Meeting documents

Licensing Sub-Committee
Tuesday, 29 March 2011

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Committee Room, Swale House, East Street, Sittingbourne on Tuesday 29th March 2011 from 10:00 am to 11:46 am.

Present: Councillor John Morris (Chairman), Councillors Lesley Ingham and Alan Willicombe (substitute for Councillor Derek Conway).

Officers Present: David Ledger, Kellie Mackenzie, Samantha Potts and Donna Price.

Also In Attendance: Mr Chris Oswald-Jones (local resident), Mr Durkin (applicant for new time limited premises application for Faversham Hop Festival) and Mr Thorpe (applicant for new premises licence at Unit 23 Klondyke Industrial Estate).

Apologies: Councillor Derek Conway.

771  

notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. He then outlined the procedure that would be followed.

 
772  

declarations of interest

No interests were declared.

 
 

part b minutes for information

 
773  

new time limited premises application

The Chairman introduced the report which provided details of an application from Faversham Hop Festival Limited requesting the removal of four conditions in respect of Noise Monitoring at the Preston Street site for the duration of the Hop Festival weekend.

Mr Durkin, Director of the Faversham Hop Festival Limited, presented his case for removing the conditions. He explained that following complaints in 2005 he had taken on responsibility for noise monitoring, but due to other Festival commitments and not being able to provide the equipment required he would no longer be able to be responsible for monitoring noise at the event. Mr Durkin stated that he had complete faith that the qualified sound engineers would ensure sound levels were maintained at an acceptable level.

Mr Durkin drew attention to the noise report he had produced in 2010 which confirmed that there had been effective noise control at the Festival for the last five years with no noise complaints received. Mr Durkin stated that the Code of Practice target of 65dB(A) when crowd noise was greater was impossible to achieve, and it would be better for it to be set at 15dB(A), as set by Environmental Health Officers for events such as the Notting Hill Carnival.

Mr Durkin considered that they were being unfairly treated as other events at other local venues were not subject to the same conditions.

The Environmental Protection Manager spoke against removal of the conditions. He stated that whilst he had some sympathy with the Festival organisers, complaints had been received during 2007 and 2008 and it was important that noise be monitored at the site. He agreed that the Code of Practice on 'Environmental Noise Control at Concerts' published in 1995 was inappropriate for the Hop Festival, but stated that some form of control was necessary.

The Environmental Protection Manager drew attention to his proposed recommendations, which he considered to be balanced, fair and enforceable.

In response to a query, the Environmental Protection Manager advised that equipment was not required to monitor sound at the site.

The Sub-Committee adjourned to make their decision at 10:50 am. Members of the Sub-Committee, Assistant Solicitor and Democratic Services Officer left the meeting and returned at 11 am to make their decision.

RESOLVED:

(1) In respect of the Review of the Time Limited Premises Application, the Sub-Committee's decision is attached as Appendix 1:

That the following conditions be applied:

(1) The Hop Festival Company Ltd is to monitor the Preston Street stage site to prevent excessive levels of noise at nearby residential properties with habitable rooms on the ground floor. The methods used are to be agreed with the Licensing Manager prior to the event.

(2) The Hop Festival Company Ltd shall provide the Licensing Manager and residents in the vicinity of the Preston Street stage with a name and telephone number of a Steward or Organiser with whom they can make a complaint about noise and safety issues.

(3) All bands performing on the Preston Street stage are to be advised that there are constraints with respect to noise levels and the Organiser and Sound Engineer's decisions on noise levels are final.

Appendix 
774  

application for a new premises licence under the licensing act 2003

The Chairman introduced the report which provided details of an application for sale of alcohol only, at a storage unit on the Klondyke Industrial Estate, Queenborough.

Mr Thorpe, the applicant, presented his case. Mr Thorpe explained that he hoped to be able to provide an alcohol delivery service from the Klondyke Industrial Estate from which he had 24 hour access. He stated that CCTV would be installed at both the premises and vehicle.

In response to queries from Members, Mr Thorpe stated that the times requested were needed to ensure the business was viable and he had chosen the Klondyke Industrial estate as it was the only 24 hour unit, he would not be able to afford the overheads of a premises further in town.

In response to concerns Mr Thorpe agreed that he would only distribute to residential addresses and only deliver to three properties on any one run.

A Member raised concern with regard to underage sales. Mr Thorpe stated that he could impose a membership only rule, which would help to prevent this.

Mr Rowley (Police Licensing Officer) raised objection to the application. He outlined the eight conditions they would like imposed. Mr Thorpe confirmed he had no objections to these conditions.

Mr Rowley (Police Licensing Officer) stated that they had concerns that the sale of alcohol during the early hours could increase public disorder issues. He asked that the hours of operation be amended to 17:00 hours to 23:00 hours.

Mr Thorpe stated these hours of operation would not be viable. Mr Thorpe advised that he would be prepared to reduce the hours he had requested to 17:00 hours to 03:30 hours.

The Licensing Sub-Committee adjourned to make their decision at 11:35 am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer returned at 11:45 am.

RESOLVED:

(1) That in respect of the New Premises Licence at Unit 23, Klondyke Industrial Estate, Rushenden Road, Queenborough the Sub-Committee's decision is attached as Appendix 1:

(1) That the Designated Premises Supervisor (DPS) will be a member of the Swale Safe Scheme with the agreement of the board of directors.

(2) The DPS or a named authorised person accepting an order at the point of sale must check what ID will be presented to the delivery driver.

(3) Challenge 25 policy is to be adopted, the only forms of ID to be accepted are a full photographic driving licence, a valid UK passport or proof of age card with the PASS logo.

(4) Payment will only be made by credit card. Details of Id being provided must be clearly on the office copy of the credit card receipt. NO cash transactions are to be taken.

(5) There will be a maximum to what can be delivered ie. 1 case of beer 24 cans, 6 bottles of wine and 1 bottle of spirit.

(6) Deliveries will be made by at least two persons of which one is to be a personal licence holder.

(7) CCTV is to be installed and working in accordance with the Best Practice Code issued by the Information Commissioners' Office, in each delivery vehicle and storage premises and loading area. Recordings are to be maintained for at least 31 days. If the equipment fails the Police and licensing authority must be informed as soon as possible and immediate steps taken to put the equipment back into service.

(8) There must be a copy of documents and addresses kept of all orders taken for delivery. This is to be made available for inspection upon request from an authorised officer.

(9) That deliveries will be made to residential addresses only.

(10) That only three deliveries will be made on any one run.

(11) That the hours of operation will be Monday to Sunday 17.00 hours to 03.30 hours.

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

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