Agenda item

To consider a new premises application for Retail Unit 2, Chatham Waters, Gillingham Gate Road, Gillingham following the submission of a representation, received during the consultation period.

Discussion:

 

The Chairperson explained the process that the hearing would follow.

 

The Licensing Officer informed the Panel that the applicant had applied for a new Premises Licence at Retail Unit 2, Chatham Waters, Gillingham Gate Road, Gillingham. All responsible authorities had been consulted in line with the Licensing Act 2003 and representations had been received from two members of the public and no representations had been received from the responsible authorities.

 

The new premises licence application was for the sale by retail of alcohol (on sales) Monday to Sunday 09:00 to 23:00.

 

The Panel were informed that conditions had been agreed with Trading Standards and these were set out in Appendix C to the supplementary agenda. Additional evidence had been submitted by the applicant and was set out in Appendix D to the supplementary agenda.

 

The Chairperson invited the applicant to speak in support of their application.

 

The Panel were informed that the premises operated under the name District KCL and was part of Larry’s Mobile Bar Group which Mr Tulloch had operated since 2020, with experience in the hospitality industry and as a personal licence holder for 20 years.

 

Mr Tulloch explained that he had managed numerous events with no issues and any suggestions such as Challenge 25 and staff training had been taken on board. The Panel were informed that Mr Tulloch wanted to be a good neighbour and operate and safe, responsible and professionally operated venue.

 

The Panel were informed that concerns expressed over a previous incident related to an under 18’s party which was an isolated incident where a teenager had shared the event on social media. As a result, a number of young people had attended uninvited and when they were refused entry they had caused an issue outside the premises.

 

Mr Tulloch explained that lessons had been learned from this and new procedures had been introduced including enhanced security staff for under 18 parties or high attendance parties, the use of guest lists and wrist bands and reduced capacity for under 18 events. The Panel were also informed that CCTV, Challenge 25 and staff training were in place, and the doors were kept closed to prevent any noise nuisance.

 

The Panel were shown two short video recordings including the date and time when an event was taking place to show that there was not an issue with audible media coming from the venue during an event with the doors closed.

 

The Chairperson noted the written objections that had been included at Appendix B to the report and that the objectors were not in attendance.

 

The Panel queried whether the event that had caused concern had taken Mr Tulloch by surprise and he confirmed that the post on social media which led to uninvited guests was a total surprise. The Panel were informed that as a result SIA security staff were now compulsory for under 18 parties, guest numbers were limited to 50 and guestlists and wristbands were used to ensure that only invited guests were admitted. Security staff also conducted bag searches to ensure alcohol bought elsewhere was not bought on to the premises and would not admit anu guests seen drinking alcohol outside of the venue.

 

The Panel queried how many events had been operated at the venue without any issues and whether a contract of hire was used. Mr Tulloch explained that he had operated approximately 15 events at the venue without incident and that all hirers were issued with terms and conditions including no posting of events on social media, no guests drinking or gathering outside the venue and leaving the premises quietly to respect the neighbours.

 

The Panel confirmed that staff training was in place as well as different coloured wristbands to confirm who was 18 and able to drink alcohol and who was not. Mr Tulloch explained that if anyone was intoxicated, they would immediately be cut off from consuming alcohol and supplied with water, that the venue was managed correctly to ensure no underage drinking and that if a big group of invited youths did turn up to an event it would be immediately suspended and the police called.

 

The Panel suggested that it would be useful and courteous to inform local off sales premises of events that would be taking place to ensure that they could be vigilant and aware that young people would be attending an event in the area.

 

In summing up, Mr Tulloch explained that he wanted to work with Licensing, the responsible authorities and neighbours to operate a safe and responsible venue that the wider community could attend and that would contribute to ensuring that Chatham Waters was a good place to live.

