Agenda and draft minutes

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Resolved; That the items on the agenda be taken in public as proposed but the deliberations relating to agenda items 4 and 5 relating to the application for a betting premise licence for Paddy Power at 9 Gabriels Hill, Maidstone be taken in private because of the possible disclosure of the financial or business affairs of Power Leisure Ltd and possible legal issues.

The Head of Democratic Services introduced his report and explained that an application had been received from Power Leisure Bookmakers Ltd for a betting premises licence for Paddy Power at 9 Gabriels Hill, Maidstone and through the normal process 1 representation had been received from Mr Lawrence Martin. He then made reference to 1.4.4 of the report that “S162 of the Act requires that the Licensing Authority must hold a hearing if an interested party has made a representation which is not withdrawn but MAY determine such an application without a hearing if they think the representations made are vexatious, frivolous or will certainly not influence the authority’s determination of the application. He indicated that will certainly not influence the authority’s determination of the application was the important phrase to be considered in this case as it was not considered that frivolous and vexatious were applicable. He said that there were no issues raised within the representation,  indicating lack of accordance with the Gambling Commission Guidance, codes of practice and the Authority’s statement of licensing principles or lack of consistency with the licensing objectives and recommended that members agree the recommendations in the report “In accordance with S162 (3)(c) of the Gambling Act 2005, that it be determined that Mr Martin’s representation “will certainly not influence the authority’s determination of the application” and move to 1.3.2 “That it be agreed that as a result of the above no hearing be held into the application for a betting premise licence for 9 Gabriels Hill by Paddy Power”. He also recommended consideration of the decision be taken in private and therefore the Sub-Committee:-

Resolved: That the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information for the reason specified, having applied the public interest test:-

  Head of Schedule 12A   and Brief Description

To Determine whether a representation   Paragraph 3 – Financial/

received under S162(3)(c) of the Gambling   Business Affairs

Act 2005 "will certainly not influence the   5 - Legal Professional 

authority's determination of the application"  Privilege/Legal Proceedings in respect of Paddy Power,

9 Gabriels Hill

Decision made: Members of the sub-committee have considered the representation made on 16, April 2012 by Mr L.J Martin, chairman of the Golden Boot, a business at 25 – 31, Gabriels Hill, Maidstone, relating to an application for a Betting Premises licence at 9, Gabriels Hill, Maidstone by Power Leisure Bookmakers Ltd.

Whilst accepting that he is an interested party under s158 of the Act they determined that his representation will certainly not influence the authority’s determination of the application and having considered their discretion to determine the application without a hearing on that basis also decided to determine the application without a hearing.

Their reasons for this decision are that all determinations are required by s153 of the Gambling Act 2005 to aim to permit the use of premises for gambling so far as they think it is in accordance with any relevant  ...  view the full minutes text for item 4.

The application was outlined to members by the Head of Democratic Services as per the papers and recommended consideration of the decision be taken in private and therefore the Sub-Committee:-

Resolved: That the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information for the reason specified, having applied the public interest test:-

  Head of Schedule 12A   and Brief Description

To grant a betting premises licence in  Paragraph 3 –

respect of Paddy Power, 9 Gabriels Hill   Financial/business affairs

under the Gambling Act 2005  5 - Legal Professional 

  Privilege/Legal Proceedings

Decision made: Having considered the application and accompanying documents applying s153 of the Act, the duty to aim to permit the use of premises for gambling in so far as it is in accordance with any code of practise under s 24, any relevant guidance issued by the Gambling Commission under s25, reasonably consistent with the licensing objectives (subject to those two) and in accordance with the authority’s statement of principles under S349 (subject to those 3). They cannot consider expected demand for the proposed facilities.

Sub-Committee Members were satisfied that the no matters were raised by the representation or otherwise such that the application did not comply with any of the above. The Sub-Committee were satisfied that the usual requirements of the Code of Practice, mandatory and default conditions nationally were sufficient and proportionate for this application.

The application is, therefore, granted as applied for.

Informative- parties should be aware that a licence can be reviewed should relevant issues arise.

This decision can be appealed by the applicant or persons making representations; to the Magistrates Court within 21 days of this decision being notified.

10.00am – 11.15am