Agenda and minutes

Licensing Hearing Panel
Tuesday, 16 April 2019 9.30am

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

Contact: Jon Pitt, Democratic Services Officer 

Items
No. Item

981.

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 Chairman for this meeting. 

982.

Apologies for absence

Minutes:

There were none. 

983.

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. 

984.

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. 

985.

Declarations of Disclosable Pecuniary Interests and Other Significant Interests pdf icon PDF 211 KB

Members are invited to disclose any Disclosable Pecuniary Interests or Other Significant Interests in accordance with the Member Code of Conduct.  Guidance on this is set out in agenda item 5.

 

Minutes:

Disclosable pecuniary interests

 

There were none.

 

Other significant interests (OSIs)

 

There were none.

 

Other interests

 

There were none.

986.

Application for a Review of a Premises Licence, Spartan Bar, Rear of 75 High Street, Strood, Kent, ME2 4AH pdf icon PDF 3 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 Spartan Bar, Rear of 75 High Street, Strood, Kent, ME2 4AH. 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 Licensing Hearing Panel determined that the hearing would take place in the absence of the Licence Holder.

 

The Licensing Officer said that, in accordance with Section 51 of the Licensing Act 2003, the Council had received an application from Kent Police, as a responsible authority, for a review of the existing premises licence in respect of Spartans Bar, Rear of 75 High Street, Strood, Kent ME2 2UH. All responsible authorities had been consulted in line with the Licensing Act 2003.

 

The licensee had surrendered the licence for the premises on 25 March 2019.

 

The grounds for the review related to three of the four licensing objectives:

 

·         The prevention of crime and disorder

·         Public safety

·         The protection of children from harm

 

The application had been correctly advertised for the required timescale by placing notices at the premises, Council contact points and on the Council’s website, in accordance with regulations made under the Licensing Act 2003. Also in accordance with the legislation, notice of the application (and the application itself) was served on the relevant parties for the licensed premises along with the other responsible authorities.

 

A representation supporting the review had been received from Kent Fire & Rescue Service. No further representations supporting the review had been received from members of the public or other responsible authorities.

 

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

 

Appendix A – Pages 11 to 16: Copy of current premises licence

Appendix B – Page 17: Plan showing the location of the premises

Appendix C – Page 19 to 24: Copy of the Review Application

Appendix D – Pages 25 to 26: Copy of representation

Appendix E – Pages 27 to 28: Copy of letter surrendering licence

 

The Licensing Hearing Panel resolved that the press and public be excluded from the meeting during consideration of the exempt material relating to the application for review of the Premises Licence of Spartans Bar (agenda item 6), because consideration of these matters in public would disclose information falling within one or more categories of exempt information contained in Schedule 12A of the Local Government Act 1972, as specified in agenda item 7 and, in all the circumstances of the case, the Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. 

 

The Chairman invited the representatives from Kent Police to present the application for a licence review. PC Hunt said that there had been multiple incidents relating to the premises, with at least three of the unique licensing conditions relating to the premises having been routinely breached.

 

The application showed the efforts of both Police Licensing Officers and Licensing Authority Officers to try and address these issues using a stepped approach to support both the Designated Premises Supervisor and the Premises Licence Holder. These had been unsuccessful and had resulted in these officers being subjected to verbal abuse and aggressive behaviour. It was also considered that the Designated Premises Supervisor was completely unsuitable  ...  view the full minutes text for item 986.

987.

Exclusion of the press and public pdf icon PDF 127 KB

It is recommended that the Panel exclude the press and public during consideration of the review application document and also during the Panel’s deliberations from the meeting during the decision-making process for the reasons set out in the report. 

Additional documents:

Minutes:

Decision:

 

The press and public were excluded from the meeting during the Panel’s deliberations and decision making in respect of agenda item 6, and consideration of the exempt appendices in respect of agenda item 6, because consideration of this matter in public would disclosure information falling within paragraph 5 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.