Agenda and minutes

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

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

670.

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 Carr was elected as Chairman for this meeting. 

671.

To receive apologies for absence

Minutes:

There were none. 

672.

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 sign the record of this meeting outside the meeting.  

673.

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. 

674.

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.

675.

Application for a new premises licence, Wards News, 53 High Street, Gillingham, ME7 1BQ pdf icon PDF 5 MB

In accordance with the Licensing Act 2003, the Council has received an application for a new premises licence in respect of Wards News, 53 High Street, Gillingham. The matter has been referred to the Licensing Hearing Panel because a representation has been received from a member of the public.

Minutes:

Discussion:

 

The Chairman asked those present to introduce themselves and explained the process that the hearing would follow as outlined in the agenda.

 

The Licensing and Local Land Charges Manager stated that, in accordance with the Licensing Act 2003, the Council had received an application for a new premises licence for the supply of alcohol off the premises in respect of Wards News, 53 High Street, Gillingham.  The application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.

 

The following documents were attached to the agenda report for the Panel’s consideration:

 

  • Appendix A - pages 9 to 28 - a copy of the original application submitted and details of the DPS.
  • Appendix B – pages 29 to 31 agreed amendments to the operating schedule.
  • Appendix C – page 33 - location plan showing the approximate location of the application.
  • Appendix D – pages 35 to 38 copy of a representation received from a member of the public, who had confirmed that he would not be attending the hearing.

 

In accordance with section 9.14 of the Amended Guidance to the Licensing Act 2003, the Licensing and Local Land Charges Manager confirmed that she had been in discussion with colleagues in Planning Services and there were no relevant planning consents in respect of this property in relation to restrictions on hours.

 

The application sought a licence for the supply of alcohol off the premises during the hours that the premises were open to the public, which were Monday to Saturday from 7:00am until 6:00pm.

 

In response to the application, Kent Police had proposed that the following conditions be placed on the licence. These had been agreed by the applicant prior to the hearing.

 

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 and all areas where the sale and supply of alcohol occurs.

     Equipment must be maintained in good working order, be correctly time and date stamped, recordings MUST be kept on the hard drive and kept for a period of 31 days and handed to Police on demand.  

     The premises licence holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to the Police and Local Authority on demand. 

     The recording equipment and hard drive shall be kept in a secure environment under the control of the DPS or other responsible named individual. 

     In the event of technical failure of the CCTV equipment the premises licence holder or DPS must report the failure to the Police Licensing Officer immediately at licensing.north.division@kent.pnn.police.uk

 

 2.  The License Holder will maintain auditable refusal/incident records. These records will detail the following:

 

a)   Day, Date and Time of Refusal/Incident.

b)   Nature of Refusal/Incident and reason.

c)  ...  view the full minutes text for item 675.

676.

Exclusion of the press and public pdf icon PDF 27 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:

Decision:

 

The press and public were excluded from the meeting during the decision making process because consideration of this matter in public would disclose information falling within Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 as specified in agenda item 6, and, in all the circumstances of the case, the Panel considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.