Agenda and draft minutes

Licensing Sub-Committee - Monday, 28th October, 2013 1.00 pm

Venue: Council Chamber - Civic Centre Folkestone

Contact: Sue Lewis 

Items
No. Item

1.

Election of a Chairman

Minutes:

RESOLVED: To appoint Councillor Michael Lyons as Chairman for this meeting only.

2.

Declarations of interest

Members of the Council should declare any interests which fall under the following categories*:

 

a)        disclosable pecuniary interests (DPI)

b)         other significant interests (OSI)

c)         voluntary announcements of other interests

Minutes:

There were no declarations of interest.

3.

Application for New Premise Licence for Saras Express

Test summary data for migration.  Report LC/13/04 sets out the facts for the Licensing Committee to consider in determining the grant of a premise licence. The licensing committee is the Licensing Authority acting in a role formally taken by the Magistrates Court. It is therefore not appropriate for officers to make additional comments other than in the capacity as a Responsible Authority under the legislation of the Licensing Act 2003. Therefore there are no comments from Legal, Finance or other officers included in this report.

Supporting documents:

Minutes:

Report LC/13/04 sets out the facts for the Licensing Committee to consider in determining the grant of a premise licence. The licensing committee is the Licensing Authority acting in a role formerly taken by the Magistrates Court. It is therefore not appropriate for officers to make additional comments other than in the capacity as a Responsible Authority under the legislation of the Licensing Act 2003.

 

The Sub-Committee heard oral evidence from the following witnesses:

 

Mr Muthiah Ginanendran, applicant

Mr Mackenzie Dillon, applicant’s solicitor

 

RESOLVED: Application granted as applied for and subsequently amended in the hearing namely:

 

Hours open to the public:

Monday to Sunday between the hours of 07:00 to 23.00

 

Hours for the supply of alcohol:

Monday to Sunday between the hours of 08:00 to 23:00

 

That the following conditions in the operating schedule be removed/amended:

 

Removed:

“The applicants do not and will not allow members of the public who have purchased alcohol from the promises to consume alcohol in the vicinity of the premises”

 

Amended to:

“The applicants will not allow members of the public who have purchased alcohol from the promises to consume alcohol in the vicinity of the premises and will monitor CCTV accordingly”

 

That the following conditions be added to the licence:

 

·           Supply two standard sized street litter bins placed outside the premises within the curtilage of the premises and fixed to the ground. Bin to be emptied each day at the start of the opening hours”;

 

·           A4 sized signage detailing the following:

 

“Please note that this is a residential area. Please act with due care and consideration for our residents”

 

One sign to be placed near the till point visible to those standing in the queue to pay.

 

One sign to be placed on both sides of the door, enabling it to be read going into the premises and coming out of the premises.

 

Reason:

 

1.         Prevention of Crime and Disorder

 

The Sub-Committee had regard to the representations made regarding this objective and the concerns expressed by the residents.

 

          Whilst the Sub-Committee felt sympathy towards the residents and their concerns, it was noted that all references to crime and disorder were in respect to past events before both this applicant and premise were there or were purely speculative in respect to what it was thought would/could happen.

 

The Sub-Committee were of the opinion that the measures in place as identified in the operating schedule would suitably alleviate any concerns in respect of this objective, namely the comprehensive use of CCTV both inside and outside which they thought ‘proved his worth’ as a suitable applicant.

 

It was noted that the police had not submitted a representation.

 

Further, it was noted that there premises had been operating under Temporary Event Notices without complaint in this regard.

 

2.      Public Safety

 

          No representations had been made regarding this licensing objective.

 

          However, the Sub-Committee noted that there appeared to be suitable fire safety equipment and that the company that the applicant had engaged to check the equipment was  ...  view the full minutes text for item 3.