Agenda and minutes

Venue: Council Chamber - Swale House

Contact: Democratic Services, 01795 417330 

Items
No. Item

144.

Notification of Chairman and Outline of Procedure

Minutes:

The Chairman welcomed everyone to the meeting.

145.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

No interests were declared.

146.

Application for a New Off Licence under the Licensing Act 2003 pdf icon PDF 90 KB

To consider an application for a new Off Licence at Hardy’s Market, 87 Preston Street, Faversham.

Additional documents:

Minutes:

The Chairman invited Mr Joshi, the objector, to present his objections.  Mr Joshi considered that the application could lead to an increase in anti-social behaviour (ASB) in Faversham Town Centre and drew attention to statistics on the Kent Police website which proved under-age drinking was already a problem in Faversham.  Mr Joshi considered that it would be difficult for the applicant to manage the problems of proxy purchasing of alcohol.  Mr Joshi spoke about a memorial bench that had had to be removed as a result of anti-social behaviour which he considered was a direct result of alcohol abuse. 

 

Mr Bauluck, Licensing Officer, introduced the case, referring to the application at Hardy’s Market at 87 Preston Street, Faversham for off sales of alcohol Monday – Sunday 0630 until midnight.  Mr Bauluck stated that following a request from Kent Police the applicant had agreed to amend the operating hours to 0800 until midnight.  Mr Bauluck drew attention to the valid representation in relation to Crime and Disorder received from Mr Joshi which was outlined on page 29 of the report.  Mr Bauluck stated that Mr Joshi had also submitted ASB figures from Kent Police and a petition raising objection to the application.

 

Mr Kerim, the applicant, presented his case.  Mr Kerim stated that this was an opportunity for new jobs in Faversham.  He did not consider that the application would lead to an increase in ASB and explained that if issues were identified once they were operating, then the licence could be called-in for a review.

 

In response to a query from a Member, the applicant stated that four people would be employed at the premises.

 

The Chairman asked Mr Kerim to ensure that he was familiar with the four Licensing Objectives which she read out for his information.

 

In response to a query from a Member, Mr Kerim, explained that the premises was also a convenience store which was open from 6.30am.

 

Mr Harris, Senior Lawyer (Contentious) reminded the Committee that they could only consider the application in relation to the licensing objectives and whilst he noted the concerns in respect of ASB, this was purely speculation at this stage.

 

Mr Joshi admitted that as a new application, the comments in relation to ASB emanating from the premises could only be speculation at this time.

 

Following a request from Mr Joshi about reducing the hours of sale of alcohol from 8am to 10pm, Mr Kerim stated that he would rather the Committee considered the operating times as agreed and requested by Kent Police.  

 

A Member stated that he did not consider that the hours should be extended to midnight and should be in-line with closing times of public houses in the vicinity.

 

In response to a query from Mr Joshi, Mr Kerim stated that with regard to proxy sales they would deal with this in the same way as other premises within Faversham town centre.

 

Mr Bauluck outlined the conditions that would be imposed if the application  ...  view the full minutes text for item 146.