Agenda and minutes

Licensing Hearing Panel - Tuesday, 6 November 2012 2.30pm

Venue: Meeting Room 13 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions

Contact: Ellen Wright, Democratic Services Officer 

Items
No. Item

532.

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:

Decision:

 

It was agreed that Councillor Hicks be elected Chairman for this meeting.

533.

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:

Decision:

 

It was agreed that the Chairman, after consultation with the other members of the Panel, sign the record of the meeting outside the meeting.

534.

To receive apologies for absence

Minutes:

There were none. 

535.

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. 

536.

Declarations of disclosable pecuniary 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.

 

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:

There were none. 

537.

Licensing Act 2003 Application for new premises licence - Best One, 356-358 High Street, Chatham pdf icon PDF 3 MB

Minutes:

Discussion:

 

The Panel heard an application for a new premises licence in respect of Best One, 356 – 358 High Street Chatham ME4 4NP.

 

At the commencement of the hearing it was noted that the premises to which the application related was located in Chatham High Street and not Gillingham High Street as printed on the heading of the committee report.
 

In accordance with the Licensing Act 2003, the Senior Licensing and Enforcement Officer advised that the application had been correctly advertised in the local press and notices displayed on the premises for the required timescale.

 

The Senior Licensing and Enforcement Officer advised that the application was for the following:

 

Hours the premises are open to the public

 

Monday – Sunday                                              06.00 – 01.00

 

Supply of alcohol – off the premises

 

Monday – Sunday                                              06.00 – 01.00

 

The Senior Licensing and Enforcement Officer referred to Appendix C within the case papers and highlighted the location of the premises on the map.

 

The application had been referred to the Panel for determination following receipt of a representation from Kent Police relating to the licensing objectives.

 

The applicant’s representative outlined the following points:

 

·        Having received details of the Police objections, the applicant was prepared to reduce the hours during which alcohol would be sold to 08.00 – 23.00 and the hours the premises would be open to 07.00 – 23.00. This earlier open time was considered necessary for the sale of newspapers.

·        The applicant was happy to comply with all the additional conditions suggested by the Police, should the licence be granted, with the exception of the condition stating that no high strength beers, lager or cider will be sold above 5.5% ABV. It was considered that such condition would affect sales of other items from the store.

·        Mr Uzum has been a licence holder operating in Gillingham since 2003 and there have been no issues previously with regard to sales to persons who are underage or intoxicated.

·        Mr Uzum’s two sons are both licence holders and will be assisting Mr Uzam in running the store.

·        Mr Uzum has recently re-qualified as a licence holder.

·        Mr Uzum will be operating Challenge 25 at the premises and will operate a refusals book. In addition, he will be vigilant as to ensuring that persons were not buying alcohol for consumption by persons who were underage or had previously been refused the sale of alcohol.

·        Mr Uzum was aware that shop was located in an area frequented by street drinkers and he would refuse to serve alcohol to such persons.

·        Mr Uzum would erect posters stating that photo ID would be required if a person was considered to look under the age of 25.

·        All staff employed to work at the store would be trained.

·        CCTV would be installed within the premises.

·        Mr Uzum would participate in the partnership scheme.

·        Mr Uzum did not consider that if granted the licence as applied for, it would lead to an increase in problems already being experienced in  ...  view the full minutes text for item 537.

538.

Exclusion of the press and public pdf icon PDF 15 KB

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 agreed to exclude the press and public under paragraph 5 of

Schedule 12A of the Local Government Act 1972 for the decision-making

element of the licence application considered.