Agenda and minutes

Licensing Hearing Panel - Wednesday, 7 June 2017 9.30am

Venue: Meeting Room 8 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

23.

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 Godwin was elected Chairman for the meeting.

24.

Apologies for absence

Minutes:

There were none. 

25.

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. 

26.

Urgent matters by reason of special circumstances

This urgent meeting is being convened with the agreement of the Chairman of the Licensing and Safety Committee to review a premises licence following a request for an urgent review to be undertaken being received from Kent Police on 5 June 2017.

 

The reason of special circumstances for the urgent meeting being convened is that, in the opinion of Kent Police, the premises are associated with serious crime, serious disorder, or both and they have requested that interim steps to immediately address this matter are investigated.  As a result it is necessary to convene a meeting of the Licensing Hearing Panel as a matter of urgency to consider the matter.

Minutes:

The meeting was convened as a matter of urgency with the agreement of the Chairman of the Licensing and Safety Committee to review a premises licence following a request for an urgent review to be undertaken being received from Kent Police on 5 June 2017.

 

The reason of special circumstances for the urgent meeting being convened was that, in the opinion of Kent Police, the premises were associated with serious crime, serious disorder, or both and they had requested that interim steps to immediately address this matter were investigated.  As a result it was necessary to convene a meeting of the Licensing Hearing Panel as a matter of urgency to consider the matter.

27.

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.

28.

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.

29.

White Horse, 95 High Street, Rainham, Kent ME8 8AA

Consideration of interim steps following an application for summary

review of the premises licence. 

Minutes:

Discussion:

 

The Principal Licensing and Enforcement Officer informed the Panel that, on 5 June 2016, in accordance with the Licensing Act 2003, the Council had received an application from Kent Police for an expedited review in connection with 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 Licensing Act 2003 requires 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.

 

A representative of Kent Police presented the application for a summary licence review and responded to questions from the representatives of the premises and by Panel members. 

 

Next, the representatives of the premises stated their case and were questioned by the representatives of the Police and by Panel members. 

 

The representatives of the Police and of the premises, and the Principal Licensing and Enforcement Officer, left the room during the Panel’s deliberations and returned before the Chairman announced the Panel’s decision.

 

Decision:

 

The Panel considered the oral, written and visual evidence presented at the hearing and did not agree to a 28 day period of suspension of the premises licence.  The premises had been closed voluntarily and the absence of a DPS meant that the premises could not currently operate. Any proposed new DPS would require the approval of the licensing authority and the Police could object at that stage.  The Panel noted that there would be a full review of the premises licence within 28 days of the date that the Police had served the review application.