Agenda and minutes

Venue: Swale House, East Street, Sittingbourne, Kent, ME10 3HT

Contact: Democratic Services, 01795 417330 

Items
No. Item

514.

Emergency Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park. Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

Minutes:

The Chairman ensured that those present were aware of the emergency evacuation procedure.

 

515.

Notification of Chairman and Outline of Procedure

Minutes:

The Chairman opened the meeting and asked those present to introduce themselves.

 

516.

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.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

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 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.

517.

Exclusion of 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 for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7.

 

7.  Information relating to any action taken in connection with the prevention, investigation or prosecution of crime.

Minutes:

Resolved:

 

That under Section 100A(4) 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 Paragraph 7 of Schedule 12A of the Act:

 

7.  Information relating to any action taken in connection with the prevention, investigation or prosecution of crime.

 

518.

Review of a Premises Licence - Spice Lounge, 76 Preston Street, Faversham

To review a Premises Licence.

Minutes:

The Licensing Officer introduced the report which was for a review of the premises licence at the Spice Lounge, 76 Preston Street, Faversham.

 

The Licensing Officer stated that the grounds for the review related to the licensing objectives of the prevention of crime and disorder and protection and public safety and also to the execution of two recent warrants at the premises conducted by immigration officers.

 

The Licensing Officer advised Members that there had been some issues around the displaying of the required notice for the statutory period of 28 days.  She explained that whilst the notice had been posted on the Council website and via a blue notice posted at the Council offices, unfortunately the notice had not been correctly displayed at the premises for the full statutory period. 

 

The Licensing Officer explained that whilst the notice display requirements had quite clearly not been complied with, case law had created the concept of ‘substantial compliance’ which meant that a minor effect in the process did not necessarily invalidate the entire procedure.  She stated that it was for Members to determine whether the hearing could continue.

 

The Sub-Committee agreed that the hearing should continue.

 

The Chairman noted that the Respondent had chosen not to attend the hearing and asked Members whether they were happy that there was sufficient evidence of the respondent’s position to continue with the hearing.

 

The Sub-Committee voted unanimously that the hearing should continue. 

 

The Licensing Officer referred to the review application which was set-out on page 7 of the agenda pack.  She explained that this was as a result of warrants executed at the premises, one on 10 August 2018 where four persons were found to be working illegally at the premises and a subsequent warrant executed on 8 November 2018 which found two persons working illegally.  She stated that under provisions contained with the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 1971, an employer must check the immigration status of persons that they employed.

 

The Licensing Officer reported that Mohammad Bauluck (Licensing Officer, Swale Borough Council) had accompanied immigration officers on both visits and conducted a full licensing compliance inspection, where it was found that there were breaches of the conditions attached to the premises licence.  Mr Bauluck had supplied a witness statement which was shown on page 23 of the agenda and a letter and email exchange between him and the Respondent.  The Licensing Officer reported that all breaches of the conditions had now been remedied.

 

The Licensing Officer advised that Kent Police were seeking revocation of the licence.

 

The Chairman invited Members to ask questions of the Licensing Officer.  There were no questions.

 

PC Dan Hunt (Kent Police) presented his case.  He explained in detail their grounds for a review which were set-out on page 9 of the agenda and referred to the two warrants issued by the Home Office Immigration Officers at the premises.  PC Hunt advised that Home Office Immigration officers had provided evidence of other occasions when  ...  view the full minutes text for item 518.

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