Agenda and draft minutes

Councillor McLean was proposed, seconded and duly elected Chairman of the meeting.

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or Managing Director.

The Chairman as the only Member present at the Licensing Sub-Committee held on 4 June 2019 confirmed that the published Minutes were a true and accurate reflection of those proceedings.

There were no items of urgency for the Sub-Committee to consider.

The Chairman introduced the Members of the Sub-Committee and asked other parties present to identify themselves.

He confirmed that the Sub-Committee would follow the Rules of Procedure as set out in Item 6 of the published agenda, in their consideration of the application by Kent Police for a review of the Premises Licence for Baxters Newsagents, 49-51 Hythe Street, Dartford. The order for the presentation of submissions, evidence and the questioning of relevant parties, would be as specified in Paragraph 8 of the Rules.

He also confirmed, that following advice from the Council’s Solicitor, the Sub-Committee would accept and consider the further papers issued by Brown & Co. Solicitors on behalf of the premises licence holder, Mr Gareth Cass, dated 9 December 2019 and the written response from Kent Police dated 10 December. The additional papers had been circulated to all parties and considered by Members, prior to the Sub-Committing convening.  

It was also confirmed that there were no further witnesses to appear before the Sub-Committee, in addition to the Licence Holder Mr Cass, his legal representative Mr Brown [Brown & Co. Solicitors], Kent Police Licensing Officers PC Hunt and PC Cosser, and the Council’s Licensing Manager.

The Council’s Licensing Manager introduced the report which informed Members that Kent Police had requested a review of the Premises Licence for Baxters Newsagents, 49-51 Hythe Street Dartford, Kent DA1 1BG, held by Mr Gareth Cass under the Licensing Act 2003 [the Act]. The newsagent is situated in Dartford Town Centre and is licensed to sell alcohol for consumption off premises only, within specified hours.

Kent Police had requested the review under Section 51 of the Act in relation to the licensing objectives for the prevention of crime and disorder, and the prevention of public nuisance and public safety [Appendix A to the report]. The review process had been initiated following the submission of CCTV footage provided by the Council and further footage subsequently seized in evidence by Kent Police from Baxters Newsagents, which had shown that the premises had remained open and continued to serve alcohol after the end of permitted licensing hours. The CCTV footage also showed that during those unauthorised licensing hours, alcohol had been sold to so called ‘street drinkers’ [Appendix B to the report refers].

Kent Police sought a revocation of the existing licence, but if that was not considered appropriate by the Sub-Committee, the imposition of several additional conditions to the existing licence as detailed in Appendix A to the report [agenda pages 30/31 refer].

In accordance with the Rules of Procedure, the Chairman invited PC Hunt to present the case for the review of the premises licence on behalf of Kent Police.

PC Hunt informed the Sub-Committee that Kent Police had sought the review of the Premises Licence for Baxters Newsagents with regard to two specific areas of concern as detailed in Appendix A to the Licensing Manager’s report [agenda Item 7 pages 28-31 refer]:

1.    Evidence that the premises had been conducting unauthorised licensable activity by selling alcohol to customers outside the permitted hours authorised by the premises licence;

2.    The sale of alcohol to ‘street drinkers’ who were by definition, assessed as ‘vulnerable’ members of the local community, both within and outside permitted licensing hours.

In relation to the second area of specific police concern PC Hunt noted that Baxters Newsagents was situated in Hythe Street in the Town Centre, surrounded by shops, restaurants and retail outlets, and only a short walk from many late night pubs and clubs in the area. The Town Centre fell within the designated area of the Dartford Public Space Protection Order (PSPO). The PSPO was designed to deal with nuisance behaviour in the Town Centre which had a detrimental effect on the quality of life in the local community, in particular during the hours of the ‘Night Time Economy’. The illegal sale of alcohol to ‘street drinkers’ was in contravention of the terms of the PSPO, and the general Licensing Objectives for public safety and the prevention of crime and disorder and public nuisance.

PC Hunt highlighted the following specific points in his report in his address to the Sub-Committee:

(i)            Unauthorised licensable activity at  ...  view the full minutes text for item 7.