Agenda item

The applicant has applied for a new Premises Licence in respect of Arena Grill and Lounge Limited 307 High Street Chatham Kent ME4 4BN.

 

All responsible authorities have been consulted in line with the Licensing Act.

 

A representation has been received from Planning, Environmental Protection, Police and 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 on page 4 of the agenda and noted that the Applicant had received a copy of the “Guidelines for Licensing Hearing Panels”.

 

The Licensing Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application fora new Premises Licence in respect of Arena Grill and Lounge Limited, 307 High Street, Chatham, Kent, ME4 4BN. The Licensing Officer referred to Section M of the application at Appendix A of the agenda report, which listed the steps that could be taken by the Applicant in promoting the four licensing objectives.

        

The Licensing Officer confirmed that the application had been correctly advertised in the local press and notices had been displayed at the premises for the required timescales.

 

The Licensing Officer confirmed that an agreement had been reached with the Applicant and Kent Police for additional conditions to be added to the operating schedule as set out in Appendix C of the agenda with the revised opening times of:

 

Live music (indoors)                               23:00 – 02:00

Recorded music (indoors)                       23:00 – 02:00

Late night refreshment (indoors)             23:00 – 02:00

 

Supply of Alcohol (on the premises)

 

Sunday to Thursday                               14:00 – 22:30

Friday to Saturday                                  14:00 – 01:30

 

The Licensing Officer confirmed that the Council had received further objections in relation to the prevention of public nuisance and no further agreements had been made.

 

The Chairman invited the Applicant’s legal representative, Mr Jon Wallsgrove, to present the application.

 

The Premises Licence for Arena Grill and Lounge would be for a small restaurant, with a capacity of 60 people.  He explained that he was appearing on behalf of another Agency who completed the original application, therefore, was not certain that the local residents had been informed of the amended operating hours put forward by Kent Police.

 

The original opening hours were for:

 

Sunday to Wednesday       14:00 – 23:00 with the sale of alcohol until 22:30

Thursday to Saturday        14:00 – 03:00 with the sale of alcohol until 02:30

 

The Applicant and Kent Police agreed that the late licence for Thursday would be withdrawn, with the sale of alcohol until 22:30.  For Friday and Saturday the premises would close at 02:00, with the sale of alcohol until 01:30.  The sale of regulated entertainment, food and hot drinks would continue, on Friday and Saturday, until 02:00.

 

In response to the objections set out in the agenda, additional suggested conditions, along with a Draft Noise Management Policy and a Draft Dispersal Policy were included in the supplementary agenda.

 

Mr Wallsgrove confirmed that the Applicant had been in conversation with the Environmental Protection Team, and if some of the conditions were slightly reworded, both sides would be in agreement.  

 

Mr Wallsgrove explained to the Panel that although the Applicant had applied for regulated entertainment every Friday and Saturday night, he had not planned on having a DJ every weekend.  If this was the case and no DJ was present, he would play background music.  Mr Wallsgrove explained that the late night licence was due to the fact that the clientele tended to go out later now to socialise.  They would enjoy a meal and then stay in those premises rather than having to move on elsewhere. 

 

Mr Wallsgrove confirmed that although the Applicant was applying for a premises licence, he also had to obtain the correct planning permission and therefore the Applicant, would not open the premises until both were granted.   In his opinion, Mr Wallsgrove considered that it was better to apply and hopefully be granted the premises licence first before applying for planning permission.

 

The Chairman asked the objectors if they had any questions for Mr Wallsgrove and the Applicant.  The Environmental Protection Team had no further questions.  Mr Agdas explained that he considered a licence being granted until 02:00 was not a good idea as the premises would still be responsible for the customers that left at that time.

 

The Chairman invited Panel Members to question the Applicant.

 

Mr Wallsgrove, following a question from the Panel about why the Applicant had chosen to open a restaurant in Chatham High Street, explained that Mr Awe moved into Kent two years ago from Nigeria.  Having moved to Kent he saw a gap in the market for Africans to meet up socially.  Looking around the area, there was only one other African premises and Mr Awe considered that with the demise of the high street, to bring foot fall back would have a positive impact to Chatham High Street.  Mr Awe had seen a lot of migration from Africans to Medway due to the Grammar Schools and felt this would bridge the gap. 

 

Although there were flats above, in which Mr Agdas lived, the flats were not part of the premises licence application.

 

Mr Wallsgrove confirmed that although there would be 60 covers, there could be multiple sittings but no further customers would be allowed entry after midnight on Friday and Saturday nights even though food would be served until later.

