Agenda and draft minutes

Licensing Act Sub-Committee - Tuesday, 5th November, 2024 11.30 am

Venue: Council Chamber - Civic Centre Folkestone. View directions

Contact: Alex Baker 

Note: Please note - we are experiencing technical difficulties and this meeting will not be available for live streaming. Apologies for any inconvenience caused 

Media

Items
No. Item

5.

Election of Chair for the meeting

Additional documents:

Minutes:

Proposed by Councillor Meade

Seconded by Councillor Shoob; and,

 

Resolved:

That Councillor Polly Blakemore be elected Chair of the meeting.

 

6.

Declarations of interest

Members of the Council should declare any interests which fall under the following categories:

 

a)       disclosable pecuniary interests (DPI)

b)       other significant interests (OSI)

c)       voluntary announcements of other interests

Supporting documents:

Minutes:

There were no declarations of interest.

7.

Declarations of lobbying

Members should complete the enclosed form and return it to the Committee Administrator at the meeting.

Supporting documents:

Minutes:

There were no declarations of lobbying.

 

8.

An application for a Review of a Premises Licence in respect of: The Star Inn

To consider an application for a Review of a premises licence under Part 3 section 51 of the Licensing Act 2003 made by DI Wyles on behalf of Kent Police, in respect of The Star Inn, St Mary in the Marsh, Romney Marsh.  The Licensing Sub-Committee must determine the outcome for the application.

 

This application was due to be heard at the previous meeting of the Licensing Act Sub-Committee held on 24 October 2024, but was adjourned at the request of the applicant.

Supporting documents:

Minutes:

The report considered an application for a Review of a premises licence under Part 3 section 51 of the Licensing Act 2003 made by DI Wyles on behalf of Kent Police, in respect of The Star Inn, St Mary in the Marsh, Romney Marsh. The Licensing Sub-Committee were therefore asked to determine the outcome for the application.

 

The application was due to be heard at the previous meeting of the Licensing Act Sub-Committee on 24 October 2024, but was adjourned at the request of the applicant.

 

After the Senior Licensing Officer introduced the report, relevant representations were received from the following responsible authorities and interested parties:

 

1.      Kent Police

 

The Sub-Committee heard from PC Alastair Pringle, a Licensing Officer with Kent Police. PC Pringle advised they have requested a review of the license having followed a staged approach to licensing enforcement. Kent Police have the following concerns:

 

  • Breaches of conditions in relating to the premises failing to supply CCTV on two separate occasions, which obstructed police investigations.
  • Poor management and timekeeping in respect of the licensed hours.
  • Allowing a drunk individual to remain on the premises.
  • Failing to support a police prosecution.
  • Evidenced unauthorised sales of alcohol.

 

PC Pringle summarised the above points, and stated that simply adding conditions is not an option. In this case, he advised Kent Police see no other avenue than revocation.

 

Representations

 

Ms Duffy’s representative spoke on her behalf, advising she has taken a number of steps to address the issues raised by Kent Police and FHDC. These were explained to the Sub-Committee in detail and are summarised in the decision notice.

 

The Sub-Committee also heard from Antoinette Burgess, the new Designated Premises Supervisor. She confirmed that new CCTV has been put in, and that she regularly visits the premises unannounced, up to 5-6 times a week.

 

Exclusion of the Public

 

Proposed by Councillor Meade

Seconded by Councillor Polly Blakemore; and,

 

 

Resolved:

 

To exclude the public for the following item of business on the

grounds that it is likely to disclose exempt information, as defined in paragraph 2 of Part 1 of Schedule 12A to the Local Government Act 1972:

 

‘Information which is likely to reveal the identity of an individual.’

 

The vote was held to allow Members to view the bodycam footage supplied by the Senior Licensing Officer.

 

The Sub-Committee carefully considered and gave the appropriate weight to the following: -

 

·         The views of Kent Police and the Senior Licensing Officer

·         Representations made on behalf of the license holder

·         Comments made by the Designated Premises Supervisor

·         The evidence and nature of suspected breaches of the license

 

Proposed by Councillor Polly Blakemore

Seconded by Councillor Shoob; and,

 

Resolved to:

 

1.     Revoke the Licence 

 

(Voting: 3 For, 0 Against, 0 Abstentions)

 

In arriving at the decision, the Sub–Committee considered the application and all relevant verbal and written submissions presented at the hearing. The Sub-Committee considered the Licensing Act 2003 and the section 182 guidance issued by the Secretary of State, as well as Folkestone and Hythe  ...  view the full minutes text for item 8.