Agenda and minutes

Licensing and Appeals Panel - Monday, 5th February, 2018 10.00 am

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

LA 18/1

Declarations of Interest

Minutes:

There were no declarations of interest made in accordance with the Code of Conduct.

Decisions taken under Delegated Powers in accordance with paragraph 3, Part 3 of the Constitution

LA 18/2

Application for a new Premises Licence for African Lodge and Marquee, Tower Hill, Offham pdf icon PDF 100 KB

Additional documents:

Minutes:

The Panel gave consideration to an application for a Premises Licence made by Mr Ian Barwick under Section 17 of the Licensing Act 2003 in respect of premises known as African Lodge and Marquee, Kentfield Farm, Tower Hill, Offham.  The application related to the Sale of Alcohol, Live Music, Recorded Music and Late Night Refreshment.

 

The Panel gave careful consideration to the written report of the Director of Central Services and Monitoring Officer, the application set out at Annex 3 to the report and the written representations received during the statutory consultation period (as set out at Annexes 6, 7, 8, 9 and 10 to the report).  In addition the Panel had regard to the Noise Consultant’s report (set out at Annex 11) and the Applicant’s response to the written representations (set out at Annex 12 to the report). 

 

The Panel listened carefully to the representations made by Mr S Thomas on behalf of Mr Barwick, Ms E Shaw on behalf of Kent Police, Mr P Thomason of the Environmental Protection Team, Ms E Keefe of Planning Services, Mrs W Williams on behalf of Offham Parish Council and as a local resident and local residents, Mr T Berman, Mrs C Innes and Mrs V Patrick.

 

The Panel was mindful of its obligations under Section 18(3) of the Licensing Act 2003 which stated that, having regard to the relevant representations, the Licensing Authority must take such steps set out in Section 18(4) as it considers appropriate for the promotion of the licensing objectives.  The Panel took into consideration the guidance dated April 2017 provided by the Secretary of State under s.182 of the Licensing Act 2003 as well as the Council’s own Statement of Licensing Policy. 

 

The Panel attached particular weight to the representations from local residents regarding noise, the report from Mr C Beale of SPL Track Environmental and the response of Mr P Thomason to that report.

 

The Panel was satisfied that the licensing objectives could properly be furthered with the imposition of mandatory conditions, conditions consistent with the operating schedule and those conditions agreed by the applicant with the Responsible Authorities (Kent Police and Tonbridge and Malling Borough Council Environmental Protection).

 

Having had regard to the above the Licensing and Appeals Committee, sitting as Panel, concluded that, in order to promote the Licensing Objectives, particularly the prevention of public nuisance, the application could be approved and, therefore,

 

RESOLVED:  That the Premises Licence be granted subject to the mandatory conditions as set out in the Licensing Act 2003, such conditions as are consistent with the operating schedule accompanying the application and the following conditions:-

 

Section E

Performance of Live Music (indoors only)

Monday until Sunday from 23:00 hours until 24:00 hours (midnight)

Section F

Playing of Recorded Music (indoors only)

Monday until Sunday from 23:00 hours until 24:00 hours (midnight)

Section I

Provision of late night refreshment (indoors only)

Monday until Sunday from 23:00 hours until 24:00 hours (midnight)

Section J

Supply of alcohol for consumption both on  ...  view the full minutes text for item LA 18/2

LA 18/3

Exclusion of Press and Public pdf icon PDF 28 KB

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information

Minutes:

There were no items considered in private.