 

With the exception of the Legal Representative 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 grants the application for a new premises licence in respect of Retail Unit 2, Chatham Waters, Gillingham Gate Road, Gillingham, authorising the sale by retail of alcohol for consumption on the premises between 09:00 and 23:00 hours, Monday to Sunday. It is noted that the opening hours will mirror this, but they are not within our power to determine. This is subject to:

 

• The statutory mandatory conditions applicable to the supply of alcohol.
• The conditions contained within the operating schedule.
• The additional conditions agreed with Trading Standards.
• The additional conditions noted below.

 

Conditions:

 

1.          The premises shall only be permitted to sell alcohol at pre-booked private hire events, where admission is by prior booking, ticket or guest list only.

 

2.          No person shall be permitted to take open containers of alcohol outside the licensed area.

 

3.          The premises licence holder shall maintain a direct contact email address and telephone number for local residents to raise concerns relating to the operation of the premises. Complaints received shall be recorded in the incident log together with the date, nature of the complaint and action taken.

 

4.          The following conditions shall be imposed in relation to any event that meets the definition of “high-risk event” in condition 5:

 

4.1.     The Designated Premises Supervisor must produce a risk assessment. The risk assessment must include, as a minimum consideration:

 

4.1.1.     The nature of the event;

4.1.2.     Maximum attendance;

4.1.3.     Start and finish times;

4.1.4.     Number and deployment of SIA-registered door supervisors;

4.1.5.     Arrangements for guest lists and/or wristbands;

4.1.6.     Entry-control arrangements;

4.1.7.     Dispersal arrangements; and

4.1.8.     Management of any external or smoking area.

 

4.2.     The written risk assessment must be retained for a period of at least twelve months after the event and produced to authorised officers upon request.

 

4.3.     Notice of the event and the written risk assessment will be provided to the Police two weeks in advance of the event.

 

4.4.     Notice of the event will be provided to local licensable premises two weeks in advance of the event.

 

4.5.     The deployment of sufficient SIA-registered door supervisors in accordance with that written risk assessment.

 

4.6.     The event must be controlled by a guest list and wristbands. No person other than those named on such guest list or who have been issued wristbands in advance shall be permitted. The guest list and/or wristband records shall be retained for at least 3 months after the event and made available to the Police upon request.

 

5.          For the purposes of these conditions, a “high-risk event” means:

 

5.1.     Any event primarily advertised to, or predominantly attended by, persons under 18 years of age; and

 

5.2.     Any other event which, in the assessment of the Designated Premises Supervisor, presents an increased risk of crime, disorder, public nuisance or harm to children (including teen parties and large-capacity evening events).

 

Reasons:

 

The Panel’s reasons for this decision are:

 

1.             The Panel determined this application on its individual merits, based solely on the evidence before it and the relevant licensing objectives, common law and policy.

 

2.              The Panel’s primary concern is the promotion of the licensing objectives and the protection of the public, including residents living directly above and adjacent to the premises.

 

3.              The Panel recognised the genuine concerns of residents about noise, anti-social behaviour and the previous teenage party incident and accepted that the venue’s location within a residential complex demands particular care.

 

4.              The Panel gave weight to the fact that no Responsible Authority objected to the application and that Trading Standards, and the Fire Authority expressed no objection subject to agreed conditions and compliance with fire safety duties.

 

5.              The Panel accepted that the incident involving teenagers revealed weaknesses in controls at the time but has noted the agreed measures proposed by the applicant to improve and ensure that it does not happen again. These included the risk-based deployment of SIA security, controlled entry, earlier finishing times (particularly for under-18 events), CCTV, Challenge 25, and close engagement with residents. These have been incorporated as licence conditions

 

6.              The Panel considered that outright refusal of the licence would be disproportionate in the absence of evidence of a continuing pattern of an undermining of the licensing objectives attributed to this premises, particularly given the mitigation now proposed and the support in principle from the ward councillor, provided that sufficient conditions are imposed.

 

7.              The Panel therefore concluded that the licensing objectives can be adequately promoted by granting the licence subject to robust and targeted conditions, including the inclusion of those additional measures agreed by the applicant. Those conditions are specifically targeted at the type of event which is, in the view of this Panel, likely to undermine the licensing objectives without stricter control. This view is taken in light of the preceding incident.