Agenda item

The applicant has applied for a Full Variation for Amala Buka, 365 High Street, Rochester, Kent ME1 1DA.

All responsible authorities have been consulted in line with the Licensing Act 2003.

Representations have been received from the public. No agreements have been reached.

The Licensing Officer informed the Panel that the applicant had applied for a Full Variation for Amala Buka, 365 High Street, Rochester, Kent ME1 1DA.

All responsible authorities had been consulted in line with the Licensing Act 2003, Representations had been received from the public and no agreements have been reached.

The details of the application were as follows:

Recorded Music

Monday to Wednesday      11:00 to 01:00

Thursday to Saturday        11:00 to 03:00        

Sunday                              13:00 to 01:00

Performances of dance

Friday to Saturday             08:00 to 02:00

Sunday                              08:00 to 01:00

Late Night Refreshment

Monday to Sunday             23:00 to 03:00

Supply of alcohol

Monday to Sunday             11:00 to 03:00

The Chairperson invited the applicant to present the application, however, Ms Beyond did not have anything further to add.

The Chairperson asked the objectors if they had questions for the applicant. Concerns were raised by the objectors regarding anti-social behaviour in the area and the applicant informed them that there had never been any problems with her customers. In response to questions about toilet facilities and noise Ms Beyond, the applicant, explained that there were toilet facilities, and that noise is kept to a minimum by keeping the door shut and can only be heard when customers are exiting via the door.

The number of nights that the applicant intended to have live music was also queried and the applicant confirmed that she only intends to hold events on the first and third Friday’s of each month from 8pm until 1am and that there would not be live music every night. The applicant also confirmed that she would like to serve food until 1am and not 3am as she had stated on the application. The applicant explained that she had stated 3am on the application as this is the time she would be on the premises until, to clean up, after food service ceases at 1am.

The Chairperson invited Panel Members to question the applicant. The Panel queried the variation that the applicant required as this appeared to differ to the times stated in the application form. The applicant confirmed that she wanted to be able to serve food until 1am and hold live music events on two Fridays per month and occasionally on Saturdays.

Based on the changes required to the variation the objectors confirmed that they had no further objections.

Apart from the Legal Adviser and Democratic Services Officers, the Chairperson asked all parties to leave the room during the Panel’s deliberations and informed the applicant that they would be informed of the decision in writing within 5 working days.

Decision:

The Panel were required to determine an application to vary the licensing conditions in respect of Amala Buka, a venue which occupies 365 High Street, Rochester, Kent ME1 1DA. The application was outlined fully in the papers and subsequent representations were made by members of the public. The Panel have carefully and objectively considered the individual merits of that application and have also taken into due consideration the objections received and those representations from Responsible authorities. Finally, the Panel have viewed that evidence through the lens of the applicable law and its duty to take such steps as are appropriate in the circumstances for the promotion of the Licensing Objectives.

It is of note, that the Applicant, in her oral submissions to the Panel, confirmed that her application was to be amended. That amendment being for the licensable activities of Recorded Music, Late Night Refreshment, Provision of Food and Supply of Alcohol to be allowed between 11:00am and 01:00am each day, Monday to Sunday, with the addition of the licensable activities of Live Music, Performances of Dance and Comedy to be licensed only on Friday and Saturday between the hours of 11:00am – 01:00am. In light of the amended hours, the Objectors confirmed that they would no longer maintain their objection.

The Panel have determined that it is in accordance with the promotion of the Licensing Objectives to amend the application and grant that amended application as follows:

1.    Recorded Music

Monday to Sunday, 11:00am to 01:00am

2.    Late Night Refreshment

Monday to Sunday, 11:00am to 01:00am

3.    Supply of Alcohol

Monday to Sunday, 11:00am to 01:00am

4.    Performances of Dance

Friday and Saturday, 11:00am to 01:00am

5.    Live Music

Friday and Saturday, 11:00am to 01:00am

6.    Comedy

Friday and Saturday, 11:00am to 01:00am

These were all permitted as requested, as being for indoors only. The Premises Hours will also be between 11:00am and 01:00am.