned at 11.32 am, when the Sub-Committee reconvened.