Agenda and draft minutes

Venue: Second Floor Conference Room, Swale House

Contact: Democratic Services, 01795 417330 

Media

Items
No. Item

307.

Emergency Evacuation Procedure

Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

 

 

Minutes:

The Chairman outlined the emergency evacutation procedure.

308.

Notification of Chair and Outline of Procedure

Minutes:

The Chair opened the meeting and asked those in attendance to introduce themselves.  He confirmed that those in attendance were aware of and had received a copy of the hearing procedure.

309.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

 

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

 

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to the meeting.

 

Minutes:

There were no declarations of interest.

310.

Review of Premises Licence pdf icon PDF 137 KB

To consider a review of the premises licence for The Warden Bay, Jetty Road, Warden, Sheerness, Kent, ME13 4NF

Additional documents:

Minutes:

The Licensing Team Leader introduced the report which asked Members to consider the application for a review of the licence granted under the Licensing Act 2003 for The Warden Bay, Jetty Road, Warden, Sheerness, Kent ME12 4NF. She set out the conditions imposed at the interim steps hearing held on 2nd September 2022 at paragraph 2.4, and said that following that hearing, a variation application had been made and approved for Mrs Yvonne O’Regan to replace Mr Christopher Prime as Designated Premises Supervisor (DPS) on the premises licence.

 

The Licensing Team Leader said that in response to publicising the review application, six representations had been received as set out in Appendix IV, and further information had been received from Kent Police as at Appendices V and VI. 

 

The Licensing Team Leader referred to the options in paragraphs 3.1 – 3.5 of the report for Members to consider when determining the review application.

 

Mrs Louise Peartree spoke in support of the premises.

 

At this point of the meeting Members took a vote to continue the discussion in closed session in order not to prejudice the current Police investigation.

311.

Exclusion of the Press and Public

To decide whether to pass the resolution set out below in respect of the following item:

 

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting from the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2.

 

1.  Information relating to any individual.

2.  Information which is likely to reveal the identity of an individual.

Minutes:

Resolved:

 

That under Section 100A94) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of the Schedule of 12A of the Act:

 

1.    Information relating to any individual

2.    Information which is likely to reveal the identity of an individual

 

The Kent Police Licensing Officer expressed the seriousness of the alleged crime, which was still under investigation, and acknowledged that although it was a stand alone incident, correct procedures were not followed after the incident by any of the staff present. He said that since the expedited hearing on 2 September 2022, there had been constructive negotiation and he shared a suggested list of conditions for the Committee to consider imposing, in reviewing the premises licence.

 

The Kent Police Licensing Officer responded to questions.

 

The applicant’s solicitor, Mr Overton, said that whilst he did not agree with all the concerns expressed by the Kent Police Licensing Officer, he was in support of the suggested conditions.

 

Mr Overton responded to questions.

 

At this point of the meeting, Members agreed for the meeting to return to open session.

 

Members of the Sub-Committee and the Lawyer (Contentious) adjourned at 10.51 am to make their decision.

 

Members of the Sub-Committee, the Lawyer (Contentious) and the Democratic Services Manager returned to the meeting at 12.09 pm and the decision, as attached at Appendix I to these minutes was announced.

 

Resolved:

 

(1)  That the Licensing Sub-Committee considered the application for review by Kent Police and any relevant representations and determined to impose conditions as set out in the Decision Notice.

 

(2)  That the interim steps decision made at the Licensing Sub-Committee meeting of 2nd September 2022 in respect of the additional condition only was appropriate for the promotion of the licensing objectives and the condition that was imposed was to remain as an interim step, as set out in the Decision Noticed attached at Appendix I.  The DPS had already been varied and no interim step in that respect was considered necessary.

 

Appendix - Decision Notice pdf icon PDF 640 KB

312.

Exempt Appendicies

Minutes:

Members considered the exempt appendices.

313.

Adjournment of meeting

Minutes:

The meeting was adjourned from 10.51 am to 12.09 pm.