(Fawkham and West Kingsdown)

The Hearing gave consideration to a report by the Community and Planning Services Director giving details of an application under the Licensing Act 2003 for a premises licence at Eureka! (UK) Ltd Manor Lane, Fawkham, Longfield, Kent DA3 8ND.  It was noted that objections had been received and that accordingly the application had been referred to the Sub-Committee for determination.

The Hearing heard from the applicant that he had spoken to the objector immediately prior to the meeting and felt that discussion between the parties could have avoided the hearing.  There had previously been a meeting arranged with the Parish Council but he had unfortunately been in hospital and had missed it.  Pending today the Parish Council had declined another meeting until the outcome of the hearing.  He explained many of the complaints arose from a one off day event that he would not hold again.  He disputed claims of noise nuisance stating that it was impossible to hear the music from outside the clubhouse.  He was a responsible owner who took pride in looking after his clientele and being a good neighbour.  He would be very happy to hold regular meetings with the Parish Council.

In response to questions from the Sub committee the applicant replied that the only real change since it opened in 1974 was management.  It also used to be a family club but had been changed to over 18s only for evening parties.  He responded to questions concerning memberships and capacity.   It was not a night club but gatherings of like minded people.  He kept the boundary patrolled and secure but could not help the odd person wandering off, he in turn had helped other people who had wandered onto his land by mistake.   In response to questions from the objectors he advised that there was no evidence of drug use in the club house or cabins.  He did not see the introduction of the cabins as a change of use of the site but as a natural progression as members had slept in the club house before

Councillor Mrs Parkin spoke in her capacity as Ward Member on behalf of residents objecting to the application, Mr Moss represented the Parish Council. The Hearing heard from the objectors who stated that the site had been there a long time but more recently activities appeared to be having more of a significant and detrimental impact on neighbouring residents.  Residents did not like complaining, but had attended a Parish meeting to express their concerns when a planning application was being considered. Granve concern was expressed by the Local Member at the extent of the application and the hours applied for. 

In response to questions from the Sub committee as to why there had been so few complaints and objections since it opened in 1974 the objectors advised that residents were generally conditioned to noise due to the proximity of the M20 and Brands Hatch. 

At 11.55 a.m. the Hearing Members, withdrew to consider the issues raised. The Council’s Legal Advisor was available to give advice as required to the members and Clerk attended to note the decision.

At 12.25 p.m. the Hearing Members, Council’s Legal Advisor and Clerk 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 as well as 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 a Premises Licence in respect of Eureka! (UK) Ltd Manor Lane, Fawkham, Longfield, Kent DA3 8ND, subject to the conditions contained in the licence attached as an appendix to these minutes, be granted.

*Minutes agreed at meeting of the Licensing Committee held on 30 January 2013 subject to this amendment