Agenda and minutes

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

Contact: Democratic Services, 01795 417330 

Items
No. Item

52.

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.

53.

Notification of Chairman and Outline of Procedure

Minutes:

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

54.

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.

55.

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.

56.

Application for a Grant of a Premises Licence

To review a Premises Licence.

Minutes:

The Licensing Officer introduced the report which was for an application for the grant of a premises licence at the Spice Lounge, 76 West Street, Faversham.  She drew attention to the proposed licensable activities and operation hours and advised that the existing premises licence was revoked by a previous Sub-Committee, due to breaches of employment rules in relation to the employment of staff.  The Licensing Officer highlighted the full reasons for the revocation of the Licence in the Notice of Determination.  She advised that the former owner had appealed the decision in order to give the current premises owners the opportunity to apply for a licence in their own right, but for the business to remain open and operating licensable activities in the meantime.

 

The Licensing Officer advised that during the 28 days consultation period, two relevant representations had been received, from Kent Fire and Rescue and Kent Police Licensing, and that no other relevant representations were received from the public.

 

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

 

Mr Gary Dolan, Barrister for the applicant, Mrs Al-Din, said that the previous difficulties were no longer applicable as the former owner would not be involved once a new licence was in place, and the current applicant was fully aware of her responsibilities.  He added that the applicant’s husband Mr Al-Din, did work for the previous owner as the Head Chef but had no management responsibility.  Mr Dolan referred to the objection by Kent Fire and Rescue and advised that the relevant Certificate had now been provided.  The applicant provided evidence of the certificates later in the meeting.

 

The Chairman invited Members to ask questions of the applicant’s Barrister. There were no questions.

 

In response to a question from PC Chris Hill (Kent Police), the applicant advised that the former owner’s current role was to supervise the sale of alcohol.  In the discussion that followed, PC Hill questioned whether the former owner was a responsible person to be involved in the business and suggested alternative, more responsible options of keeping the restaurant open to the public.

 

The applicant explained that she had been given poor legal advice by her previous solicitor and was new to the restaurant business.  She clarified her relationship with the previous owner.

 

PC Dan Hunt presented his case.  He outlined the details of visits when illegal workers had been at the premises and explained paperwork he had seen at the time of the completion of the sale which showed only the contents of the restaurant sale, not the building. He explained the business had been sold to Spice Lounge Ltd and the applicant and her husband were company directors.  PC  Hill considered that there had been many contradictions and misleading information provided by the applicants and that licensing objectives were being undermined.

 

The Chairman invited the applicant’s Barrister to ask questions.  In response to a question on the sale of the contents of the restaurant, PC Hill said that the  ...  view the full minutes text for item 56.

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