Agenda and minutes
PDF 278 KBVenue: Meeting Room 2 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR
Contact: Stephen Platt, Democratic Services Officer
| No. | Item |
|---|---|
|
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 the meeting. |
|
|
To receive apologies for absence Minutes: There were none. |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
Rising Sun, 6 Delce Road, Rochester, Kent, ME1 2BU To review the premises licence following an application for summary review by Kent Police and the determination of interim steps by the Licensing Hearing Panel. Minutes: Discussion:
The Principal Licensing and Enforcement Officer informed the Panel that, on 23 November 2016, in accordance with the Licensing Act 2003, the Council had received an application for an expedited review in connection with the Rising Sun, 6 Delce Road, Rochester, ME1 2BU, as the premises had been associated with serious crime and disorder.
She explained that the Licensing Act 2003 required expedited premises licence review applications to be considered within 48 hours, pending a full review hearing within 28 days of the date that the application was served. She stated that, at a hearing held on 25 November 2016 to consider what interim steps were required, the Licensing Hearing Panel had determined that the licence be suspended pending a full review hearing.
PC Hill presented the application for a review and responded to questions from Mr Dadds and Panel members. Mr Dadds then presented his submission and was questioned by PC Hill and Panel members. Both parties were then asked to sum up.
All parties left the room during the Panel’s deliberations and returned before the Chairman announced the Panel’s decision.
Decision:
The Panel has considered all the evidence presented and agreed that the incident that occurred at the premises was clearly a serious incident. It could however be considered to be isolated and that a new fully trained Designated Premises Supervisor is likely to reduce the possibility of future incidents. To maximise the effectiveness of these arrangements, the Panel:
a) Agreed to a number of the proposed modifications to the Premises Licence proposed by Kent Police, as follows:
1. Removal of Mr Brian Lewis as the Designated Premises Supervisor.
2. Reduction in the licensable hours of the premises to 10:00 – 00:00 hours on all days.
3. The implementation of following conditions in addition to those already detailed on the premises licence:
a. The premises shall have a written drugs policy, this will detail the strategies to minimise the use and supply of illegal drugs within the premises. The drugs policy shall include a structured training policy for all staff covering the issues of misuse of drugs in relation to licensed premises. Records must be kept to show members of staff who have taken the training.
b. Access to the rear garden area of the premises shall be limited to access doors from within the public house. The ‘side gates’ shall remain closed and locked.
c. A personal licence holder shall be present and working at the licensed premises whilst the sale or supply of alcohol is being undertaken on Fridays and Saturdays from 20:00 hours until the time of close.
b) Recommended that the new Designated Premises Supervisor join the Safer Medway Partnership.
c) Concluded that the Panel’s reasons for imposing a reduction in licensable hours to 00:00 hours was to assist the new Designated Premises Supervisor to promote the Licensing Objectives.
Following the announcement of the decision, Mr Dadds made an application to the Panel that the interim suspension made on 25 November 2016 be ... view the full minutes text for item 565. |
|
|
Exclusion of the press and public It is recommended that the panel exclude the press and public from the meeting during consideration of the documents attached to the report and/or the decision making process on the grounds that it is likely that, if members of the public and press were present, there would be disclosure of exempt information in accordance with Paragraphs 1, 5 and 7 of Part 1 of Schedule 12A to the Local Government Act 1972. Additional documents:
Minutes: The press and public were excluded from the meeting during consideration of Exempt Appendices A, B, C and F and the decision making process because consideration of these documents in public would disclose information falling within paragraphs 1, 5 and 7 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 7 (Exclusion of the Press and Public) 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. |