The report provides details of an application for the variation of a club premises certificate made under section 84 of the Licensing Act 2003 in respect of Aylesford Village Club, 57 Rochester Road, Aylesford
The Panel gave consideration to an application for the variation of a club premises certificate under Section 84 of the Licensing Act 2003 which sought to:
- open up an outside area for the consumption of alcohol; and
- have a relaxation of condition 2 to allow all doors and windows to remain open.
Careful consideration was given to the written report of the Director of Central Services and Deputy Chief Executive, together with the application and written representations received during the statutory consultation period. A number of oral representations were also made by the applicant and other interested parties during the Hearing.
The Panel was mindful of its obligations under section 84(3) of the Licensing Act 2003, which stated that, having regard to the application and representations, the licensing authority must take such steps set out in section 85 (4) as it considers appropriate for the promotion of the licensing objectives. Particular regard was also given to the provisions of the amended guidance issued under section 182 of the 2003 Act and the Council’s statement of licensing policy.
(1) during the pandemic, ventilation was required and that there could be a relaxation of the condition regarding the opening of windows and doors in line with Government Guidance;
(2) that this relaxation of the condition was only to be temporary and on the basis that the club did not cause a noise nuisance with the windows and doors open;
(3) the removal of Condition 2 (as set out in Annex 3) was not required to promote the licensing objectives and, therefore, this part of the variation to the premises certificate was rejected. The condition would remain on the club premises certificate; and
(4) the use of the fire door at the side of the building was monitored to ensure the door is kept closed at all times.
Regarding the application to license the outdoor area (shown on the map attached to the application) for the consumption of alcohol and for socialising in an outdoor environment, the Panel decided that the licensing objectives could be promoted by granting the application subject to the hours of use being limited to between 12:00 – 21:30 hours daily. After 21:30, no drinks may be taken outside. Club members will be allowed outside after 21:30 hours but only to use the designated smoking area.
RESOLVED: That the variation to the license to open an outdoor area be APPROVED; subject to
(1) the following condition:
1. Use of the outdoor area for the consumption of alcohol be permitted between the hours of 12:00 – 21:30 daily. After 21:30 hours, if members and their guests want to smoke, they may only use the designated smoking area;
(2) the position regarding the sale of alcohol for consumption off the premises remains the same as following the review hearing on 24th September 2019 i.e. off sales are excluded from the licence; and
(3) when considering the proposed structure to be used for the outdoor area, the Panel advised the applicant to contact the Council’s Environmental Health Department to discuss suitable noise abatement measures. The applicant was also advised to contact the Council’s Planning Department to ensure that any structure they choose to erect has the necessary permissions.