Agenda and draft minutes

Licensing Hearing Panel - Tuesday, 10 December 2024 9.30am

Venue: Meeting Room 1 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions

Contact: Nicola Couchman & Julie Francis-Beard, Democratic Services Officers 

Media

Items
No. Item

510.

Election of the Chairperson

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

Minutes:

Councillor Browne was elected Chairperson for this meeting.

511.

Apologies for absence

Minutes:

There were none.

512.

Record of the meeting

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

Minutes:

It was agreed that the Chairperson, after consultation with the other members of the Panel, would sign the record of this meeting outside of the meeting. 

513.

Urgent matters by reason of special circumstances

The Chairperson 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. 

514.

Declarations of Disclosable Pecuniary Interests and Other Significant Interests pdf icon PDF 371 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.

515.

Licensing Act 2003 Application for a new Premises Licence at Tobis Foods Ltd, 23 Railway Street, Chatham, Kent ME4 4HU pdf icon PDF 121 KB

To consider a new Premises Licence application for 23 Railway Street, Chatham following the submission of representations, received during the consultation period.

Additional documents:

Minutes:

Discussion:

 

The Licensing Officer informed the Committee that Tobis Foods had withdrawn their application verbally on 9December 2024 and therefore the Committee did not need to determine the application.

 

 

516.

Licensing Act 2003 Application for Review of a Premises Licence, The Woodland Tavern, 99 Canterbury Street, Gillingham, Kent ME7 5TS pdf icon PDF 66 KB

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 license in respect of The Woodland Tavern, 99 Canterbury Street, Gillingham, Kent ME7 5TS.

Additional documents:

Minutes:

Discussion:

 

The Licensing Officer informed the Committee that they had received an application from Kent Police for a review of the premises licence for The Woodland Tavern, 99 Canterbury Street, Gillingham, Kent ME7 5TS.  The application related to the licensing objectives of preventing crime and disorder and public safety. The Licensing Officer explained to the Committee that a representation had also been received from the Freeholder of the premises and could be found at Appendix D to the report.

 

The Chairperson invited Kent Police as the applicant for review to speak in support of their application.  PC Andre Smuts informed the Committee that Kent Police became concerned regarding the management of the premises due to an incident of crime and disorder on 8 March 2024 which was not bought to the attention of Kent Police. The Committee was informed that Kent Police were concerned with the lack of CCTV available following the incident and advised Mr Gaul as Designated Premises Supervisor (DPS) to manage who worked at the premises following the incident.

 

Kent Police suggested that Mr Gaul consider adding some voluntary conditions to his Premises Licence regarding staff training and CCTV however Mr Gaul did not respond to attempts to contact him.

 

The Committee was informed that on 31 August 2024 a further incident of crime and disorder was reported to Kent Police and following this the premises did not report the incident and did not provide CCTV when requested to do so as the CCTV had only been saved for 8 days.

 

PC Andre Smuts explained that despite attempts to contact the premises licence holder, they did not receive a response and therefore requested the review so that the Committee could be asked to impose conditions regarding staff training, CCTV and the removal of the DPS.

 

Kent Police informed the Committee that Mr Gaul had now made contact with them and explained his reasons for not making contact earlier. Mr Gaul had now committed to adopting the conditions recommended by Kent Police and changing the DPS to the premises manager once they had received their personal licence.

 

The premises licence holder and Committee did not have any questions for the applicant for the review.

 

The premises licence holder informed the Committee that he was implementing a new training package, and this would apply to all staff.

 

The applicant for the review and Committee did not have any questions for the premises licence holder.

 

All parties were offered the opportunity to sum up but did not have anything further to add.

 

With the exception of the Legal Representative and the Democratic Services Officer, all present left the room during the Panel’s deliberations, returning to hear the Panel’s decision.

 

Decision:

 

The Committee listened carefully to the written and oral submissions from all parties in relation to the Premises licence review of The Woodland Tavern, 99 Canterbury Street, Gillingham, ME7 5TS.

 

The Committee considered the representations and evidence presented by Kent Police that raised serious concerns about the current Premises Licence  ...  view the full minutes text for item 516.

517.

Exclusion of the press and public pdf icon PDF 108 KB

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. 

Minutes:

Decision:

 

The press and public were excluded from the meeting during the Panel’s deliberations and decision making in respect of agenda item 7 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 8 (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.