Agenda item

The Panel gave consideration to an application made by Mr David John House under section 34 of the Licensing Act 2003 in respect of premises known as “Hengist Village Restaurant and Gardens” at 7-9 High Street, Aylesford.  The application related to the variation of timings for the sale of alcohol authorised by a current licence. 

The Panel gave careful consideration to the written report of the Director of Central Services and Monitoring Officer, the application set out at Annex 2 to the report and the written representations received during the statutory consultation period as set out at Annex 4 (General Representations) and Annex 5 (Responsible Authorities) to the report. 

The Panel listened carefully to the representations made by Mr D House and Mr F Prescott in support of the application and by Councillor M Base (representing himself and other local residents who had made General Representations).  The Panel also heard from Ms E Keefe, Development Control Manager (Responsible Authority).

The Panel was mindful of its obligations under section 35(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 35(4) as it considers appropriate for the promotion of the licensing objectives.  The Panel took into consideration Chapters 2 and 9 of the guidance dated April 2018 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 took into account all of the representations from local residents, both written and oral, regarding noise and the potential for increased public nuisance contrary to the licensing objectives.  The Panel was also mindful of the applicant’s stated objectives for the increase in hours, namely to increase his business, in particular in relation to events, and of the consequences of this on the prevention of public nuisance objective.  The Panel was satisfied that the licensing objectives were met.

The Panel suggested that the premises licence holder bear in mind the original conditions of the licence and planning permissions.  The Panel recommended that steps be taken to improve the relationships within the village with residents who live near the Hengist Village Restaurant and Gardens. 

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 application to vary a Premises Licence be granted subject to the mandatory conditions set out in the Licensing Act 2003, the Conditions shown at Annex 3 of the current licence issued on 16 April 2018 and to the following:-