Agenda and minutes

There were no apologies for absence.

There were no Substitute Members.

Councillor McKay was in attendance.

There were no disclosures by Members or Officers.

Councillors Mrs Grigg and Naghi disclosed that they had been lobbied in respect of Agenda Item 7 – Application for Sex Establishment Licence for Tantric Blue, 9 Gabriels Hill, Maidstone.

RESOLVED: That the Items on Part II of the Agenda be taken in private as proposed.

The Committee considered the report of the Head of Democratic Services regarding an application for a Sex Establishment licence for 9 Gabriels Hill, Maidstone.

The Legal Advisor to the Committee outlined the order of considerations to be made, dealing with late objections received, to consider and determine the application and, with regard to the Council’s current policy, on determining the locality and appropriate number of sex establishments in the borough.

The Chairman requested those persons participating in the hearing to identify themselves, this included the Members of the Committee, the Head of Democratic Services, the Legal Advisor, the Committee Clerk, the applicant and his representative, and those making representations who wished to speak.

The Committee were informed that forty nine objections and 3 letters of support had been received outside the time during which members must have regard to them. However, Members had discretion to have regard to them having considered whether they were intentionally late, would cause any prejudice to the applicant, unreasonable disruption to Council business and any reasons given for lateness. 5 late objectors addressed the Committee and indicated that they had not heard about the application until after the 28 day period had passed and had not been intentionally late, they requested that members operate their discretion to admit late objections and hear from them. The applicant’s representative indicated that no late objections had been received close to the cut off date and a number had been in the last week. He invited the Committee to draw a distinction and consider only the earlier ones, if any. He also said that Members were being asked for two things, firstly to consider the objections and secondly to allow those objectors to address the Committee by speaking, submissions and questioning witnesses. He asked that if admitted just the written objection be allowed. Members decided that they would have regard to all the objections and letters of support received late and hear any representations made by their authors who wish to speak, because in their view all information should be available to the Committee and there would be no prejudice to the applicant, who had received copies of these prior to the meeting and had the opportunity to deal with them.

All late objectors and/or their representatives were given an opportunity to state their case regarding the late objections.  The applicant’s representative stated that they would accept those objections received just after the closing date, but felt those received within the last week should not be considered.  Having considered the statements made, the Committee agreed to accept all the late objections and letters of support received.

An application was made by Sir Tony Baldry MP of counsel, representing Players, an objector, on the basis that members should refuse this application without further need for hearing because, as a matter of fact, the premises fell within the relevant locality determined by members, on 22, October 2012, in relation to premises at 87-88, Bank Street, for which they found the appropriate  ...  view the full minutes text for item 66.

10 am to 6.16 pm.