Agenda and minutes

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

The Panel gave consideration to an application made by Dame Kelly Holmes of Doublegold Enterprises Limited for a Premises Licence under Section 17 of the Licensing Act 2003 in respect of premises known as Café 1809 at Old Florence Place, 152-154 Tonbridge Road, Hildenborough.  The application related to the provision of films, recorded music and supply of alcohol for consumption on the premises. 

The Panel gave careful consideration to the written report of the Director of Central Services and Monitoring Officer, the application set out at Annex 1 and the written representations from Kent Police and other parties included at Annexes 2 to 3 of the report.  The Panel heard in person from the Applicant and from Mrs R Crouch (local resident).

The Panel was advised that the representation from Kent Police had been withdrawn following the agreement of the Applicant to the conditions proposed in the written representation at Annex 3 of the report.

The Panel noted that, as a condition of planning permission issued for the change of use of the premises (Ref TM/13/02727/FL), a terminal hour had been set requiring that the premises should not be open to customers outside of the hours of 08.00 to 18.00 Monday to Saturday and 10.00 to 16.00 on Sunday unless otherwise agreed by the Local Planning Authority.  It was noted that the hours sought by the Applicant in the application for a Premises Licence were longer than permitted by the planning permission (Monday to Saturday).  Members were conscious that planning and licensing were separate statutory schemes and that the application before them must be determined on its individual merits under the Licensing Act 2003, having regard to the representations, licensing policy and statutory guidance.  The Panel noted that it was not bound by the decision of the Area 1 Planning Committee and vice-versa.  Furthermore, in the event of the Panel’s decision being in conflict with any existing planning restrictions upon the premises, the Applicant would need to make an application to the Council as Local Planning Authority to alter any planning restrictions.

In accordance with paragraph 13.18 of the Statutory Guidance, the Panel did not consider that the ‘need’ for licensed premises was a proper matter for their consideration under the Licensing Act 2003.

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 of the steps set out in Section 18(4) (if any) as it considers appropriate for the promotion of the licensing objectives.  The Panel also had particular regard to the provisions of the amended guidance issued under Section 182 of the 2003 Act in June 2014.

Having regard to the representations, both written and oral, the Panel considered that it would be appropriate to grant the licence subject to the imposition of suitable conditions in order to promote the licensing objectives.  It did not consider that any conditions additional to those required by the 2003 Act  ...  view the full minutes text for item LA 14/66

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

There were no items considered in private.