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Agenda item
Application for Review of a Premises Licence Upmart Newsagent, 56 Gabriels Hill, Maidstone, Kent, ME15 6JJ
- Meeting of Licensing Act 2003 Sub Committee, Wednesday 23rd October, 2019 10.00 am (Item 7.)
- View the background to item 7.
Minutes:
The Chairman requested that all those persons participating in the hearing identified themselves as follows:-
Chairman – Councillor David Naghi
Committee Member – Councillor Mrs Joy
Committee Member – Councillor M Rose
Legal Advisor – Mr Robin Harris
Committee Clerk – Mrs Caroline Matthews
Licensing Officer – Mrs Lorraine Neale
Licence Holder – Mr Sivothayan
Representing the Licence Holder - Mrs Gill Sherratt
Each responsible authority – PC 11187 James Williams (Kent Police)
All parties confirmed that they were aware of the Sub-Committee hearing procedure and that each party had received a copy of the hearing procedure document.
The Chairman explained that:
·
The Sub-Committee would allow all parties to put
their case fully and make full submissions within a reasonable
timeframe.
·
The procedure would take the form of a discussion
led by the Sub-Committee and they would usually permit cross
examination conducted within a reasonable timeframe.
·
Any persons attending the hearing who behaved in a
disruptive manner may be directed to leave the hearing by the
Sub-Committee (including temporarily) and thereafter the person may
submit to the Sub-Committee in writing any information which the
person would have been entitled to give orally had the person not
been required to leave the hearing.
The Sub-Committee confirmed that they had pre-read all the papers and any other documents contained in the report regarding the hearing.
The Chairman enquired whether any draft conditions had been agreed between the licence holder and any other parties for the Sub-Committee to consider.
PC Williams advised that a revised set of conditions had been agreed and provided a copy to the Sub-Committee whilst the Legal Officer highlighted the changes made from the original conditions submitted.
The Chairman invited any questions from either party to which there were none.
The Chairman asked if there were any final remarks from either party.
Mrs Sherratt, representing the applicant/licence holder advised that Mr Sivothayan accepted the failings and would move forward positively.
The Chairman then asked if Members had any final questions for any party.
In response to a question from a Member, Mr Sivothayan advised that the proportion of sales made in the shop for alcohol was 40%.
The Legal Officer asked for clarification in regard to Condition 1 in the papers which requested that the hours permitted for sale of alcohol be reduced to 11.00 to 00.00 daily. PC Williams confirmed that he was content for the opening hours to remain as they are currently.
The Legal Officer confirmed that there were no further matters to be raised or resolved.
The Chairman then adjourned the meeting for deliberation and requested that the Legal Officer remained to assist them.
Supporting documents:
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Application for Review of a Premises Licence Upmart Newsagent, 56 Gabriels Hill, Maidstone, Kent, ME15 6JJ, item 7.
PDF 150 KB View as HTML (7./1) 93 KB
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A. Police Application for Review, item 7.
PDF 329 KB
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A1. PCSO COSTIN - Appendix 1, item 7.
PDF 65 KB
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A2. Warning Letter - Appendix 2, item 7.
PDF 123 KB View as HTML (7./4) 7 KB
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A3. PC Paul Hughes - Appendix 3, item 7.
PDF 77 KB
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A4. Warnng Letter - Appendix 4, item 7.
PDF 123 KB View as HTML (7./6) 7 KB
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A5. PC James Williams - suggested conditions Appendix 5, item 7.
PDF 135 KB View as HTML (7./7) 23 KB
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A6. PCSO Caroline Wayland - ppendix 6, item 7.
PDF 77 KB
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B Appendix - Premise Licence Upmart News PArt A, item 7.
PDF 108 KB View as HTML (7./9) 36 KB
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C Appendix Plan of the premises, item 7.
PDF 48 KB
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D Appendix - Plan of area, item 7.
PDF 725 KB
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E Appendix HUMAN RIGHTS, item 7.
PDF 34 KB View as HTML (7./12) 11 KB
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F Appendix Review Hearing Procedure, item 7.
PDF 125 KB View as HTML (7./13) 42 KB