 

The Panel were concerned with the customers smoking, as they would need to stand out onto the High Street and the Panel were worried how this would be managed.  Mr Wallsgrove explained that those leaving to smoke would be managed by the staff and a maximum of 8 people would be allowed outside to smoke at a time.  Staff would remind the customers that if they did not respect the neighbourhood, by being too loud, they would be asked to leave immediately and possibly be banned in the future.  Customers would not be allowed to take any drinks outside when smoking. 

 

As part of the agreement with Kent Police, two SIA licensed operating staff would be on the door on Friday and Saturday nights to prevent crime and Mr Awe confirmed there would be a zero tolerance to crime and drugs.

 

Mr Awe confirmed that the courtyard between the restaurant and the kitchen could not be used for a smoking area as it was the corridor between the kitchen and seating area and needed to be kept clear. 

 

The Panel were concerned that smokers could be admitted back into the premises at any time, however new customers would not be allowed admission after midnight.  How would this be managed and how would it stop friends of smokers being re-admitted with them?  Mr Wallsgrove explained that the SIA licensed door staff would manage this.  Mr Wallsgrove hoped that if local residents had any concerns they would speak directly to Mr Awe to alert him to any issues as Mr Awe wished to be part of the local community.

 

Mr Wallsgrove explained that a decision install a noise limiter would be determined alongside other works that Mr Awe would complete in due course.  He confirmed sound proofing were in place in the ceiling of the premises. 

 

Mr Awe confirmed that the suggested additional conditions, that were set out in the supplementary agenda, would cost a large amount of money, however Mr Awe confirmed he would be able to meet those costs and conditions as he would not want to disturb local neighbours. 

 

Mr Awe suggested that the nearest bus stop was Chatham Bus Station rather than Anchorage House as suggested in the supplementary agenda.  Mr Wallsgrove explained that when customers rang for taxis, they would then receive a text when it arrived.  The intention would be that the customer waited inside the premises until the taxi arrived, rather than standing on the high street.

 

The objectors gave their concerns: 

 

Stuart Steed from the Environmental Protection Team explained to the Panel their objections in relation to the prevention of public nuisance as set out on page 33-34 of the agenda.  He appreciated that some amendments to the operating hours had been made and acknowledged that was a positive step forward and acknowledged the proposed additional conditions which had been submitted.  He informed the Panel that there were some conditions under the prevention of public nuisance in the Statement of Licensing Policy that he would like to see transferred to the premises licence, although not all of these risks would be applicable.

 

Mr Agdas informed the Panel that his objections were in relation to the noise and smoke outside his flat as both would filter into his living room.  He also mentioned the noise when the customers were leaving the premises.

 

The Chairman invited both the Applicant, his representative and the Environmental Protection Officer to a brief adjournment to discuss, privately, the amendments to the Statement of Licensing Policy conditions that were previously discussed.

 

After the adjournment, Mr Wallsgrove confirmed that going through the prevention of public nuisance risks both the Applicant and Environmental Protection were much closer to agreement than originally thought. 

 

He proposed the additional suggested conditions (as set out in the supplementary agenda), the conditions agreed with Kent Policy and small changes to the following in the Statement of Licensing Policy:

 

PN14 – Noise and Vibration – to include a condition about a noise limiter.

PN22 – Notices and signage - noise

PN25 – Outside areas – gardens/patio areas. 

 

Following these suggested amendments, Stuart Steed confirmed that although the differences were subtle they were important changes and he approved of the changes.

 

Summing up, Mr Wallsgrove highlighted that the Applicant had reduced the operating hours to enable a balance that could be struck with the local residents.  The Applicant respected the weight attached to what the Responsible Authority and Environmental Protection Team had stated and were content with the conditions imposed.  

 

In his summing up, Mr Agdas reiterated his objection which related to noise and as Chatham had high crime rates compared to other cities and he did not wish for any disturbances or issues to be at his doorstep.

 

With the exception of the Legal Representative and the Democratic Services Officers,the Chairman asked all parties to leave the room during the Panel’s deliberations and returned to hear the Panel’s decision.

 

Decision:

 

The Panel, having considered all the written evidence and listened carefully to the oral evidence presented by the Applicant and objectors decided to grant a premises licence for Arena Grill and Lounge Limited, 307 High Street, Chatham, Kent ME4 4BN, subject to the revised operating hours and conditions as set out in the supplementary agenda and those agreed with Kent Police and the Environmental Protection Team.