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MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003 SUB COMMITTEE
Minutes of the meeting held on Wednesday 23 October 2019
Councillor Naghi (Chairman), and
Councillors Joy and M Rose
Apologies for absence were received from Councillor McLoughlin.
It was noted that Councillor Mrs Joy was present as a Substitute for Councillor McLoughlin.
RESOLVED: That Councillor Naghi be elected Chairman for the duration of the meeting.
There were no disclosures by Members or Officers.
There were no disclosures of lobbying.
RESOLVED: That the items on the agenda be taken in public as proposed.
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 Jill 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.