Meeting documents

Licensing Sub-Committee
Tuesday, 15 May 2012

Democratic Services

licensing sub-committee

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne on Tuesday 15 May 2012 from 10:00 am to 11:45 am.

Present: Councillor Mick Constable (Chairman< Councillors Bobbin and Lesley Ingham.

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

Also In Attendance: Mr Geoff Rowley (Kent Police). 230 Park Road, Sittingbourne Mrs Booth, Mrs Large, Mrs Philbury, Mr Rutland, Mr Shonk, Mr Hymus, Miss Ward and Mrs Wheeler (local residents all in objection). Mr Sivaraman and Mr Raj (applicants). The Winchester Club, The Broadway, Sheerness Mr Dodds (applicant) and Mr Bartlett (agent).

680  

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.

 
681  

declarations of interest

No interests were declared.

 
 

part b minutes for information

 
682  

application for a new premises licence under the licensing act 2003 at 230 park road, sittingbourne.

The Chairman introduced the report which set out the application for a new premises licence at 230 Park Road, Sittingbourne. He reported that four further letters of objection had been received.

Mr Sivaraman, the Applicant, gave an overview of his application. He stated that whilst he respected the concerns of residents, he had been in the off-licence trade for at least two to three years, and the pharmacy and retail trade for more than 15 years. He had a proven record in retail and would adhere to the regulations contained within the licence.

Mr Hymus, spoke on behalf of local residents, and raised the following objections: unsuitable location for an off-licence; would lead to an increase in noise and anti-social behaviour; cause problems for residents accessing the adjoining alleyway, which was not covered by CCTV; cause parking and access problems; deliveries to the store could compromise emergency vehicles trying to access adjoining properties; lead to an increase in traffic, making it dangerous for local children; increase litter and underage drinking.

In response to a query, the Assistant Solicitor, was not able to comment on whether the property was subject to a covenant restricting the sale of alcohol.

Mr Sivaraman stated that as it was a small premises it was unlikely to attract customers from out of the area, therefore parking should not be a problem, and only a small delivery van would be needed on an infrequent basis, so there should be no problems with regard to parking/access. With regard to concerns about the sale of alcohol, he stated that they would operate this in a responsible manner as they would not want to lose their licence.

In response to a query from a Member, Mr Sivaraman agreed to install a litter bin outside of the premises.

Mr Rowley, Kent Police, reported that the applicant had agreed to the conditions proposed by them, however they did have concerns that the proposal could lead to public nuisance given its residential location.

Members of the Sub-Committee adjourned to make their decision at 10:25 am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer left the meeting and returned at 10:55 am.

The Chairman stated that they were not present to decide the hours of the shop opening. He further stated that they had listened to and read all objections to the application, and whilst it was sited in a terrace of houses it was the responsibility of the applicant to make sure that all conditions were adhered to. He advised that the conditions outlined in the report would have to be complied with before the licence could be implemented, and that with regard to the times for the sale of alcohol, with the conditions as laid down, any amendment would be difficult to defend on appeal. Therefore they approved the licence.

The Chairman stated however, that they were also sympathetic to the residents and as a safeguard to this licence there was a review procedure that could be called-in at any time if there was a problem. Therefore from today all members of the public had the right to appeal to the magistrates court within 21 days.

RESOLVED:

(1) That in respect of the new premises licence at 230 Park Road, Sittingbourne, the Sub-Committee's decision is attached as Appendix 1:

Sale of Alcohol Monday - Sunday - 07:00 - 23:00

(1) A CCTV system will be installed, or the existing system maintained, such system to be fit for the purpose.

(2) The CCTV system shall be capable of producing immediate copies of recordings on site. Copies of recordings will either be recorded digitally onto CD/DVD or other equivalent medium. Any reasonable request for CCTV by a Police Officer or employee of the Police will be provided within 48 hours of the request being made.

(3) Any recording shall be retained and stored in a suitable and secure manner for a minimum of 28 days and shall be available, subject to compliance with the Data Protection legislation, to the Police or Officers of the Licensing Authority on request.

(4) The CCTV system will incorporate cameras covering the entrance door, outside area and all areas inside the licensed premises that will be capable of providing an image, which is regarded as identification standard.

(5) The precise positions of the cameras may be agreed, subject to compliance with Data Protection legislation, with Police from time to time.

(6) The system will display, on any recording, the correct time and date of the recording.

(7) A system will be in place to maintain a complete audit trail.

(8) The CCTV system will be maintained so as to be fully operational throughout the hours that the premises are open for any licensable activity.

(9) Signage informing customers CCTV is in operation to be displayed.

(10) Signage informing customers that they may be asked to produce specific proof of age identification if attempting to purchase alcohol.

(11) A refusal/incident book will be kept with details of refusal, time, day, and date of event.

(12) Challenge 21 shall be adopted and signs displayed in the entrance, display and sales area to this effect.

(13) Be an active member of the Swale Safe radio system.

