Agenda item

In accordance with the Licensing Act 2003, the Council has received an application for a new Premises Licence in respect of Avenue Tennis Ltd, Featherby Road, Gillingham. The matter has been referred to the Licensing Hearing Panel because representations have been received from members of the public. 

Discussion:

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

The Principal Licensing and Enforcement Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application for a new premises licence for the provision of regulated entertainment; provision of late night refreshment and the supply of alcohol on and off the premises in respect of Avenue Tennis Ltd, Featherby Road, Gillingham, ME8 6AN.  The application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.

The following documents were attached to the agenda report for the Panel’s consideration:

• Appendix A - pages 55 to 82 - a copy of the original application submitted.
• Appendix B – pages 83 and 84 – amendment to the applied for hours.
• Appendix C – page 85 - location plan showing the approximate location of the application.
• Appendix D – pages 87 to 110 - copies of representations received from members of the public.
• Further revisions to the application, circulated at the hearing, as follows:

In accordance with section 9.14 of the Amended Guidance to the Licensing Act 2003, the Principal Licensing and Enforcement Officer confirmed that she had been in discussion with colleagues in Planning Services and there was a relevant planning consent in respect of this property in relation to restrictions on hours – MC15/1751 dated 29 July 2015.  Condition 6 – Operation between the hours of 07:00 to 23:00 Monday to Thursday; 07:00 to 00:30 Friday and Saturday; and 08:00 to 22:30 Sundays and Public Holidays.

There was also an as yet undetermined application to vary the hours to allow opening at 06:00 Monday to Thursday and 07:00 Friday and Saturday. 

The Chairman invited the applicant to present his application for a premises licence.  He explained that the venue was an ideal site for a tennis centre promoting sporting activity whilst providing other facilities for family use. He had made the application for a premises licence following advice received from Kent Police and residents were concerned that it would be used as a wide ranging entertainment centre with licensable activities such as live music regularly taking place outside. He assured the Panel and residents that this was not the case. He had met with residents on 4 February 2017 and had subsequently amended the application further to remove the request for regulated entertainment outdoors and to reduce the times for the sale of alcohol. It was envisaged that this would normally cease at 23:00 unless there was a special event. The function room would be for occasional corporate and club events but would not be hired out for weddings or birthday parties.   

The applicant said that he had already employed 22 staff including tennis coaches and would be employing more non-sporting staff.

In response to questions from the objectors to the application, the applicant further explained his reasoning for applying for regulated entertainment.  The Legal Adviser to the Panel provided clarity on the legal definition of regulated entertainment which included all the activities listed on the application form. Addressing concerns about noise breakout, the applicant stated that the function room had been relocated to the first floor and had been fully insulated. With regard to the outside speakers which would be installed in the outside area to provide background music, he did not envisage that this would be audible 20 metres away.  In responding to a question about special events, the applicant stated that nothing was currently planned and it was envisaged that there would only be one or two such events a year. In response to concerns expressed about the provision of parking, the Legal Adviser to the Panel advised that this was a planning rather than a licensing matter.

When questioned by members of the Panel, the applicant said that he would not object to holding further meetings with residents if they had concerns and that the Centre Manager would always be available to speak to residents. He confirmed that the function room windows had been double and triple glazed and would not be opened as the room was air conditioned. 

Next, residents who had submitted representations against the application outlined their objections. Whilst a tennis club was welcomed, residents’ concerns had centred on the provision of regulated entertainment and the supply of alcohol originally proposed as this seemed to contradict the planning consent. It was noted that the application had been amended to address these concerns. Residents had suffered noise pollution from the previous venue on the site which had caused their houses to vibrate and prevented them from using their gardens and they did not wish these issues to be repeated. Residents were also concerned that events at the premises would be open to the public.

There being no questions from the applicant or Panel members, the Chairman invited both parties to sum up. The applicant said that he had sought to alleviate residents’ concerns and would continue to work with them if the application was successful. A resident expressed concern that the applicant would not be able to fulfil the four licensing objectives due to noise and light pollution.    

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

Decision:

The Panel, having considered the evidence presented by the applicant and residents who had made representations against the application, granted a premises licence for Avenue Tennis Limited, Featherby Road, Gillingham, Kent, ME8 6AN as applied for and subsequently amended with one further amendment to the operating schedule to cease the supply of alcohol on Friday and Saturday at 00:00 hours to provide a period of 30 minutes for drinks to be consumed before the premises closed.  The permitted hours are as follows:

Provision of regulated entertainment – plays, films, indoor sporting events, boxing or wrestling entertainment, live music, recorded music, performance of dance and anything of a similar description (Quiz, Bingo, Karaoke, After Dinner Speakers, Lectures, Comedy and Magicians (indoors only)

Monday to Thursday                                   06:00 – 23:00

Friday & Saturday                                        07:00 – 00:30

Sunday & Bank holidays                           08:00 – 22:30

Supply of alcohol (both on and off the premises)

Monday to Thursday                                   11:00 – 23:00

Friday & Saturday                                        11:00 – 00:00

Sunday & Bank holidays                           11:00 – 22:30

Provision of late night refreshment (indoors)

Friday & Saturday                                        23:00 – 00:30

Hours premises are open to the public

Monday to Thursday                                   06:00 – 23:30

Friday & Saturday                                        07:00 – 00:30

Sunday & Bank holidays                           08:00 – 23:30