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LICENSING ACT 2003 SUB COMMITTEE
MINUTES OF THE MEETING HELD
MONDAY 18th AUGUST 2008 AT 10:00 AM
THE TOWN HALL, HIGH STREET, MAIDSTONE
PRESENT:
Committee Members: Councillor Parvin (Chairman)
Councillor Gibson
Councillor J.Wilson
Council Officers: Jayne Bolas – Legal Advisor
Lorraine Neale – Senior Licensing Officer
Applicant: Shepherd Neame Ltd
Responsible Authorities: Mr C Hendry - on behalf of Maidstone
Group Fire Safety Office
Interested Parties: N/A
DISCLOSURES BY MEMBERS AND OFFICERS
There were none.
DISCLOSURES OF LOBBYING
There were none.
EXEMPT ITEMS
RESOLVED: That the items on the Agenda be taken in public as proposed.
Application to vary a Premises Licence under the Licensing Act 2003 for Hook and Hatchet, Church Road, Hucking, Kent, ME17 1QT.
1. J Bolas outlined the
application and informed the Sub-Committee that all parties had
agreed conditions before the hearing and that the Fire and Rescue Service had
now withdrawn their Representation. Neither of the parties would be in
attendance. The applicant and The Fire and Rescue Service had requested the
Sub-Committee to impose the offered condition in their absence. It was
explained that because the application was a variation only the Sub-Committee
could impose the condition. The Sub-Committee were given all recent e-mails and
correspondence not included in the report to read through.
Opening Remarks
The Chairman opened the meeting. All participants confirmed that they had copies of and understood the procedure. All Committee Members confirmed that they had read the papers beforehand.
Draft Condition: Whenever
a marquee is to be installed the DPS or the tenant will prepare a risk
assessment relating to its use and obtain confirmation from the suppliers
that it complies with the appropriate BS standard or its equivalent.
No Witnesses
i. Councillor Wilson queried where exactly would the marquee be sited as it appeared to be right next to the car park.
J Bolas stated that she understood that access is through the pub to the garden where the marquee will be sited and that it was not accessible from the car park.
Councillor Wilson asked the capacity of the marquee.
J Bolas explained that capacity would be dependant on the size of the marquee and the outcome of any risk assessment, also that occupancy could be dealt with by the Fire and Rescue Service in relation to fire safety.
Councillor Wilson made reference to the application specifically number 2) provision of an outside bar which will operate between 10:00 – 21:00 from 1st April to 31st October and asked if any events would have happened yet.
J Bolas confirmed that they should not have taken place until licensed.
Councillor Wilson asked if the outside bar would be annually.
J Bolas answered yes.
The
Decision
The
Sub Committee agreed to grant the licence with the condition added as shown in
the Notice of Determination at Appendix A.
PRESENT:
Committee Members: Councillor Parvin (Chairman)
Councillor Gibson
Councillor J.Wilson
Council Officers: Jayne Bolas – Legal Advisor
Lorraine Neale – Senior Licensing Officer
Applicant: Monarch Leisure Ltd
Witnesses N/A
Responsible Authorities: Mr C Hendry - on behalf of Maidstone
Group Fire Safety Office
Interested Parties: N/A
Application for a Premises Licence under the Licensing Act 2003 for River Bar, The Broadway, Maidstone, Kent, ME16 8PB.
2. J Bolas outlined the application explaining that a new licence had been applied for because of works to the premises including the movement of the premises kitchen, more recent submitted plans show that the kitchen will remain where it is currently. Apex Law who represent Monarch Leisure Ltd and the Fire and Rescue Service had come to an agreement before the hearing on two conditions and that the Fire and Rescue Service had now withdrawn their Representation. Neither of the parties would be in attendance. The applicant and The Fire and Rescue Service request the Sub-Committee to agree the offered conditions in their absence.
Opening Remarks
The Chairman opened the meeting. All participants confirmed that they had copies of and understood the procedure. All Committee Members confirmed that they had read the papers beforehand.
Draft Conditions:
1.
All building works are to
be completed to a standard that is satisfactory to the Building Control
Officer.
- The premises shall not trade until there is a letter confirming the premises satisfactory from Kent Fire and Rescue Service, filed with the Licensing Sub-Committee.
No Witnesses
ii. Councillor Wilson voiced his concern about noise pollution from music outside making comment about noise travelling along the river.
J Bolas pointed out that no representations had been received with regards to noise and referred to pages 65 -67 of the report, the current licence conditions that dealt with noise.
The Chairman pointed out that the licence stated that outdoor music must cease at 23.00 hours.
Councillor Gibson asked what constituted Late Night Refreshment at the establishment.
J Bolas replied that it would be hot food and drinks after 23.00 hours.
Councillor Gibson commented that residents would complain if noise issues occurred.
The Chairman asked Mr Hatcher, Community Safety and Licensing Manager who was in attendance, if there had been any reported incidents of noise with regards to the premises.
Mr Hatcher answered no formal representations had been made.
The Chairman moved to agree conditions.
