Agenda and draft minutes

Licensing Hearing Panel
Tuesday, 26 November 2019 11.00am

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

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

442.

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 Fearn was elected Chairman for this meeting.

443.

Apologies for absence

Minutes:

There were none.

444.

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. 

445.

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. 

446.

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.

447.

Application for a new Premises Licence, News Plus, 3 Shirley Avenue, Chatham, Kent, ME5 9UP pdf icon PDF 4 MB

The applicant has applied for a new Premises Licence in respect of News Plus, 3 Shirley Avenue, Chatham, Kent, ME5 9UP. All responsible authorities have been consulted in line with the Licensing Act 2003.

 

Representations from a business against the application, and a Petition in support of the application, have been received. No agreements have been reached.

Minutes:

Discussion:

 

The Chairman asked those present to introduce themselves and explained the process that the hearing would follow.

 

The Licensing Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application for a new premises licence in respect of News Plus, 3 Shirley Avenue, Chatham, Kent, ME5 9UP. She confirmed that the application had been correctly advertised in the local press and notices displayed at the premises for the required period.

 

The application was for the supply of alcohol off the premises between 0700 hours and 2100 hours, Monday to Sunday. In accordance with section 9.14 of the Amended Guidance to the Licensing Act, the Licensing Officer had been in discussion with Planning Services and confirmed that the premises had no planning history so class or hours could not be confirmed.

 

Representations had been received from a local business and Kent Police. Following discussions between the applicant and Kent Police, a number of proposed conditions to be attached to the operating schedule had been agreed and Kent Police had therefore withdrawn their representation. These conditions were circulated to members of the Panel and were as follows:

 

  1. CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. 

 

  • Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale and supply of alcohol occurs.

 

  • 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  31 days and handed to Police upon reasonable request. 

 

  • The premises licence holder must ensure at all times a DPS or 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.

 

  • In the event of technical failure of the CCTV equipment the premises licence holder or DPS must report the failure to the Police Licensing Officer within 24 hours unless the CCTV will be repaired before that time.

 

  1. All persons that sell or supply alcohol to customers must have licensing training. 

 

  • Training should take place within six weeks of employment and any new employees will be supervised until the training has taken place. 

 

  • Refresher training should be repeated a minimum of every six months or earlier if required due to changes of legislation.

 

  • Training records must be kept on the premises and shall contain the nature, content and frequency of all training.

 

  • Records must be made available for inspection by Police, Police Licensing Officer and authorised officers from the Local Authority upon request either electronically or hard copy.

 

  1. No beer, lager or cider above 6.5% ABV will be sold.

 

  1. No single can sales of beer, lager or cider will be made only 4/6 pack sales.

 

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

 

      Appendix A – The application for a  ...  view the full minutes text for item 447.

448.

Exclusion of the press and public pdf icon PDF 147 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 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.