Agenda and minutes

The Panel is requested to elect a Chairman for the hearing in line with rules agreed by the Licensing and Safety Committee. 

Councillor Fearn was elected Chairman for this meeting.

There were none.

To agree that the Chairman, after consultation with the other members of the Panel, sign the record of this meeting outside the meeting. 

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. 

There were none. 

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.

Disclosable pecuniary interests

There were none.

Other significant interests (OSIs)

There were none.

Other interests

There were none.

The applicant has applied for a new Premises Licence in respect of Royal Supermarket, 56 Balmoral Road, Gillingham, Kent, ME7 4PG. All responsible authorities have been consulted in line with the Licensing Act.

Representations have been received from the Police and Public Health. No agreement has been reached. 

Discussion:

The Chairman asked the Licensing Officer to outline the matter before the Panel. The Licensing Officer stated that an application for a new premises licence had been received in respect of Royal Supermarket, 56 Balmoral Road, Gillingham, Kent, ME7 4PG.

The application was for the supply of alcohol (off the premises) from Monday to Sunday 08:00 – 21:00. The application had been correctly advertised in the local press and notices displayed at the premises for the required period.

This matter had been put to the Licensing Hearing Panel because the Council had received representations from the Police and Public Health and no agreement had been reached.

The following documents were included in the agenda pack: -

• Appendix A - pages 11 to 35, The application.
• Appendix B – page 37, Location Plan
• Appendix C - pages 38 to 53, Representations

The Licensing Officer stated that the premises fell within a Cumulative Impact Policy (CIP) area and that, where there were relevant representations, there was a rebuttable presumption of refusal by the Authority in all but exceptional circumstances, unless the applicant could demonstrate the premises would not adversely affect the licensing objectives.

The Chairman invited the applicant’s representative to present the application for a premises licence. Lisa Weston said that Mr Sebastian acknowledged that his application was deficient and did not fulfil all of the basic requirements. He wanted to have the opportunity to correct this either by withdrawing his application and submitting a more detailed one which addressed the Cumulative Impact Policy or by outlining his suggestions for enhancing the current application at the hearing. After a short adjournment, the applicant decided to proceed with his current application and Ms Weston informed the Panel of Mr Sebastian’s proposals, as follows:

·       A reduction in licensable hours to 1400 hours to 2100 hours.

·       Keeping alcohol products locked in a concealed area so they were not on display.

·       Managing age and identity checks; Mr Sebastian would be on the premises at all times.

·       Employing a SIA registered doorperson during licensable hours.

·       Restricting alcohol sales so that purchases could only be with non-alcoholic items.

Ms Weston suggested that these measures would act as a deterrent to anyone who only wanted to buy cheaper alcoholic items. She added that Mr Sebastian had been a responsible licence holder in the past and he was willing to consider any additional conditions that the Panel wished in impose including granting a temporary licence and reviewing it after a period of time.

Ms Weston concluded by highlighting the length of time that Mr Sebastian had been at the premises and his awareness of the issues in the local area. For example, he had observed people purchasing alcohol elsewhere and bringing it to the area of his shop to consume.

PC Hunt, for Kent Police, questioned Mr Sebastian about his intention to always be at his shop and his reasoning for offering to employ door staff. Mr Sebastian responded that it was his job to be in his shop  ...  view the full minutes text for item 516.

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

Decision:

The press and public were excluded from the meeting during the Panel’s deliberations and decision making 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.