Agenda and minutes

Licensing Hearing Panel - Tuesday, 31 October 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

453.

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.

454.

Apologies for absence

Minutes:

There were none. 

455.

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.

456.

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.

457.

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.

458.

Application for a new premises licence, B&M store (formerly Staples), 22 Medway Road, Chatham, ME4 4HA pdf icon PDF 6 MB

In accordance with the Licensing Act 2003, the Council has received an application for a new Premises Licence in respect of B&M Store, 22 Medway Road Chatham ME4 4HA.The matter has been put to the Licensing Hearing Panel because the Council has received representations from the Director of Public Health, a member of the public and a Councillor from the neighbouring ward.  To date no agreements has been reached.

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 B&M Store (previously Staples) at 22 Medway Street Chatham.  She confirmed that the application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.

 

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

 

      Appendix A - pages 9 to 27 - a copy of the application submitted.

      Appendix B - pages 29 & 30 - a copy of the application submitted.

      Appendix C - page 31 - location plan showing the approximate location of the application.

      Appendix D – pages 33 to 57 copies of representation received from the Director of Public Health, a member of the public and a Councillor from a neighbouring ward.

 

The Licensing and Local Land Charges Manager advised the Panel that, in accordance with section 9.14 of the Amended Guidance to the Licensing Act, she had been in discussions with colleagues within the Council’s Planning Services and could confirm that the premises had no conditions restricting hours and the use class of the building was A1 (shops).

 

The application sought a licence for the supply of alcohol off the premises Monday to Sunday from 08:00 to 22:00 hours.

 

The Chairman invited the applicant to present the application for a premises licence.  Mr McCann stated that B&M was a rapidly expanding variety retailer employing 25,000 people in 500 stores. He referred to section M of the application which set out the steps that would be taken to promote the four licensing objectives. Following discussions with Kent Police, a number of conditions had been agreed, 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 31 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  ...  view the full minutes text for item 458.