Agenda and minutes

Licensing Hearing Panel - Tuesday, 28 November 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

511.

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 Diane Chambers was elected as Chairman for this meeting.

512.

Apologies for absence

Minutes:

There were none. 

513.

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.

514.

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. 

515.

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. 

516.

Application for Review of a Premises Licence - Chatham Grill, 12 Batchelor Street, Chatham, Kent, ME4 4BJ pdf icon PDF 1 MB

In accordance with Section 51 of the Licensing Act 2003, the Council has received an application from Kent Police, as a responsible authority, for a review of the existing premises licence in respect of Chatham Grill, 12 Batchelor Street, Chatham, Kent ME4 4BJ.

 

All responsible authorities have been consulted in line with the Licensing Act 2003. A representation supporting the review has been received from the Kent Fire and Rescue Service.  No further representations supporting the review have been received from members of the public or other responsible authorities.

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 an application to review the premises licence in respect of Chatham Grill, 12 Batchelor Street, Chatham, Kent, ME4 4BJ had been received from Kent Police as a responsible authority.

 

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

 

           Appendix A - pages 9 and 10 - A copy of the current premises licence.

           Appendix B – page 11– Plan showing the location of the premises.

          Appendix C - page 13 to 18 – Redacted copy of the review application from Kent Police.

          Appendix D – pages 19 to 24 – A copy of the supporting representation received from Kent Fire and Rescue Service.

              Exempt Appendix – pages 27 to 33 – A copy of the full version of review application from Kent Police.

 

The Principal Licensing and Enforcement Officer directed the Panel’s attention to the steps that it may consider necessary, as set out in the agenda, to promote the licensing objectives of the Licensing Act 2003, having regard to the review application and the relevant representations received.

 

The Chairman invited the representatives from Kent Police to present the application for a licence review.  With reference to CCTV footage from the premises, the representatives outlined the sequence of events that had occurred at Chatham Grill during the violent disturbance at 21.45 hours on Sunday 17 September 2017.

 

It was explained that, as a result of this incident, Kent Police were of the view that the venue was failing to promote the licensing objectives of public safety and the prevention of crime and disorder. For this reason, Kent Police were seeking the revocation of the premises licence.  However, should this not be considered by the Panel as the most appropriate option for upholding the licensing objectives, Kent Police sought that the following additional conditions be added to the premises licence:

 

1.    When the premises is open between 21:00 hrs and closing on Friday, Saturday and Sunday  a minimum of 1 door supervisor(s) must be present at the customer entrance/exit of the premises.

 

2.    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 an 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 PLH or other responsible named individual.

     In the event of technical failure of  ...  view the full minutes text for item 516.

517.

Exclusion of the press and public pdf icon PDF 86 KB

It is recommended that the Panel exclude the press and public from the meeting during consideration of the exempt appendix and also during the decision-making process for the reasons set out in the report. 

Additional documents:

Minutes:

The press and public were excluded from the meeting during consideration of agenda item 6 (Application for Review of Premises Licence - Chatham Grill, 12 Batchelor Street, Chatham, Kent, ME4 4BJ) 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 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.