Agenda and draft minutes

Licensing Hearing Panel - Tuesday, 22 December 2020 10.00am

Venue: Virtual Meeting

Contact: Stephen Platt, Democratic Services Officer 

Media

Items
No. Item

570.

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.

571.

Apologies for absence

Minutes:

An apology for absence was received from Councillor Carr.

572.

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. 

573.

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. 

574.

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.

575.

Application for a New Premises Licence, Gallegos, 68 Avery Way, Allhallows, Rochester, Kent, ME3 9PZ pdf icon PDF 165 KB

The applicant has applied for a new premises licence in respect of Gallegos, 68 Avery Way, Allhallows, Rochester, Kent, ME3 9PZ. All responsible authorities have been consulted in line with the Licensing Act 2003. Representations have been received from members of the public. Agreement has been reached between the applicant and the Police. 

Additional documents:

Minutes:

Discussion:

 

The Chairman advised that the process the hearing would follow was set out on page 3 of the agenda pack.

 

The Licensing Officer stated that an application for a new premises licence in respect of Gallegos, 68 Avery Way, Allhallows, Rochester, Kent, ME3 9PZ had been received, to include:

 

Late Night Refreshment and Sale of Alcohol

 

Monday to Sunday 10:00 to 00:00 Midnight

 

Agreement has been reached with the Police by adding conditions to the operating schedule as set out at Appendix D to the report.

 

The application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.

 

The Licensing Officer confirmed that, in accordance with section 9.14 of the Amended Guidance to the Licensing Act, discussions with Planning Services had confirmed that the class of use was A5 hot food takeaway and the hours were Sunday to Friday 10:00 to 22:00 and Saturday 10:00 to 22:30.

 

The matter had been put to the Licensing Hearing Panel as the Council had received relevant representations from members of the public relating to prevention of crime and disorder, the prevention of public nuisance and protecting children from harm.  Agreement had been reached between the applicant and the Police.

 

The following documents were included in the agenda pack:

 

Appendix A pages 11 – 27 – Application for new premises licence

Appendix B page 29 - Location plan

Appendix C pages 31 – 32 – Copies of representations received

Appendix D pages 33 – 34 – Agreement with Kent Police

 

The Chairman invited the applicant to present the application for a new premises licence. Mr Natesa said that the application was for class of use A5 for supply of alcohol Monday to Sunday 10:00 to 00:00 (midnight) and for provision of late-night refreshment Monday to Sunday 10:00 to 00:00 (midnight) Monday to Sunday.

 

Two objections had been received from local residents. One of these was on the grounds that the premises were located in a residential area and would therefore affect local residents and that there been anti-social behaviour in the area. Mr Natesa said that the premises had been an off licence in the past and that in order for his business to be sustainable he needed to acquire the licences applied for.

 

The other objection was on the grounds that Allhallows is a small village that had experienced anti-social behaviour. The objection suggested that granting the licence could increase anti-social behaviour and crime and disorder in the area, as well as impacting quality of life and not ensuring the protection of children from harm. Mr Natesa said that the premises were currently closed and that youths were hanging around in the area. The CCTV that would be installed, subject to his application being approved, would help to address this as would lighting, which would be installed at entrances and exits to the premises. Mr Natesa also said that the parties associated with the application were respectable parents who would want to ensure that  ...  view the full minutes text for item 575.

576.

Application for Summary Review of the Premises Licence, The Hop and Rye, 4 Wainscott Road, Wainscott, Kent, ME2 4LB pdf icon PDF 8 KB

An application has been received from Superintendent Hine, on behalf of the Chief Officer of Kent Police, for an Expedited Review of the premises licence at The Hop and Rye, 4 Wainscott Road, Wainscott, Kent, ME2 4LB, as the premises has been associated with serious crime.

 

Interim steps were agreed at a hearing held on 4 December 2020 where it was determined that the premises licence for The Hop and Rye be suspended, pending the full review hearing.

Additional documents:

Minutes:

Discussion:

 

The Licensing Manager outlined the matter before the Panel. She stated that, in accordance with the Licensing Act 2003, the Council had received an application for an expedited (summary) review from Kent Police in relation to the premises licence for the Hop and Rye, 4 Wainscott Road, Wainscott, Kent ME2 4LB, as the premises had been associated with serious crime and disorder. She explained that the Licensing Act 2003 required 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. At a hearing held on 4 December 2020, the Licensing Hearing Panel had determined that the premises licence be suspended, pending a full review hearing within 28 days which was now the matter before the Panel.

 

The Licensing Manager explained that the steps the Panel may take were:

 

• The modification of the conditions of the premises licence;

• The exclusion of licensable activities from the scope of the licence;

• The removal of the designated premises supervisor from the licence;

• The suspension of the licence;

• The revocation the licence.

 

The following documents were included in the agenda packs: -

 

Main agenda:

 

Appendix A - pages 41 to 42, the certificate from Kent Police.

Appendix B - pages 43 to 47, the application for summary review.

Appendix C - pages 49 to 54, decision of the Licensing Hearing Panel held on 4   December 2020 to agree interim steps.

Appendix D - pages 55 to 60, the Premises Licence for the Hop and Rye.

Appendix E - pages 61 to 105, representations in support of the premises.

 

Supplementary Agenda No. 1:

 

Appendix E - pages 3 to 13, further representations in support of the premises.

Appendix F - pages 15 to 18, the representation from the Director of Public Health in support of the application to review the premises licence.

Appendix G - page 19, a response from Mr Greenfield to Appendix F.

Appendix H - pages 21 to 34, the application for a review of the premises licence from Kent Police.

 

Supplementary Agenda No. 2:

 

Appendix I - pages 3 to 5, further representations in support of the premises.

 

Supplementary Agenda No. 3:

 

Appendix J - pages 3 to 11, further representations in support of the premises.

 

In introducing the application from Kent Police for a review of the premises licence, PC Hunt explained that it had been made in response to the failure of the premises to adhere to the emergency measures introduced to control the Covid-19 pandemic. He asked the Panel to consider the application in the context of the unprecedented steps taken by the Government to protect its citizens. He outlined the chronology of these steps, from the first national lockdown on 23 March 2020 to the introduction of the Tier system which had seen Medway enter Tier 4 on 20 December having experienced one of the highest infection rates in the country.

 

PC Hunt  ...  view the full minutes text for item 576.

577.

Exclusion of the press and public pdf icon PDF 138 KB

It is recommended that the Panel exclude the press and public during part of the meeting if required and also during the decision-making process.

 

Minutes:

Decision:

 

The press and public were excluded from the meeting during the Panel’s deliberations and decision making in respect of agenda items 6 and 7 and during the viewing of CCTV footage in respect of item 7, because consideration of these matters in public would disclosure information falling within paragraphs 1, 5 and 7 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.