Resolved: That Cllr. Fittock be appointed Chairman of the meeting.

No declarations of interest were made.

The Hearing gave consideration to a report by the Community and Planning Services Director giving details of an application for a Premises Licence for the The Mobile Catering Unit, Lay-By, Adjacent to the Portobello Inn, London Road, West Kingsdown, Kent. TN15 6JB .  The application was made by Mr. Hudayi Tulu, 32 Adam Close, Crowborough, East Sussex TN6 3DT.  It was noted that an objection had been received and that accordingly the application had been referred to the Sub-Committee for determination. 

No representatives of West Kingsdown Parish Council, the objectors, were present.  However a late submission had been sent to the Licensing Officer.  The Chairman advised that the Sub-Committee had not seen this information and asked the Applicants if they agreed that it be submitted.  The Applicants agreed and paper copies of the email were circulated.

The Chairman adjourned the Hearing to provide all those present with an opportunity to read the late submission from the Parish Council.

At  10.54 a.m. the Hearing adjourned.

At  10.59 a.m. the Hearing reconvened.

The Hearing heard from the applicant’s representative in support of the application.  In response to the issues raised in the late submission, the applicant’s representative replied that they had offered to reduce the hours of operation applied for by one hour on Fridays and Saturdays to coincide with the Public House opening hours which the Parish Council had still objected to; that they had consulted Kent Highways and had understood that as they were causing no obstruction to the highway there was no problem with them parking there; and that the mobile catering unit did trade on Sundays but only until 8.00 p.m.  The application therefore stood as applied for.

The Legal Advisor responded that the licence application was a separate issue to the highways issue, which was a matter for Kent Highways to consider, but that the Hearing did need to assess the application against the licensing objectives and one of those objectives was public safety. 

In response to questions about possible noise nuisance, the applicant’s representative advised that no generator was used, the engine was not run and the extraction fan ran off the battery.  The van was parked near a public house and car park in a lay-by on a busy road.  The window of the unit faced the footpath, and there was still enough room in the lay-by for a bus.

At  11.15 a.m. the Hearing Members and Council’s Legal Adviser withdrew to consider the issues raised.

At  11.26 a.m. the Hearing Members and Council’s Legal Adviser returned to the Council Chamber.

The Chairman informed the Hearing that the Sub-Committee had had regard to the representations made by the Applicant and interested parties, to the guidance issued under s.183 of the Licensing Act 2003 and the Council’s statement of Licensing policy.

It was therefore unanimously,

Resolved: That the Premises Licence in respect of The Mobile Catering Unit, Lay-By, Adjacent to the Portobello Inn, London Road, West Kingsdown, Kent. TN15  ...  view the full minutes text for item 3.