Agenda and minutes

Licensing Hearing Panel - Tuesday, 27 June 2017 9.30am

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

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

84.

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 Chambers was elected Chairman for this meeting. 

85.

Apologies for absence

Minutes:

There were none. 

86.

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.

87.

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. 

88.

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. 

89.

Exclusion of the press and public pdf icon PDF 85 KB

It is recommended that the Panel exclude the press and public from the meeting during consideration of the following item on the grounds that it is likely that, if members of the public and press were present during consideration of the item, 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. 

Minutes:

The press and public were excluded from the meeting during consideration of agenda item 7 (The White Horse, 95 High Street, Rainham) on the grounds that it was likely that, if members of the public and press were present during consideration of the item, 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 as specified in agenda item 6 (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.

90.

Application for Summary Review of a premises licence, White Horse, 95 High Street, Rainham, Kent, ME8 8AA

Consideration and determination of an application to review the premises licence.

Minutes:

Discussion:

 

The Principal Licensing and Enforcement Officer informed the Panel that, in accordance with the Licensing Act 2003 the Council had received an application for an Expedited Review from Kent Police, in relation to the premises licence at the White Horse, 95 High Street, Rainham, Kent ME8 8AA, as the premises had been associated with serious crime and disorder. She explained that the relevant provisions within the Licensing Act 2003 allowed a quick process for attaching interim conditions to a licence and a fast track licence review when the police consider that the premises concerned was associated with serious crime or serious disorder, or both. The Act required expedited premises licence review applications to be considered within 48 hours to consider what interim steps should be taken, pending a full hearing of the issues within 28 days of the date that the application was served. The Panel noted that, in this case, a hearing had been held on 7 June 2017 when the Licensing Hearing Panel determined that no interim measures were necessary pending the full review hearing as the premises had voluntarily closed. 

 

The Principal Licensing and Enforcement Officer advised that, following receipt of an application to transfer the Premises Licence, the new licensee and the Police had agreed on a number of additional conditions to be placed on the license.

 

These were as follows:

 

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

 

·           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 30 days and handed to Police upon reasonable request. 

·           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 upon reasonable request. 

·           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 within 24 hours unless the CCTV will be repaired before that time (licensing.north.division@kent.pnn.police.uk)

 

2.  All persons that sell or supply alcohol to customers must have licensing training. 

 

Training should take place within six weeks of employment and any new employees will be supervised until the training has taken place.  Training must include:-

 

·             Avoiding sales of alcohol or age restricted products to those under the age of 18.

·             Recognising customers who appear drunk and refusing sale or supply of alcohol.

·             Knows the licensing objectives and have read and understood licence conditions.

·             Can produce licences/certificates/permits relevant to the premises in the absence of licence holder/DPS.

·             Refresher training should be repeated a minimum of every twelve months or earlier if required due to changes of legislation.

·             Training  ...  view the full minutes text for item 90.