Proposed by Councillor John Collier

Seconded by Councillor Philip Martin and

Resolved: That Councillor David Wimble is Chairman for the meeting.

(Voting: For 3; Against 0; Abstentions 0)

Members of the Council should declare any interests which fall under the following categories:

a)       disclosable pecuniary interests (DPI)

b)       other significant interests (OSI)

c)       voluntary announcements of other interests

There were no declarations of interest.

To exclude the public for the following item of business on the

grounds that it is likely to disclose exempt information, as defined in

paragraph 1 of Part 1 of Schedule 12A to the Local Government Act

1972 –

‘Information relating to any individual.’

Proposed by Councillor Philip Martin

Seconded by Councillor John Collier and

Resolved:

To exclude the public for the following item of business on the

grounds that it is likely to disclose exempt information, as defined in

paragraph 1 of Part 1 of Schedule 12A to the Local Government Act

1972 –

‘Information relating to any individual.’

(Voting: For 3; Against 0; Abstentions 0)

This report outlines the application made by Kent Police, for a Review of the Premises Licence at a corner shop in Folkestone following enforcement action taken by them. The Licensing Sub-Committee must determine the outcome for the application.

This report outlines the application made by Kent Police, for a Review of

the Premises Licence at a corner shop in Folkestone following

enforcement action taken by them. The Licensing Sub-Committee must

determine the outcome for the application.

Proposed by Councillor David Wimble

Seconded by Councillor John Collier and

Resolved:

Having given serious consideration to revoking the licence in accordance with the Home Office regulations and the Licensing Act 2003 and having heard the representation of PC Stephens and the Licence Holder the committee does not consider in these circumstances it to be a proportionate response to revoke the licence in its entirety and nor for it to be suspended.

The committee do however consider that the conditions proposed by PC Stephens in his report, with the exception of the suspension, are entirely proportionate and will serve to assist the police and the licensing authority in ensuring the licensing objectives are not undermined.

For these reasons the committee imposes the following conditions on the licence:

• Pathman Maheswaran must not enter the premises at any time the premises are open to the public.

• A personal licence holder must always be working at any time the premises are open to the public.

• CCTV conditions to be added:

i)          CCTV will cover exits, entrances, public areas of the premises, store room and till

ii)         Lighting inside and out must be sufficient to compliment the quality of the camera images

iii)        CCTV must provide good quality images and be capable of visually confirming the nature of the crime committed

iv)        The premises licence holder/premises manager/designated premises supervisor will have a working knowledge of the operation of the CCTV system including how to download data when requested by Police, Local Authority Enforcement Officer or Trading Standards

v)         CCTV images which can identify individuals to be handed over to the police where it is necessary to do so for the prevention or detection of crime; for the prosecution or apprehension of offenders; or where the disclosure is required by law

vi)        The system must be of a standard that image quality is not lost when making the copy. If the format is non-standard, software will be supplied to ensure that the data can be replayed by the police on a standard computer

vii)       All equipment shall have constant time/date generation, which must be checked for accuracy daily

viii)      In the event of a system malfunction, the Manager or Premise Licence Holder or Designated Premise Supervisor must immediately notify the Licensing Authority and the Police Licensing Department. Details of ths malfunction must be recorded in the premises incident book. Arrangements for its repair must be made without delay. The Licensing Authority and Police Licensing Department must be notified when the system is again operational.

(Voting: For 3; Against 0; Abstentions 0)

Review of whether a licence should be granted to a new Private Hire driver.

Proposed by Councillor David Wimble

Seconded by Councillor Philip Martin and

Resolved: To grant a private hire driver’s licence.

(Voting: For 3; Against 0; Abstentions 0)