Agenda and draft minutes

There were no disclosures by Members or Officers.

There were no disclosures of lobbying.

RESOLVED: That the items on the Agenda be taken in public as proposed.

The Chairman requested those present to introduce themselves, explained the procedures and Members confirmed that they had read all the papers.

It was noted that Kent Trading Standards had requested various conditions to be added to the Licence and that no agreement had been reached prior to the hearing.

Mrs Bolas explained that the hearing was regarding an application for a review of the Premises Licence of Capital Express, 11 Snowdon Parade, Vinters Park, Maidstone applied for by Kent Trading Standards on the grounds of protection of children from harm.  The application was made following the failure of a test purchase on 7, March 2013 on the sale of alcohol to volunteers.  Trading Standards were requesting a 3 month suspension of the Premises Licence, the addition of 15 further conditions, restrictions on the hours for sale and the removal of the current Designated Premises Supervisor (“DPS”) – Mr Ok.

Mr Strawson, representing Kent Trading Standards, stated in his opening remarks that Kent Trading Standards are designated a responsible authority under the Licensing Act 2003 and in such a capacity can make a submission to the licensing authority for a licence review where it is deemed appropriate.  He informed the Committee that Miss Gillian Powell, one of the investigating officers, was available as a witness to answer any questions regarding the conduct of the test purchase or subsequent investigation.

Mr Strawson then put forward his case.  He stated that it is demonstrated in the detail of the review application and supporting documents that the test purchase in March 2013 was carried out following extensive and repeated intelligence, received by Kent Trading Standards, that youngsters were purchasing alcohol from the premises.  Kent Trading Standards carried out numerous advisory and supportive visits to the premises prior to the test purchase where detailed advice was given to the DPS, Mr Ok, on how to avoid selling to those under age.  He emphasised that the advice given was repetitive, comprehensive and detailed and included the provision of training material, folders, refusal books and letters all aimed at the premises being able to operate a robust system to prevent sales to minors. During a recent visit to the premises, 3 of the refusals books were found on the premises and unused. 

Despite these visits and the advice given, intelligence continued to be received regarding the sale of alcohol to minors and it was considered by Kent Trading Standards that the premises would only sell in circumstances where the minor was known to them or there was no other customer in the premises at the time.  Kent Trading Standards therefore undertook a test purchase using covert surveillance equipment to allow the volunteers to enter the premises unaccompanied to record the sale being made.  A copy of the recording was available should Members wish to view it. 

Mr Strawson stated that given the history of these premises and the circumstances of the sale, Kent Trading Standards strongly felt it appropriate for the Committee to consider imposing  ...  view the full minutes text for item 4.

10.00 a.m. to 12.01 p.m.