Agenda item

In accordance with the Licensing Act 2003, the Council has received an application for a new premises licence in respect of Pier 5 Bar and Kitchen, Pier 5, The Quays, Dock Head Road, Chatham. The matter has been referred to the Licensing Hearing Panel because a representation has been received from a member 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 Pier 5 Bar and Kitchen, Pier 5, The Quays, Dock Head Road, Chatham, Kent ME4 4ZJ. The application was for recorded music indoors, the provision of late night refreshment indoors and the supply of alcohol on and off the premises. Following discussions held between Shepherd Neame and representatives of Marina Point West Residents’ Association, the applicant had amended the opening hours with the revised finish time being 00:15 rather than 00:30.  

All responsible authorities had been consulted in line with the Licensing Act 2003 and the application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.

The application had been referred to the Licensing Hearing Panel for consideration and determination because a relevant representation had been received from a member of the public relating to the prevention of public nuisance Licensing Objective and no agreement had been reached.  No further representations had been received from other members of the public or responsible authorities.

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

Appendix A – Pages 9 to 22:  Copy of the application as submitted

Appendix B – Pages 23 to 24: Details of the amendments to the application operating schedule

Appendix C – Page 25: A copy of the floor plan

Appendix D – Page 27: A copy of a map showing the location of the premises

Appendix E – Page 29: A copy of representation

The applicant had subsequently submitted an evidence bundle which was provided to Panel members and the objector in a supplementary agenda.

The Chairman invited the applicant to present the application for a premises licence.  The applicant’s legal representative clarified that, although the proposed finish time had been reduced to 00:15, non standard timings from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day, still formed part of the application. The Panel was advised that the application was consistent with the Provisional Statement granted for the premises in 2008 and did not include live music. Members were referred to the steps that the applicant would take to promote the four Licensing Objectives, as set out in the application.

The applicant’s legal representative stated that the applicant had held discussions with the Council’s Environmental Health Officer and also with the Chair of the Residents’ Association, both of whom were satisfied with the application. She referred to a letter within the supplementary evidence bundle from the owners of the building in support of the application.

In response to questions from the objector’s representative and members of the Panel, the applicant’s legal representative confirmed that tables and chairs would be placed in the outside area; that the meeting with the Chair of the Residents’ Association had included four other members of the association; and that Shepherd Neame would continue to engage with the local community. With regard to doors and windows at the premises, the Panel was advised that noise would be managed as effectively as possible during operating hours. 

The objector’s representative read statements from the objector and his girlfriend highlighting noise issues currently experienced from other premises in the area. The Panel was advised that intrusive noise could currently be heard in the objector’s apartment above the sound of his television and this situation was exacerbated during the summer months when the apartment windows needed to be kept open.

The Principal Licensing and Enforcement Officer advised the objector’s representative of the ability for interested parties to seek a review of a premises licence if there was evidence that any of the four Licensing Objectives may not be being met. 

Summing up, the applicant’s legal representative stated her belief that the application would not undermine the four Licensing Objectives and that Shepherd Neame took its responsibility in this regard seriously. She concluded that the premises would be a positive addition to the area. 

As the objector’s representative did not wish to sum up, the Chairman asked those present, with the exception of the Legal Adviser to the Panel and the Democratic Services Officer, to leave the room during the Panel’s deliberations and return to hear the Panel’s decision.

Decision:

The Panel, having considered the evidence presented by the applicant and objector’s representatives, granted a premises licence for Pier 5 Bar and Kitchen, Pier 5, The Quays, Dock Head Road, Chatham, ME4 4ZJ as applied for and subsequently amended, as follows:

1.1       Recorded Music (Indoors) - Monday to Sunday 10:00 – 00:00

Non Standard timings – From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

1.2       Late Night Refreshment (Indoors) - Monday to Sunday 23:00 – 00:00

Non Standard timings – From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

1.3       Supply of Alcohol (On and off the premises) - Monday to Sunday 10:00 – 00:00

Non Standard timings – From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

1.4       Hours the premises are open to the public for Licensable Activities - Monday to Sunday 10:00 – 00:15

            Non Standard timings – From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

2.         No further amendments to the proposed operating schedule were required by the Panel to promote the Licensing Objectives.