Agenda item

The applicant has applied for a new Premises Licence in respect of MS8 Limited, Dockhead Road, Chatham Maritime Kent, ME4 3ED. All responsible authorities have been consulted in line with the Licensing Act.

 

Representations have been received from the Police and from members of the public. Agreement has been reached with the Police and Environmental Protection.

Discussion:

 

The Licensing Officer stated that an application for a new premises licence had been received in respect of MS8 Limited, Dockhead Road, Chatham Maritime, Kent, ME4 3ED.

 

The application was for:

 

Films Outdoors Monday to Sunday 10:00 – 22:00

Supply of Alcohol on and off the premises Monday to Sunday 10:00 – 22:00   

 

The application had previously been considered by the Licensing Hearing Panel on 19 January 2021. The Panel had taken the decision to adjourn the hearing for the reasons set out in the agenda.

                                  

Agreement had been reached with the Police and Environmental Health. This was subject to conditions being added to the operating schedule, as set out at Appendices F and G to the report in the agenda.

 

The matter had been put to the Licensing Hearing Panel because the Council had received representations relating to all four of the licensing objectives from members of the public. 

 

The following documents were included in the agenda pack:

 

Appendix A – pages 11 to 24 – Original application for new Premises Licence

Appendix B – page 25 – Amended application for new Premises Licence

Appendix C – page 27 – Location Plan

Appendix D – pages 29 to 48 – Copies of representations received in response to original application

Appendix E – pages 49 to 50 – Copies of representations received in response to amended application

Appendix F – page 51 – Agreement with Environmental Protection

Appendix G – page 53 – Agreement with Kent Police

Appendix H – pages 55 to 62 – Decision Notice, Licensing Hearing Panel – 19 January 2021

 

The Chairman invited the applicant to present his amended application for a new premises licence. Mr Sutton said that he had engaged extensively with Kent Police in relation to the application. These discussions had helped clarify the range of licensable activities that it was proposed would take place at the site. The license application had been amended accordingly. A separate planning application had previously been submitted. This had been withdrawn as the provision of a detailed Traffic Management Plan had been requested. This was to address concern that the hosting of drive-in films at the site could cause traffic management issues. The planning application had recently been resubmitted to include this information.

 

The Chairman invited the objectors to ask Mr Sutton questions. Mr Richardson said that no reassurance had been provided to residents regarding how they would be affected by the proposals. He asked what assurance could be given that there would be no impact on residents and said that the resubmitted planning application did not appear to be available on the Planning Portal.

 

In response, Mr Sutton said that he was not aiming for the proposals to have a detrimental effect on the Chatham Maritime area and was looking for them to enhance the area. The conditions agreed with Environmental Protection would require that a full event plan be submitted prior to each event held at the site. This would address issues such as noise and light pollution.

 

Mr Sutton said that the planning application had been resubmitted during the previous week. In relation to noise, audio for drive-in films would be delivered directly into cars. The running of engines and sounding of horns during events would not be permitted with events being fully stewarded. There would be around 50 to 60 cars attending each event with it taking 30 seconds per car for parking before an event and 30 seconds for each car to leave afterwards. It was not anticipated that events would cause light pollution but this would not be certain until the screen was tested. Should there be any issues then these would be addressed in the event plan that would be submitted to Environmental Protection and the Police. Mr Sutton confirmed that these would be submitted at least 21 days in advance of an event and that he would be held to account should this not happen or if information provided was inaccurate.

 

Mr Richardson asked what type of events alcohol would be sold at. Mr Sutton said alcohol might be sold if a market or food and drink festival type event took place. This could involve market stalls selling food and drink. It was considered less likely that alcohol would be sold at drive-in cinema events.

 

A Panel Member said that while the main intention might be to sell alcohol at a food and drink market type event, the granting of a licence would enable alcohol to be sold at other types of event. The Member asked Mr Sutton what other events were being considered.

 

Mr Sutton said that the proposed longer term uses of the site remained as advised at the previous Licensing Hearing Panel. One potential change would be for drive-in film events to become open air screenings, once current Covid-19 restrictions eased. Mr Sutton acknowledged that there could be an option for people to purchase and consume alcohol at such events. No other types of event were currently being planned for the site.

 

A Panel Member asked whether the intention remained for the longer-term use of the site to be for an indoor climbing centre and when this would be delivered. The Member also asked whether serving alcohol to passengers at drive-in film showings was being considered and how light and noise emitting from film screenings would be managed.

 

Mr Sutton said that the long-term aim remained to turn the building into a permanent leisure facility but it was not known whether this would be feasible within the next one to two years. The aim was for it to become a climbing centre. It was possible that food and alcohol would be made available for delivery to cars at drive-in cinema events. Any such proposals would need to be presented to Kent Police for consideration a minimum of 21 days in advance of the event. The Police had previously raised concern about the hosting of large events at the site but the type of events to be held at the site were expected to be smaller scale. Plans had been discussed with the Police over the last few weeks.

 

Mr Sutton said that the event operator would provide an event plan to him for initial critique. This would then be provided to Kent Police and Environmental Protection with a view to any concerns identified being addressed. Event stewards would ensure that rules, such as car engines not being run during film screenings, were adhered to. With regards to light emitting from events at the site, it was not anticipated that this would impact residents of nearby properties. A concern had been raised by Environmental Protection that light could be emitted towards St Mary’s Island. If there were any such issues then these would be mitigated through the installation of a blanking cloth. Should events take place at the site over a number of weeks, it was anticipated that such installation would be on a semi-permanent basis.

