LICENSING AUTHORITY: MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003
LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005
NOTICE OF DETERMINATION
Application Ref No: 20/01813/LAPRE
Applicant: KDG
Maidstone Ltd
Regarding German Donner Kebab 79-85 Week Street Maidstone kent ME14 1QX
Date(s) of hearing: 2nd October 2020
Date of determination: 2nd October 2020
Committee Members: [Chairman]: Councillor Hinder (B)
Councillor
Garten
Councillor Robertson
Legal Advisor in attendance at hearing(s): Robin Harris, Team Leader (Contentious), MKLS
Democratic Services Officer in attendance at hearing: Oliviya Parfitt
Senior Licensing Officer for application: Lorraine 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:
The Committee considered the representations, evidence and submissions of the following parties:
Applicant
· Name: Mr Gurjeet Dhillon
·
Legal or other
representative: N/A
Responsible Authorities
Kent Police (Made a representation which was subsequently withdrawn following proposed conditions being agreed and added to the operating schedule.)
Other Persons
Name: Ms Lisa Postiglione
Witnesses and legal representatives in support of interested parties
N/A
Representations considered in the absence of a party to the hearing:
N/A
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 4 which relates to the licensing objectives
Section 13 which relates to
responsible authorities;
Section 16-24 which relate to the grant 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;
The Committee has taken into account the following provisions of its Statement of Licensing Policy:
Chapter 17 which
relates to the 4 licensing objectives;
Chapter 17.9 – 17.15 which relates to the prevention of crime and disorder;
Chapter 17.16 – 17.18 which relates to
public safety
Chapter17.19 – 17.22 which relates to the prevention of nuisance;
Chapter 17.23 – 17.26 which relates to the prevention of children from harm;
The Committee has
decided to depart from the guidance under section 182 of the Act and or
the statement of licensing policy for the following reasons:
N/A
C: Determination:
The Committee has decided to:
- Grant the
application as applied for. (For clarity, this includes the conditions
that were agreed with the Police prior to the hearing subject to the
amendment of condition 1a to remove the reference to the sale and supply
of alcohol which is not relevant to this application.)
Reasons for determination:
Prevention of
Crime and Disorder
Reasons (state in full):
The
Sub-Committee noted that there were conditions agreed with Kent Police, but
that a CCTV condition related to the sale/supply of alcohol, which was not
relevant to this application. The Sub-Committee had regard to the written and
oral submissions from Ms Postiglione, but were satisfied that the operating
schedule, with Police conditions, amended for accuracy, was sufficient to
promote this licensing objective.
Public Safety
Reasons (state in
full):
The
Sub-Committee was satisfied that the operating schedule provided by the
applicant was appropriate and proportionate to promote this licensing objective
and noted that the Covid Secure capacity of the premises was closer to 30
people rather than 90. The Sub-Committee had regard to the representations made
by Ms Postiglione, but felt that they were outside the definition of public
safety within the meaning of the Licensing Act 2003.
Prevention of
nuisance
Reasons (state in
full):
The Sub-Committee had regard to the written representations received and the statements made during the hearing in relation to this licensing objective. The representations in as far as they were relevant, were predominantly concerned with noise from the premises and the disruption that this could cause to local residents and with the waste (litter) generated by the premises.
The applicant confirmed that they have substantial experience of managing late night food premises and their staff are well trained to deal with patrons that frequent these premises. The applicant further advised that there are bins immediately outside the premises and their operating model (franchise) requires them to litter pick in the immediate vicinity of the premises every day before the shop opens.
The applicant confirmed that as a business they were always open to the concerns of local residents who were welcome to contact them directly with any concerns. The applicant also advised the Sub-Committee that as a leaseholder, as well as the licensing objective they had obligations in their lease that protected the neighbours from causing a nuisance.
Taking into account all of the above, the Sub-Committee were satisfied that the operating schedule was sufficient to promote this licensing objective.
Protection of
children from harm
Reasons (state in
full):
The Sub-Committee noted that the representations made under this licensing objective related to public heath, rather than alcohol or sexual entertainment, none of which feature in this application. As such, the Sub-Committee was satisfied that the operating schedule provided by the applicant was sufficient to promote this licensing objective.
PRINT NAME (CHAIRMAN): C Councillor Bob Hinder
Signed [Chairman]:
A copy of the original document is held on file
Date: 5th October 2020