Agenda and minutes

Venue: Council Chamber - Swale House

Contact: Democratic Services, 01795 417330 

Items
No. Item

285.

Notification of Chairman and Outline of Procedure

Minutes:

The Chairman welcomed everyone to the meeting and outlined the procedure that would be followed.

286.

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.

287.

Application for a variation of premises licence under the Licensing Act 2003 pdf icon PDF 93 KB

To consider an application for a variation of premises licence at Park N Shop, 15 – 21 Key Street, Sittingbourne, Kent, ME10 1XX.

 

Tabled paper uploaded 21.10.15

Additional documents:

Minutes:

Mr Mohammad Bauluck, Licensing Officer, introduced the application in respect of Park N Shop, 15 – 21 Key Street, Sittingbourne for an extension of opening hours and sale of alcohol to 24 hours.  Representations had been received from Kent Police who required four conditions which were set out in the report.  Four representations had been received from objectors and their comments were outlined on Appendix D of the report.  The Licensing Officer stated that Councillor Mike Baldock, Ward Councillor, was in attendance to speak on behalf of three of the objectors.  Mr Bauluck advised that one further representation had been received, but it was not valid so could not be considered.

 

Ms Gill Sherratt (Licensing Matters), the applicant’s agent, presented their case.  She drew attention to the tabled Supporting Documents which had been emailed to Members prior to the meeting.  She stated that the applicants operated 48 convenience stores, 37 sites had a premises licence and 15 had a licence for 24 hour sales of alcohol, demonstrating that Park Garage Group Plc were experienced and responsible in regard to the sale of alcohol.   Ms Sherratt reported that the applicants had operated at the forecourt convenience store at Sittingbourne Filling Station for 12 years, including the sale of alcohol, with no problems.  Ms Sherratt advised that the position of Designated Premises Supervisor had been held by the same lady since the premises had opened and that an audit was carried out at the premises on a monthly basis to ensure the terms of the original conditions were being adhered to.  On-line training for staff was also provided.  With regard to the representations received, Ms Sherratt stated that the application would not affect the forecourt and tanker delivery times.  With regard to concerns about the likely increase in anti-social behaviour, she stated that this was purely speculation. 

 

In response to questions, Ms Sherratt stated that issues about the primary use of the site as a garage was an enforcement issue for the Police and Local Authority to evidence.  Mr Harvey, the applicant, stated that two staff were employed at the site during the day and one member of staff would be employed during the night shift.  During the night shift the main door would be locked and customers would be served via the serving hatch.

 

Councillor Mike Baldock, representing Mr and Mrs Knott, Mr and Mrs Judges and Mr and Mrs Westley, outlined their concerns.  Councillor Baldock explained that  due to its location adjacent to a crossroads, motorists often pulled-in to the forecourt to use the facilities and use it as a meeting place.  This caused noise and disturbance to local residents.  He spoke about the affects it had on the family life of Mr and Mrs Westley whose property was next door to 15 – 21 Key Street, Sittingbourne.  Councillor Baldock considered that allowing the application would be unfair on local residents and was contrary to Article 8 of the Human Rights Act.  Councillor Baldock stated that Members  ...  view the full minutes text for item 287.