notification of chairman and outline of procedure

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

declarations of interest

No interests were declared.

part b minutes for the licensing sub-committee to decide

application to vary the designated supervisor at swojska chatka, 1 broadway, sheerness

The report set out an application to vary the Designated Premises Supervisor (DPS) at the above premises, following Police objections.

Ms Mikolajourk spoke on behalf of the Applicant. She explained that Ms Sobotka was able to speak sufficient English to be able to contact the Police if required and provide basic information of any problem that may cause her to need Police assistance. Ms Mikolajourk advised that Ms Sobotka was also able to ask for ID when selling alcohol and to refuse a sale if necessary. Help was also available nearby from more fluent English speakers. Ms Sobotka was the only person working in the shop and she was receiving English lessons.

In response to a question, Ms Mikolajourk explained that she was translating for Ms Sobotka as the Applicant was very nervous.

Members suggested that Ms Sobotka would need to be able to communicate in English with the Police, other agencies and with Swale Borough Council Officers in her role as a DPS.

PC Chris Hill explained that he was concerned with issues of crime and disorder and the security aspect of Ms Sobotka leaving the premises to get English-speaking assistance. He advised that the penalties if Ms Sobotka was not able to abide by the law were high. PC Hill also had concern with the potential lack of communication and interaction between Ms Sobotka and other agencies, there to help provide information and advise her.

Ms Mikolajourk advised that Ms Sobotka was unable to afford to employ additional staff until she had a licence to sell alcohol which would increase her income. Customers once in the shop to purchase alcohol were then likely to buy other products.

The Solicitor raised concern as to whether Ms Sobotka understood what was being said by PC Hill and emphasised the need for her to relay to the Sub-Committee that she understood the legal part of the licence and the penalties that could be enforced.

PC Hill considered that the language barrier prevented Ms Sobotka from upholding the licensing conditions.

In response to a question, Ms Sobotka explained what the four licensing objectives were.

The Sub-Committee adjourned to make their decision at 10:48 am. Members of the Sub-Committee, Solicitor and Democratic Services Officer left the meeting and returned at 11:04 am, when the meeting re-convened.

The Chairman stated that the Sub-Committee had concerns with the application. However, Ms Sobotka had demonstrated an understanding of the licensing objectives and the Sub-Committee were satisfied that she could run the shop. The shop would be monitored by the Police and other agencies, reporting back to the Licensing Department if necessary. Ms Sobotka was advised to continue to improve her English and to use it as often as she could, especially when dealing with agencies.