Agenda item

Premises Licence for St Mildreds Bay, Westgate

Minutes:

Also present:

 

Officers:  Penny Button, Head of Safer Neighbourhoods

  Gavin Happe, Interim Senior Litigation Lawyer

  Christopher Brown, Environmental Protection Officer

  Katy Lane, Environmental Protection Officer

 

Applicant: Mr Glicksman

Applicant’s representative: Mr Kheng

 

Members of the public making representations: Ms Yull, Mr Haystead, Ms Holmes, Mr Cottrell

 

Penny Button, Head of Safer Neighbourhoods outlined the report.

 

The applicant’s representative addressed the Sub-Committee.

 

The Environmental Protection Officer asked questions of the applicant

 

Members of the public asked questions of the applicant.

 

Members asked questions of the applicant.

 

The Environmental Protection Officer addressed the Sub-Committee.

 

Members of the public asked questions of the Environmental Protection Officer.

 

Members asked questions of the Environmental Protection Officer.

 

Members of the public addressed the Sub-Committee.

 

All parties summarized their representations.

 

Further to debate, Members agreed:

 

This was an application to vary Premises Licence Number LN/2005118, relating to premises known as The St Mildred's Bay, Beach Road, Westgate on Sea, Kent, CT8 8AD.

 

The Applicant, represented by Mr Kheng, submitted an amendment to his original application for a variation of the Premises Licence, on 6th February 2020, reducing the scope of what was originally sought.  It is the amended application that was put before the Sub-Committee at this hearing. 

 

The amendment to the application, redefined the area to be licenced excluding part of the promenade.  The following licensable activities were removed from the application; films; live music; recorded music (save top the extent that it was already authorised by the existing premises licence); and the performance of dance. 

 

The portion of the application relating to late night refreshment:

 

- Provision shall take place indoors only.

- Hours applied for:

  Sunday to Thursday, inclusive, from 23:00 hours until 00:15 hours the following day

  Friday and Saturday from 23:00 hours until 01:15 hours the following day 

  On the day following a Friday, Saturday and Sunday of a Bank Holiday weekend and on the day following Christmas Eve hours extended to 01:45 hours

  On the day following New Year's Eve hours extended until 02:45 hours

 

The portion of the application relating to sales of alcohol (in addition to the existing premises licence):

 

- On the premises:

  Seven days a week, from 08:00 hours until 10:00 hours

  Sunday from 23:30 hours until 00:15 hours the following day

  Monday to Thursday inclusive from 00:00 hours until 00:15 hours

  Friday and Saturday from 00:00 hours until 01:15 hours the following day

  On the day following a Friday, Saturday and Sunday of a Bank Holiday weekend and on the day following Christmas Eve hours extended until 01:45 hours

  On the day following New Year's Eve hours extended until 02:45 hours.

 

- Off the premises:

  Seven days a week from 10:00 hours until 23:00 hours

 

The portion of the application relating to Opening Hours: 

 

- Sunday to Thursday, inclusive, from 06:00 hours until 00:30 hours the following day

- Friday and Saturday from 06:00 hours until 01:30 hours the following day

- On the day following a Friday, Saturday and Sunday of a Bank Holiday weekend and on the day following Christmas Eve hours extended until 02:00 hours

- On the day following New Year's Eve hours extended until 03:00 hours

 

 

We have heard evidence from the Applicant, the Environmental Health Officer, and a number of local residents, in addition to a considerable number of written representations.  We have paid very close attention to all of the material put before us. 

 

We note, in particular, that local residents have a genuine concern regarding the potential for the operation of these premises to result in noise outbreak causing prejudice to the Prevention of Public Nuisance Licensing Objective. 

 

In all the circumstances and having considered all of the evidence before us, we are satisfied that the revised application to vary this Premises Licence can be granted. 

 

However, in order to prevent prejudice to the Licensing Objectives, specifically the Prevention of Public Nuisance objective, and to help allay the concerns expressed by local residents; we consider it both appropriate and necessary in all the circumstances, for the promotion of the Licensing Objectives to impose the following condition on the licence:

 

Condition

 

- "All doors and windows at the premises must be closed at 21:00 hours each day except to allow for access to and egress from the premises."

 

We also noted that the existing Premises Licence does stipulate that sales of alcohol are to be ancillary to a table meal.

Supporting documents: