Agenda item

The persons participating in the hearing were identified as follows:

Chairman – Councillor Springett

Committee Member – Councillor Hinder

Committee Member – Councillor J Sams

Legal Advisor – Mr Robin Harris

Senior Licensing Officer – Lorraine Neale (in attendance virtually)

Democratic Services Officer – Miss Oliviya Parfitt

Applicant – Chief Inspector Chris Woodward on behalf of Kent Police

For the Applicant:

PC James Williams – Kent Police

Respondents and Representative – Mr Othman Ktifi (Licence holder), Miss Antonia Locatelli (DPS) and Mr Colin Pope of Dadds LLP Licensing Solicitors

All parties confirmed that they were aware of the Sub-Committee hearing procedure and had each received a copy of the hearing procedure document.

The Sub-Committee agreed to proceed in the absence of the objector and noted the additional comments received that had been distributed to the panel Members. The Sub-Committee confirmed that they had read the papers.

The Chair explained that:

· The Sub-Committee would allow all parties to put their case fully and make full submissions within a reasonable time frame.

· 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 person attending the hearing who behaved in a disruptive manner may be directed to leave the hearing by the Sub-Committee (including temporarily) after which, such person may submit to the Sub-Committee over the Instant messaging facilitating any information which that person would have been entitled to give orally had the person not been required to leave the meeting. If this is not possible, they may be permitted to speak at the Chair’s Invitation.

The applicant and respondent’s representative confirmed that they had agreed a draft set of conditions.

Prior to their consideration, the Senior Licensing Officer introduced the report and noted that the hearing had originally been scheduled for the 20 September 2021 but had been postponed under Regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005.

The review had been requested by Chief Inspector Chris Woodward following a series of incidents that had caused concern regarding the venue’s management which posed a risk to the safeguarding of patrons both inside and outside of the venue and the local community.

Two particular incidents on the 4 and 6 September 2021 were highlighted, alongside the non-adherence to the relevant Covid-19 legislative requirements (when in force). The proposed measures by Kent Police were briefly outlined, with the discussion between the applicant and respondents’ representative noted.

PC James Williams and Mr Colin Pope confirmed that they had agreed upon a set of draft conditions, which were outlined to the panel. Mr Harris highlighted several inconsistencies within the proposed conditions; incorrect numbering, that the training requirements had been outlined in more than one condition and to question the necessity of risk assessments for external events when these were to be prohibited. The conditions were amended with the agreement of the applicant’s and respondents’ representatives.

The panel questioned how the venue’s events would be ‘primarily’ sporting events and requested that the staff training requirements were made compulsory rather than advisory. Mr Pope stated that venue was regarded as a snooker hall, and included provision for darts games, chalkboards and television screens to be used, for example, to display football games.

In assessing the draft conditions, the panel questioned how the premise’s adherence to the conditions would be assessed as the previous advice given by Kent Police had not been adhered to. PC Williams stated that he patrolled the local area on Friday and Saturday nights and hoped for additional staffing resources in the future as the Covid-19 pandemic came to an end. If PC Williams was unavailable, other officers would attend the area on his behalf.

In response to questions, PC Williams confirmed that he was satisfied with the draft conditions (as proposed and amended) and that a suspension of the premises licence was no longer required, with the premises’ policies as referred to in the conditions to be sent to him by Friday 15 October 2021. Miss Antonia Locatelli confirmed that the CCTV was now accessible.

Mr Harris requested confirmation that the staff training requirements and ‘Challenge 25’ training, as outlined in separate conditions, were both required; both parties agreed their necessity.

PC Williams confirmed that there was no desire to limit in the number of events held, as the respondents had agreed to the prohibition of externally promoted events and promoters, which had been the main concern. PC Williams confirmed that they were happy with the conditions proposed. The modified conditions were to take place with immediate effect.

Mr Pope thanked the panel for their time and stated that his client was willing to work with Kent Police and that there would be no repetition of the previous mistakes made.

The Chair advised that the Sub-Committee would retire for deliberation with the legal advisor present.

The meeting was adjourned for deliberations between 1.45 p.m. to 2.30 p.m.

The Sub-Committee returned and the Chair stated that the decision had been made to modify the premises’ licence in accordance with the conditions put forward as accepted by both parties during the hearing. The final amendments made to the wording of the conditions were outlined.

It was confirmed that a written decision would be provided within five working days. Parties were reminded of the right of appeal to the Magistrates Court.

The meeting closed at 2.36 p.m.

RESOLVED: That the Sub-Committee’s decision and reasons be provided within the Notice of Determination attached as an Appendix to the minutes.