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Agenda, decisions and minutes
Venue: Council Chamber, Muriel Matters House, Breeds Place, Hastings, TN34 3UY. Please enter the building via the Tourist Information Centre entrance.
Contact: Democratic Services on 01424 451484 email: democraticservices@hastings.gov.uk
Items No. Item Appointment of Chair for this Meeting
Minutes:
In accordance with the terms of reference of the Licensing Committee, the council solicitor invited nominations for the appointment of Chair for the duration of the meeting.
Councillor Roberts proposed that Councillor Sinden should take the Chair, seconded by Councillor Roark.
RESOLVED (unanimously): that Councillor Sinden be appointed as Chair for the duration of the meeting.
Apologies for absence
Minutes:
Apologies for absence received from Councillor Cox.
Minutes of previous meeting PDF 262 KB
Minutes:
RESOLVED – (Unanimously) that the minutes of the meeting held on 22nd December 2021 be approved as a true record.
Declarations of Interest
Minutes:
Councillor
Minute
Interest
Roberts
18. Application for variation of a premises licence with representations, Carib De L’Afrique, York Buildings, Wellington Place, Hastings
Personal – Knows Mr Brett McLean and has spoken to him on numerous occasions
Sinden
18. Application for variation of a premises licence with representations, Carib De L’Afrique, York Buildings, Wellington Place, Hastings
Personal - Knows Mr Brett McLean and has spoken to him on numerous occasions
Additional documents:
- Appendix A Premises_licence_variation Carib D L'Afrique final_Redacted , item 18. PDF 2 MB
- Appendix B Map , item 18. PDF 127 KB
- Appendix C Premises licence transfer & change dps 13062019 , item 18. PDF 531 KB
- Appendix D Licensing report amended 16032022. , item 18. PDF 228 KB
- Appendix E EH Licensing Memo -Carib De L'Afrique , item 18. PDF 141 KB
Decision:
GRANT OF VARIATION
We have listened carefully to all the submissions and we are bound to be directed by the promotion of the Licensing Objectives and Material Consideration of:
- Prevention of Crime and Disorder
- Public Safety
- Prevention of Public Nuisance
- Protection of
Children from Harm
On balance, the Sub-Committee accepts the evidence provided in support of the application and has decided to grant the variation of the licence.
In recognising the concerns raised about the specific issues under the Licensing Objectives, the licence is varied to include the following conditions:
- The operating hours
of the Premises are varied to be Monday to Sunday
07:00-00:00.
- The hours for the
supply of alcohol for consumption on the premises are to be Monday
to Sunday 10:00 – 23:45.
- The hours for late
night refreshment are to be Monday to Sunday 23:00 –
00:00.
- The hours for plays,
films and performances of dance are varied to be Monday –
Sunday 23:00 – 23:45.
- The hours for live
music are varied to be Monday – Sunday 23:00 –
23:45.
- The hours for
recorded music are varied to be Monday – Sunday 23:00 –
23:45.
- No noise generated on
the premises from music, patrons or any mechanical equipment, shall
emanate from the premises, nor vibration be transmitted through the
structure of the premises, that may give rise to a nuisance at any
noise sensitive premises from opening until closing time.
- To ensure that deliveries and emptying of bottle bins only happen between Monday – Friday 08:00 - 18:00, Saturday 08:00 – 13:00 and not on a Sunday or Bank Holiday.
- All staff members at
the premises must receive the following induction training prior to
selling alcohol:
- The lawful selling age of restricted products
- Refusing the sale of alcohol to a person who is drunk
With the date and time of the induction training documented.
- Further verbal
reinforcement/refresher training covering the above must be carried
out thereafter at intervals not exceeding three consecutive months
with the date and time of the verbal reinforcement/refresher
training documented.
- Documentation of all
induction and verbal reinforcement/refresher training undertaken by
staff members must be signed by both the staff member and the DPS.
All training records must be kept on the premises and made
available to Sussex Police and/or officers of Hastings Borough
Council and/or officers from Trading Standards upon
request.
- A list of all staff
members who are authorised to sell alcohol on the premises must be
kept on the premises and endorsed and dated by the DPS. The list
must be made available to Sussex Police and/or officers of Hastings
Borough Council and/or officers from Trading Standards upon
request.
- SIA Door Supervisor
to be employed from 22:00 to 30 minutes after closing.
- The volume of
amplified sound used in connection with the entertainment provided
must beoperated at all times from a part of the Premises not
accessible to the public.
- Prominent, clear and legible notices will be displayed at all exits requesting the public to respect the needs of ... view the full decision text for item 18.
Minutes:
The Licensing Lead Officer, Mr Bryant, gave an overview of his report to the Sub-Committee.
On the 18th February 2022 Hastings Borough Council received an application to vary the premises licence of ‘Carib De L’Afrique’ made under section 34 of the Licensing Act 2003. The application was referred to the Sub-Committee as a result of two representations received from responsible authorities. One from Mr Scrase, Senior Licensing Officer, Hastings Borough Council and one from Mr Ballam, Environmental Protection Officer, Hastings Borough Council.
The premises is located within Area 1A (Hastings Town Centre) of the Council Special Saturation Policy.
The Special Saturation Policy was reviewed and extended in 2022 and is contained within the council's Licensing Policy. The policy states that each application will be considered on its own merits and the council expects applicants to provide evidence to support the view that the application will not add to the existing problems of the area.
The application, which was submitted via an agent, makes no mention of the cumulative impact policy or the designated matrix.
Mr Scrase, Senior Licensing Officer, Hastings Borough Council gave a submission to the Sub-Committee regarding the application.
Mr Scrase said that although it would appear that the application for variation would only allow regulated entertainment from 23:00 hours, this could take place between 08:00 and 23:00 hours without requiring authorisation. Considering the activities being applied for it would be expected that certain conditions would have been asked to be removed. For example, the existing licence says that alcohol has to be sold ancillary to food, known as a restaurant condition. The application does not ask for this to be removed.
Mr Scrase said he had spoken to the applicant on a number of occasions and he advised that a planning application for change of use should be applied for before seeking a variation in the premises licence. It is understood that the applicant has not done this and the planning team have confirmed that planning consent would be required before any change of use could take place. The proposed use is not in accordance with the existing planning use of the premises. Enforcement action could be sought if no change in use is granted before the variation of licence is enacted.
The application for variation is asking for a considerable extension of hours, up to 03:00, and this is what puts the application in conflict with the council’s Licensing Policy.
The Fire Service have inspected the premises but are unable to comment on the fire risk and safety measures as the required work on the basement has not taken place.
Mr Scrase informed the Sub-Committee that page 2 of the council’s Licensing Policy states that the council will generally not consider any premises application unless it can be demonstrated that the premises has either an appropriate planning application or certificate of lawful use. Exceptions will only be made where the applicant can offer compelling reasons as to why the application should be considered.
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