Agenda and minutes
PDF 276 KBVenue: Meeting Room 1 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions
Contact: Rosie Gunstone, Democratic Services Officer/Stephen Platt, Democratic Services Officer
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Election of the Chairman The panel is requested to elect a Chairman for the hearing in line with rules agreed by the Licensing and Safety Committee. Minutes: The Panel agreed to appoint Councillor Godwin as Chairman. |
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Record of the meeting To agree that the Chairman, after consultation with the other members of the panel, sign the record of this meeting outside the meeting. Minutes: The Panel agreed that the Chairman, after consultation with the other members of the Panel, sign the record of the meeting outside the meeting. |
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To receive apologies for absence Minutes: There were none. |
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Urgent matters by reason of special circumstances The Chairman will announce any late items which do not appear on the main agenda but which he/she has agreed should be considered by reason of special circumstances to be specified in the report. Minutes: There were none. |
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Declarations of disclosable pecuniary interests and other interests A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.
A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.
A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.
Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.
Members should also ensure they disclose any other interests which may give rise to a conflict under the council’s code of conduct.
In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons. Minutes: Disclosable pecuniary interests
There were none.
Other interests
There were none. |
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In accordance with Section 51 of the Licensing Act 2003, the Council has received an application from Kent Police, as a responsible authority, for a review of the existing premises licence in respect of Sunny News 9 Skinner Street Gillingham Kent ME7 1HD. Additional documents:
Minutes: Discussion:
The Licensing Officer advised the Panel that, in accordance with Section 51 of the Licensing Act 2003, the Council had received an application for review from Kent Police as a responsible authority in respect of the existing Premises Licence for Sunny News, 9 Skinner Street, Gillingham, Kent ME7 1HD.
The grounds for the review (as detailed in the review application on page 17 of the main agenda) related to one of the four licensing objectives:
• The prevention of crime and disorder
The application had been correctly advertised for the required timescale by placing notices at the premises, Council contact points and on the Council’s website in accordance with regulations made under the Licensing Act 2003. Also in accordance with the legislation, notice of the application (and the application itself) was served on the relevant parties for the licensed premises along with the other responsible authorities.
The following documents were included in the main agenda for the Panel’s consideration: -
• Appendix A – pages 9 – 12: A copy of the current premises licence. • Appendix B – page 13: A copy of a plan showing the location of the premises • Appendix C – pages 14 – 19: A copy of the Application for Review
A supplementary agenda containing further information provided by the licensee’s representative was circulated prior to the commencement of the hearing. As this included some exempt financial information, the Chairman asked the Licensee’s representative if this would be referred to in detail as this would require the Panel to consider excluding the press and public from that part of the meeting. The Licensee’s representative confirmed that he would only make passing reference to this information.
The Panel’s attention was drawn to the grounds for the review in relation to the licensing objectives of the Licensing Act 2003 and also to paragraph 3 of the committee report - Advice and analysis on determination of review application.
A representative of Kent Police spoke in support of their application for a review and referred to a visit to the premises undertaken by officers of Kent Police, Medway Council and HM Revenues and Customs (HMRC) on 29 July 2015. During the visit HMRC officers had discovered a basement area, accessible via a hatch that was covered by a carpet, in which 20 cases of Italian wine were found. Together with 39 bottles on the shop shelves, this wine was seized as officers were suspicious that no duty had been paid on it. The Licensee had advised the officers that the price of the wine was £5 for two bottles.
The Police had not subsequently received any paperwork from the Licensee to show that these items had been purchased correctly and could not identify them in the invoices included in the supplementary agenda.
The Licensee’s representative asked the Police representative for her views on the suggested conditions that he had proposed be attached to the licence (as detailed in the supplementary agenda). In response, the Police representative supported ... view the full minutes text for item 392. |
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In accordance with Section 51 of the Licensing Act 2003, the Council has received an application from Kent Police, as a responsible authority, for a review of the existing premises licence in respect of Kubus Convenience, 88 High Street, Chatham, Kent ME4 4DS. Additional documents:
Minutes: Discussion:
The Senior Licensing and Enforcement Officer advised the Panel that, in accordance with Section 51 of the Licensing Act 2003, the Council had received an application for review from Kent Police as a responsible authority in respect of the existing Premises Licence for Kubus Convenience, 88 High Street, Chatham, Kent ME4 4DS
The grounds for the review (as detailed in the review application on page 36 of the main agenda) related to three of the four licensing objectives:
• The prevention of crime and disorder • Public safety • The prevention of public nuisance
The application had been correctly advertised for the required timescale by placing notices at the premises, Council contact points and on the Council’s website in accordance with regulations made under the Licensing Act 2003. Also in accordance with the legislation, notice of the application (and the application itself) was served on the relevant parties for the licensed premises along with the other responsible authorities.
Following the advertising of the review application, a representation supporting the review had been received from Medway Council’s Public Health Directorate, as a responsible authority.
The following documents were included in the main agenda for the Panel’s consideration: -
• Appendix A – pages 27 – 30: A copy of the current premises licence. • Appendix B – page 31: A copy of a plan showing the location of the premises • Appendix C – pages 33 – 48: A copy of the Application for Review • Appendix D – pages 49 – 51: A copy of the representation from Public Health.
A supplementary agenda containing a witness statement submitted by Kent Police was circulated prior to the hearing.
The Panel’s attention was drawn to the grounds for the review in relation to the licensing objectives of the Licensing Act 2003 and also to paragraph 3 of the committee report - Advice and analysis on determination of review application.
A representative of Kent Police spoke in support of their application for a review and referred to visits to the premises undertaken by officers of Kent Police on 5 June and 29 July 2015. On the second visit, officers of Medway Council and HM Revenues and Customs (HMRC) were also in attendance.
During the visit on 5 June 2015, the Licensee was observed selling non-duty paid cigarettes from a carrier bag to members of the public and was issued with a verbal warning. The brands of these cigarettes were not available at wholesalers.
During the visit on 29 July 2015, alcohol over 5.5% ABV was found on display at the premises in breach of the licensing conditions. The Licensee had stated that Council officers had advised him he could sell these items but it was subsequently confirmed that the Council had issued a warning to him for selling the same brand in April 2015. The condition in relation to 5.5% AVB had been attached to the licence because the premises were located in an area with a long history of problems with ... view the full minutes text for item 393. |
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Exclusion of the press and public It is recommended that the panel exclude the press and public from the meeting during the decision-making process for the reasons set out in the report. Minutes: The Panel resolved that the press and public be excluded from the meeting during the decision making process for the reasons set out in the report. |