Appendix 
683  

application for a new premises licence under the licensing act 2003 at the winchester club, the broadway, sheerness.

The Chairman introduced the report which set out the application for a new premises licence at The Winchester Club, The Broadway, Sheerness.

Mr Bartlett, the applicant's agent, gave an overview of the application. He stated that it would be a quiet mature members only establishment with a minimum age of 25 years.

Mr Bartlett reported that the concerns of Swale Borough Council's Environmental Health Officer (EHO) had been resolved subject to the inclusion of the following conditions: that no recorded or live music be played on Thursdays after midnight; no more than 12 recorded and live music events per annum and no deliveries shall be made to the premises between the hours of 20:00 and 08:00 on any day.

Mr Bartlett then circulated a copy of suggested amendments to the conditions proposed by the Police, which Members considered. Mr Rowley, Kent Police, advised that they were in agreement with the proposed amendments.

In response to questions, Mr Bartlett stated that it was intended to erect a rope barrier outside the club as a designated smoking area, which would be supervised by Security Industry Authority staff. Kent Fire Brigade were happy with the alterations being made which would allow capacity to increase from 60 to 100, although this was unlikely to occur. The Designated Premises Supervisor (DPS) would be a Mr Wigglesworth, and an application from him was imminent.

Discussions ensued about the showing of live sporting events at non-standard times and it was agreed that Temporary Events Notices would be applied for in these instances.

Members of the Sub-Committee adjourned to make their decision at 11:30 am. Members of the Sub-Committee, Assistant Solicitor and Democratic Services Officer left the meeting and returned at 11:40 am.

The Chairman advised that the conditions outlined in the report would have to be complied with before the licence could be implemented.

RESOLVED:

(1) That in respect of the new premises licence at The Winchester Club, The Broadway, Sheerness, the Sub-Committee's decision is attached as Appendix 1:

Supply of alcohol and Films: Monday - Wednesday - 11:00 - 00:01
Thursday - Saturday 11:00 - 02:00
Bank Holidays (inc. preceding Sunday) 1 extra hour after last permitted hour.
New Years Eve 11:00 - end of business next day.

Recorded and Live Music: Times as above with the exception of Thursdays when it would cease at midnight.
Friday - Saturday - 11:00 - 02:00

Sunday - 11:00 - 00:01

Bank Holidays (inc preceding Sundays) - one extra hour after last permitted hour.

New Years Eve - 11:00 - end of business on New Year's Day

Late Night Refreshments: Monday - Sunday - 23:00 - close

(1) No deliveries shall be made to the premises between the hours of 20:00 and 08:00 on any day.

(2) Live and recorded music events shall be limited to not more than 12 events per annum.

(3) Any CCTV installed on the premises will be maintained in good and efficient working order and utilised when the premises are open for licensing purposes. Recorded media will be retained for 28 days and made available to the Police or an authorised officer of the licensing authority on reasonable request and any copy of the CCTV will be provided within 48 hours of the request being made.

(4) The premises licence holder shall ensure that a refusals register is maintained in accordance with the current standards set by Kent Trading Standards. Staff shall receive training in its use. The refusals register shall be made available to Police or an authorised officer of the licensing authority at any reasonable time.

(5) The premises licence holder shall ensure that an incident book will be kept with details of time, day, and date of event and shall be made available to Police or an authorised officer of the licensing authority at any reasonable time.

(6) All glasses used on the premises will be polycarbonates or toughened glass with the exception of champagne flutes and liqueur glasses.

(7) Signs shall be displayed in a clear position adjacent to all exit-entrances requesting that members respect the amenity of the area and leave quietly.

(8) The premises shall not be used for exotic dancing.

(9) Outside smoking area will be a clearly designated area.

(10) No admission or re-admission to the premises after 01:00 hours.

(11) The premises will be members of the Swale Safe Radio system.

(12) A minimum of one Security Industry Authority registered door staff will work the entry door on a Friday and Saturday from 20:00 until the premises are closed and on all Bank Holidays and preceding Sundays.

(13) Members only premises. A list of members and addresses will be kept and made available to Police on reasonable request.

(14) Members may sign-in two guests per member. A bound book will be kept and this will be the responsibility of the designated premises supervisor.

(15) All members will be over the age of 25 and guests may be admitted over the age of 21.

(16) Entry will be by a card or fob scheme to ensure only members have access.

(17) The entry door will be kept closed and secure.

(18) No alcohol will be supplied after 02:00 hours allowing a 30 minute cooling-off period prior to closure at 02:30 hours.

(19) Any hire agreement outside of the members club will have a booking form with details of the hirer. These details will be verified by means of passport and/or driving licence and these details recorded. All conditions attached to the licence will apply when the premises are hired.

(20) An agreed system to accurately record numbers of persons in the premises will be in use.

(21) That a Temporary Events Notice be applied for in instances where live sporting events are required at non-standard times.


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

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