 

A Member asked how many days during the year it was anticipated that events would take place at the site. In response, Mr Sutton said that this would be demand dependent, but it would be unlikely that films would be screened seven days a week. There could, for example, be screenings on a Thursday, Friday and Saturday, which would continue for a couple of weeks. A total of 10 to 14 days of events a month over a three-month period was more likely. Once it was possible to hold outdoor cinema screenings with a seated audience, the frequency might increase, but it was still not anticipated that this increase would be to seven days a week.

 

A Member asked Mr Sutton whether he would be prepared to accept a condition being added to any licence granted to required that local residents, particularly those with a direct view of the site, be notified in advance of each event held. It was suggested that such notification could be electronic or via a leaflet. Mr Sutton confirmed that he had no objection to the principle of being required to inform local residents about events taking place, depending on how this could be achieved. He suggested that the managing agents of the relevant buildings could be asked to assist with notification.

 

Mr Richardson questioned whether notification of events via the managing agent of the relevant buildings would be effective and considered that mailouts could be an effective option in view of the relatively small number of residents to be contacted. Mr Richardson also sought a commitment from Mr Sutton that appropriate measures would be taken to address any light and noise pollution caused by events at the site.

 

Mr Sutton said that he had attended film events run by other operators and had observed that the film screen had a shield to the side to prevent light pollution. Any issues identified would be addressed. Mr Sutton had no objection to notifying local residents in advance of events but the mechanism for achieving this would need to be identified. In relation to car engine noise, the event operator would require that no engines be run during events.

 

Mrs Canelo was concerned that events to be held at the site would cause parking problems and an increased amount of litter in the area. She felt that the site was too close to residential properties and there was no need for an additional premises in the area to be open late and serving alcohol. Mrs Canelo said there were already issues in the area due to people remaining in the area drinking until very late.

 

In response, Mr Sutton said that people attending drive-in cinema events at the premises would park on site and leave in their vehicles after the event. The sale of alcohol would be controlled as outlined in the application and waste generated by events would be collected. Event stewards would encourage people to leave the area after events but a number of other venues in the vicinity were open until 11pm and it was the responsibility of these establishments to address any resulting issues.

 

Mr Sutton added that should other events take place at the site, such as an open-air cinema, it was anticipated that additional parking requirements could be met by using the Dockside Outlet Centre car park. An area to the north of the site was also due to become part of the operating area, with planning permission having previously been granted for this to be converted to a car park. People attending events would be encouraged to enjoy themselves responsibly, with event stewards ensuring that events were kept under control.

 

The Chairman invited Mr Sutton to ask the objectors any questions. While he did not have a question, Mr Sutton said that the did not want the activities being proposed to annoy residents or to detract from the Chatham Maritime area.

 

The Chairman invited all parties to sum up their respective cases. Mr Sutton said that he had nothing further to add other than to thank those involved in the application process for their co-operation.

 

Mr Richardson thanked everyone who was involved in the hearing and said that he did not want his enjoyment of life to diminish as a result of the proposals.

 

Decision:

 

The Panel considered all the written evidence before it and had listened carefully to all the oral evidence presented by the applicant by the objectors and unanimously decided to grant a premiss licence forMS8 Limited, Dockhead Road, Chatham Maritime, Kent, ME4 3ED, as applied for in the amended application, subject to the following conditions:

 

1. The Licence holder shall inform the residents whose properties directly overlook the premises of any events that are due to take place at the premises no later than 21 days before the event.

 

2. Alcoholic drinks sold for consumption on the premises to be served in plastic or polycarbonate containers.

 

3. Alcoholic drinks sold for consumption off the premises to be served in sealed containers. No persons will be permitted to take open alcohol containers from the premises.

 

4. The licence holder shall produce an event management plan and risk assessment for all events held at the premises. A copy of the event management plan and risk assessment is to be submitted where necessary to police and licensing authority in writing either by post or electronically to licensing.north.division@kent.police.uk no later than 21 days prior to the event. It must address but is not limited to risks specific to the nature of the proposed event and its potential to undermine the licensing objectives.

 

5. When regulated entertainment and background music takes place outdoors a noise management plan will be in place to review the impact of noise prior to, during and after each event.

 

6. No amplified music is to be permitted unless a noise management plan, which has been agreed with the local authority, is in place. The noise management plan shall be periodically reviewed and/or when significant changes occur in the operation, building or event type or following a complaint. We are planning on having events that incorporate car stereos or personal ear piece pieces to limit the noise. Procedures will be in place for those that do not obey or follow the guidance to ensure all plans for the event are followed. Notices shall be visible at booking, any communication as well as being prominent on site. This guidance will be clear for each event to cover matters such as shouting, car horns and car engines.

 

7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

8. Prominent, clear notices shall be displayed in the area asking customers to keep the noise down and to respect the needs of local residents when using the space.

 

9. Regulated entertainment outdoors will cease no later than 22.00.

 

10. A direct telephone number for the manager of the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents in the vicinity.