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 Todo Sobre Limited for a Premises Licence under Section 17 of the Licensing Act 2003 in respect of premises known as “The Fancy Goat” at 40 High Street, West Malling.  The application related to the performance of plays; exhibition of films; Indoor sporting events; performance of live music; playing of recorded music; performance of dance; anything of a similar description to that falling within live music, recorded music of performance of dance; provision of late night refreshment and supply of alcohol. 

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 (set out in Annexes 5 and 9 to the report).  The Panel was advised that the representation from Kent Police had been withdrawn following the agreement of the Applicant to the conditions proposed in the written representation at Annex 5 of the report as amended by the email of the Licensing Coordinator (West Division) dated 17 August 2015.  The Panel was further advised that the representation from the Environmental Health Team had been withdrawn following the agreement of the Applicant to the conditions proposed in the representation at Annex 5 of the report as amended by the email of the Environmental Protection Team Manager dated 21 August 2015.

The Panel listened carefully to the representation made by Mr D Hook, Solicitor, on behalf of the applicant, Mr N Hossenboccus (General Manager and proposed Designated Premises Supervisor), Councillor Mrs S Luck (Borough Councillor for West Malling and Leybourne Ward) and by local residents Mr A Mills, Mrs P Hill, Mr A Austin and Mr S Donovan.  The Panel was made aware of the concerns of residents in respect of the proximity of the premises to residential properties, noise, the party walls between the premises and residential property, the Courtyard at the rear of The Fancy Goat being used by patrons late at night and the emptying of bottles in to bins by staff. 

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 s18(4) (if any) as it considers appropriate for the promotion of the licensing objectives.  The Panel had particular regard to the provisions of Chapter 9 of the amended guidance issued under Section 182 of the 2003 Act.  Having had regard to the representations, both written and oral, and in accordance with the objectives contained within the Licensing Policy of Tonbridge and Malling Borough Council, the Licensing and Appeals Committee, sitting as a Panel

RESOLVED:  That the Premises Licence be granted as follows:-

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.