Agenda and minutes

Licensing Hearing Panel - Tuesday, 29 November 2016 9.30am

Venue: Meeting Room 2 - Level 3, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR. View directions

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

478.

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:

Councillor Mrs Diane Chambers was elected Chairman for the meeting.

479.

To receive apologies for absence

Minutes:

There were none.

480.

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:

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

481.

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. 

482.

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. 

483.

Application for a New Premises Licence - Galvanising Shop, Chatham Historic Dockyard, East Road, Chatham, Kent. ME4 4TY pdf icon PDF 3 MB

In accordance with the Licensing Act 2003, the Council has received an application for a new premises licence in respect of Galvanising Shop, Chatham Historic Dockyard, East Road, Chatham, Kent, ME4 4TY. Representations have been received and the matter is referred to the Licensing Hearing Panel for determination. 

Minutes:

Discussion:

 

The Chairman asked the parties to introduce themselves and reminded all present of the process that the hearing would follow as outlined in the agenda.

 

The Principal Licensing and Enforcement Officer stated that, in accordance with the Licensing Act 2003, the Council had received a new application for a premises licence in respect of the Galvanising Shop, Chatham Historic Dockyard, East Road, Chatham, Kent ME4 4TY. The application requested the sale of alcohol on and off the premises and for the provision of regulated entertainment. All responsible authorities have been consulted in line with the Licensing Act 2003 and negotiation between the applicant and Environmental Protection had resulted in the application being amended.  Representations were received from the Police and members of the public and no agreement had been reached prior to the hearing. 

 

The application sought the following licensable activities:

 

Plays – Indoors

 

Monday to Saturday                                                            08:00 – 23:45

Sunday                                                                      08:00 – 23:00

 

Films – Indoors

 

Monday to Saturday                                                            08:00 – 23:45

Sunday                                                                      08:00 – 23:00

 

Live music – Indoors & Outdoors

 

Monday to Saturday                                                            08:00 – 23:45

Sunday                                                                      08:00 – 23:00

 

Recorded music – Indoors

 

Monday to Saturday                                                            08:00 – 23:45

Sunday                                                                      08:00 – 23:00

 

Performance of dance – Indoors & Outdoors

 

Monday to Saturday                                                            08:00 – 23:45

Sunday                                                                      08:00 – 23:00

 

Late night refreshment – Indoors

 

Monday to Saturday                                                            23:00 – 00:00

                                                                                   

Sale of Alcohol – On and off the premises

 

Monday to Saturday                                                            08:00 – 00:00

Sunday                                                                      08:00 – 23:15

 

Hours the premises are open to the public

 

Monday to Saturday                                                07:00 – 00:00

Sunday                                                                      07:00 – 23:15

 

The premises may open outside authorised hours for non-licensable activities subject to planning or other legislation.

 

Following negotiations with Environmental Protection, the applicant had amended the operating schedule of their application in relation to amplified music and limiting regulated entertainment outdoors by agreeing for additional conditions to be attached to the licence should it be granted.  The additional conditions were as follows:

 

1.    No amplified music is to be permitted unless a noise management plan, which has been agreed with the Local Authority, is in place. The noise management plan shall be periodically reviewed and/or when significant changes occur in the operation, building or event type or following a complaint.

 

2.    Regulated entertainment outdoors will be limited to 15 days a year and will cease at 21:30. On 3 days a year regulated entertainment outdoors will cease at 23:00 and will not occur on consecutive days.

The Principal Licensing and Enforcement Officer advised the Panel that representations relating to all four of the licensing objectives had been received from Kent Police and one had been received from members of the public relating to the prevention of public nuisance. 

 

Within their representation, Kent Police had requested the following conditions:

 

1.         CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.

 

·           Cameras shall encompass all ingress and egress to the premises, outside the premise, fire exits  ...  view the full minutes text for item 483.

484.

Exclusion of the press and public pdf icon PDF 30 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 excluded the press and public from the meeting during the decision making process for the reasons set out in the report.