The
Decision
The
Sub Committee agreed to grant the licence with the conditions added as shown
in the Notice of Determination at Appendix B.
APPENDIX A
LICENSING AUTHORITY: MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003
LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005
NOTICE OF DETERMINATION
Application Ref No:
Applicant: Shepherd Neame Ltd
Regarding The Hook and Hatchet
Church Road
Hucking
Kent
ME17 1QT
Date of hearing: 04/08/08
Date of determination: 04/08/08
Committee Members: [Chairman]:
Councillor Parvin
Councillor Gibson
Councillor
Wilson
Legal Advisor in attendance at hearing(s): Mrs Bolas
Senior Licensing Officer in attendance at hearing(s): Mrs Neale
This was an
application for:
R Variation * Grant
* Provisional Statement * Review * Other …………
for a
R Premises Licence * Club Premises Certificate * Personal Licence
* Temporary Event Notice
A: Representations, evidence and submissions:
E-mails from Stephen Thomas Law dated 21, July 2008 and 23, July 2008 and from Kent Fire and Rescue Service dated 23, July 2008.
B:
Consideration
of the Licensing Act 2003, the Guidance under s. 182 of the Act and the
Statement of Licensing Policy of Maidstone Borough Council
The Committee has taken into account
the following provisions of the Licensing Act 2003 and the
Regulations thereto:
Section 13 which relates to interested parties and responsible authorities;
Section 34 and 35 which relate to the variation of a premises licence;
Schedule 1 which relates to Regulated
Entertainment
The Committee has taken into account the following provisions of the Guidance
under section 182 of the Act:
Chapter 2 which relates to the licensing objectives
Chapter 8 & 9 which relates to
premises licences & determinations
Chapter 10 which relates to conditions attached to licences;
Annexe D which relates to potential conditions.
The Committee has taken into account the following provisions of its Statement
of Licensing Policy:
Chapter 19 which
relates to the 4 licensing objectives;
Chapter 21 which relates to public
safety
C: Determination:
The Committee has decided to:
grant the application subject to
modified conditions necessary for the promotion of the licensing objectives.
If so, state the modified conditions:
1. Whenever a marquee is to be installed the DPS or the tenant will prepare a risk assessment relating to its use and obtain confirmation from the suppliers that it complies with the appropriate BS standard or its equivalent.
.
Reasons for determination:
2.
Public Safety
Reasons (state in
full):
It is necessary and proportionate to promote the licensing objective of public safety by condition to secure public safety at the premises are safe for the public following wwhen a marquee is in place.
3.
PRINT NAME (CHAIRMAN): Councillor Peter Parvin
Signed [Chairman]: A copy of the original document is held on file
Date: 07/08/08
APPENDIX B
LICENSING AUTHORITY: MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003
LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005
NOTICE OF DETERMINATION
Application Ref No:
Applicant: Monarch Leisure Ltd
Regarding The River Bar
The Broadway
Maidstone
Kent
ME16 8PB
Date of hearing: 04/08/08
Date of determination: 04/08/08
Committee Members: [Chairman]:
Councillor Parvin
Councillor Gibson
Councillor
Wilson
Legal Advisor in attendance at hearing(s): Mrs Bolas
Senior Licensing Officer in attendance at hearing(s): Mrs Neale
This was an
application for:
* Variation R Grant
* Provisional Statement * Review * Other …………
for a
R Premises Licence * Club Premises Certificate * Personal Licence
* Temporary Event Notice
A: Representations, evidence and submissions:
A letter from Apex Law dated 25, July 2008 and e-mails from Kent Fire and Rescue Service dated 26, July and 30, July 2008.
D:
Consideration
of the Licensing Act 2003, the Guidance under s. 182 of the Act and the
Statement of Licensing Policy of Maidstone Borough Council
The Committee has taken into account
the following provisions of the Licensing Act 2003 and the Regulations
thereto:
Section 16-24 which relate to the grant of a premises licence;
The Committee has taken into account the following provisions of the Guidance
under section 182 of the Act:
Chapter 2 which relates to the licensing objectives
Chapter 8 & 9 which relates to
premises licences & determinations
Chapter 10 which relates to conditions attached to licences;
Annexe D which relates to potential conditions.
The Committee has taken into account the following provisions of its Statement
of Licensing Policy:
Chapter 19 which
relates to the 4 licensing objectives;
Chapter 21 which relates to public
safety
E: Determination:
The Committee has decided to:
grant the application subject to
modified conditions necessary for the promotion of the licensing objectives.
If so, state the modified conditions:
4.
All building works
are to be completed to a standard that is satisfactory to the Building Control
Officer.
5. The premises shall not trade until there is a letter confirming the premises satisfactory from Kent Fire and Rescue Service, filed with the Licensing Sub-Committee.
Reasons for determination:
6.
Public Safety
Reasons (state in
full):
It is necessary and proportionate to promote the licensing objective of public safety by conditions to secure that the premises are safe for the public following works.
7.
PRINT NAME (CHAIRMAN): Councillor Peter Parvin
Signed [Chairman]: A copy of the original document is held on file
Date: 04/08/08