Resolved: That Cllr. Clark be appointed as Chairman of the meeting.

(Cllr. Clark in the Chair)

There were no additional declarations of interest.

(Eynsford)

1.    Procedure at Sub-Committees of the Licensing Committee (established in accordance with Section 9 of the Licensing Act 2003)

1.1         In accordance with Section 9(1) of the Licensing Act 2003, the Licensing Committee has resolved to establish Sub-Committees, each consisting of three members of the Committee.

1.2     The Sub-Committees have delegated authority to determine those

functions that are reserved for decision by the Sub-Committees in

accordance with Appendix B of the Council’s Statement of Licensing Policy dated 7 January 2011.

1.3     Hearings shall be conducted in accordance with this Procedure Note and The Licensing Act 2003 (Hearings) Regulations 2005 subject to the right of the Sub-Committee to vary that procedure at their absolute discretion if considered in the public interest.

1.4     The quorum for a Sub-Committee shall be two members.

1.5          At the commencement of each hearing the Sub-Committee shall elect one of its members as Chairman.

1.6          The order of business at hearings shall be:

(a) Election of Chairman.

(b) Declarations of interests.

(c) Chairman explains the procedure to be followed at the hearing,

including the setting of equal time limits for all parties and the

granting of adjournments.

(d) Chairman ascertains who is assisting or representing the parties.

(e) Applicant (or his/her representative) addresses the Sub-Committee.

(f) Applicant questioned by members. At the discretion of the Sub-

Committee other parties may be permitted to question the applicant.

(g) Persons who have made representations in respect of the application(or their representative) address the Sub-Committee. No issues other than those relevant to their representations may be raised.

(h) Members question each party at the conclusion of their address. At the discretion of the Sub-Committee, the applicant may be permitted to question other parties.

(i) Sub-Committee may offer the parties a short adjournment to discuss in the absence of the Sub-Committee whether a solution acceptable to all the parties can be put to the Sub-Committee.

(j) Applicant (or his/her representative) makes closing address.

(k) Sub-Committee may grant a short adjournment. The parties may not speak to members regarding the application during adjournments.

(l) The Sub-Committee considers the application and motions put to

accept or reject the application in the terms requested or to grant

the application subject to specified conditions. Reasons are to be

given for motions.

(m) The parties will be informed of the decision at the hearing or

thereafter in accordance with Regulation 26 of the 2005 Regulation.

The Hearing gave consideration to a report by the Chief Officer Environmental and Operational Services giving details of an application under Section 17 of the Licensing Act 2003 for a premises license for St. Martin of Tours Church, Station Road, Eynsford, Kent DA4 0EH. It was noted that objections had been received but not withdrawn and accordingly the application had been referred to the Sub-Committee for determination.

The Hearing heard from the applicants who advised that the church had been through some renovations to make the building more of a community asset to be used by different local organisations and the church itself. It was believed that applying for Temporary Event Notices each time an event was to be held would be more complicated than holding a premises licence. They advised that they expected events to be held at weekends, but consideration had been given to New Year’s Eve and if this date was to fall on a weekday.  They therefore felt it was necessary to apply for the sale of alcohol at hours up until midnight on each day. The Parochial Church Council (PCC) would have to agree all hire requests.

In response to questions the applicants advised that the events that would take place would be similar to Christmas or Summer fayres and events run by local groups. Wedding receptions and birthday parties would not be allowed; there were local pubs and a Village Hall nearby which could host such events. The applicants envisaged that 18 – 20 events a year would take place, with at least 6 to be held by the Church itself, and wanted the sale of alcohol and raffles to be fully legal. Alcohol would be served from a serving hatch and if there were questions regarding age, ID would be asked to be shown. Apart from the Communion wine, alcohol was not stored in the church, and would only be brought onto the premises for events approximately a day in advance.

In response to further questions from the Members the applicants advised that they would be happy to vary the hours requested so that they would only seek the supply of alcohol on a weekday until midnight on New Year’s Eve. Otherwise they would be content to be licensed on weekdays until only 11pm. They would not object to a condition that the PCC Member opening and closing the premises or authorising a sale of alcohol be at least 18 years of age.

In summing up the applicants advised that they were concerned there had been some misunderstandings and the events during a working week would be a small number over a year. The PCC were aware that the church building was primarily for worship and would only allow concerts and other events to be run by responsible adults. They understood there were concerns surrounding timings but this was their understanding of the application form.

At 10.58 a.m. the Hearing Members withdrew to consider the issues raised with the Council’s Legal advisor  ...  view the full minutes text for item 3.