Agenda and minutes

Licensing Hearing Panel - Tuesday, 14 March 2017 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

807.

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. 

808.

Apologies for absence

Minutes:

There were none. 

809.

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. 

810.

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. 

811.

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.

812.

Application for a new premises licence, Pier 5 Bar and Kitchen, Pier 5, The Quays, Dock Head Road, Chatham, Kent, ME4 4ZJ 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 Pier 5 Bar and Kitchen, Pier 5, The Quays, Dock Head Road, Chatham. The matter has been referred to the Licensing Hearing Panel because a representation has been received from a member of the public.

Additional documents:

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 Principal Licensing and Enforcement Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application for a new premises licence for Pier 5 Bar and Kitchen, Pier 5, The Quays, Dock Head Road, Chatham, Kent ME4 4ZJ. The application was for recorded music indoors, the provision of late night refreshment indoors and the supply of alcohol on and off the premises. Following discussions held between Shepherd Neame and representatives of Marina Point West Residents’ Association, the applicant had amended the opening hours with the revised finish time being 00:15 rather than 00:30.  

 

All responsible authorities had been consulted in line with the Licensing Act 2003 and the application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.

 

The application had been referred to the Licensing Hearing Panel for consideration and determination because a relevant representation had been received from a member of the public relating to the prevention of public nuisance Licensing Objective and no agreement had been reached.  No further representations had been received from other members of the public or responsible authorities.

 

The following documents were included in the agenda report for the Panel’s consideration: -

 

Appendix A – Pages 9 to 22:  Copy of the application as submitted

Appendix B – Pages 23 to 24: Details of the amendments to the application operating schedule

Appendix C – Page 25: A copy of the floor plan

Appendix D – Page 27: A copy of a map showing the location of the premises

Appendix E – Page 29: A copy of representation

 

The applicant had subsequently submitted an evidence bundle which was provided to Panel members and the objector in a supplementary agenda.

 

The Chairman invited the applicant to present the application for a premises licence.  The applicant’s legal representative clarified that, although the proposed finish time had been reduced to 00:15, non standard timings from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day, still formed part of the application. The Panel was advised that the application was consistent with the Provisional Statement granted for the premises in 2008 and did not include live music. Members were referred to the steps that the applicant would take to promote the four Licensing Objectives, as set out in the application.

 

The applicant’s legal representative stated that the applicant had held discussions with the Council’s Environmental Health Officer and also with the Chair of the Residents’ Association, both of whom were satisfied with the application. She referred to a letter within the supplementary evidence bundle from the owners of the building in support of the application.

 

In response to questions from the objector’s representative and members of the Panel, the applicant’s legal representative confirmed that tables and chairs would be placed in the  ...  view the full minutes text for item 812.

813.

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:

The press and public were excluded from the meeting for the decision making process during item 6 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 7, and, in all the circumstances of the cases, the Panel considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.