Agenda and draft minutes

Licensing Sub Committee
Tuesday, 10th December, 2019 10.00 am

Venue: Council Chamber, Council Offices, Cecil Street, Margate, Kent

Contact: Emily Kennedy 

Items
No. Item

678.

Election of Chairman

679.

Apologies for Absence

680.

Declarations of Interest pdf icon PDF 113 KB

681.

APPLICATION FOR VARIATION TO PREMISES LICENCE: CnS NEWS, HIGH STREET, MARGATE pdf icon PDF 87 KB

    Annexes 2 and 3 to follow.

    Additional documents:

    Minutes:

    Also present:

     

    Officers:  Penny Button, Head of Safer Neighbourhoods

      Jane Bennett, Licensing Team Leader

      Gavin Happe, Interim Senior Litigation Lawyer

      PC Justin Carter, Kent Police

     

    Applicant:  Mr Sinnathurai

     

    Applicant’s representative: Ms Sarah Clover

     

     

    Penny Button, Head of Safer Neighbourhoods outlined the report.

     

    The Applicant’s Representative addressed the Sub-Committee.

     

    Kent Police addressed the Sub-Committee.

     

    Kent Police asked questions of the Applicant.

     

    Members asked questions of the Applicant and Kent Police.

     

    Further to debate, Members agreed:

     

    "This was an application to vary a premises licence relating to C & S News of 138 High Street, Margate, Kent, CT9 1JW, made pursuant to section 34 of the Licensing Act 2003. 

     

    We have been asked to consider the removal of 4 conditions from this premises licence.  These conditions having been added to the premises licence by, Mr Sinnathurai, the premises licence holder, by way of an application for a minor variation in April 2018. 

     

    Those four conditions are as follows: -

     

    (1) no beer, cider or any alcoholic drink that is not wine or spirit shall be above 7%

     

    (2) all spirits shall be placed behind the counter

     

    (3) intoxicated street drinkers not to be served and dealt with robustly

     

    (4) no beer, cider or any alcoholic drink that is not wine or spirit shall be sold in single units

     

    We have heard from Counsel for the Applicant and from PC Justin Carter on behalf of Kent Police, as a Responsible Authority for the purposes of the Licensing Act 2003. 

     

    We have paid very careful attention to everything that has been placed before us.

     

    We are not satisfied that there is any evidence currently before this Sub-Committee which is capable of supporting the notion that any of the Licensing Objectives could, or would, be prejudiced if this application were to be granted. 

     

    We acknowledge that there are problems relating to street drinking and anti-social behaviour affecting the high street area of Margate.  However, we have no specific evidence before us that this particular premises is facilitating those problems or indicating that the premises is being operated in a way which could be described as being prejudicial to any of the Licensing Objectives. 

     

    We also note that there is a distinct inequity between the conditions on this premise licence as compared with those which apply to other, similar, premises in the immediate vicinity. 

     

    Accordingly, it is the Sub-Committee's unanimous decision to allow this application for the variation of the premises licence relating to C & S News.  The 4 conditions set out in this application are, therefore, removed from the premises licence."