The Licensing Sub-Committee met to consider an application by Supercharger South Limited for a new premises licence for KFC Dartford, 15-23 Lowfield Street to allow them to extend their opening hours. The application requested permission to provide late night refreshment between 23:00 and 00:00, and to open to the public between 09:00 and 00:00. The sub-committee will determine the application in light of the representations received, the evidence before it and the promotion of the licensing objectives.

KFC Dartford Premises Licence Application

Supercharger South Limited has applied for a new premises licence for KFC Dartford, 15-23 Lowfield Street, to allow them to extend their opening hours. Currently the restaurant operates until 23:00, which does not require a premises licence, but the application seeks permission to provide late night refreshment between 23:00 and 00:00, and to open to the public between 09:00 and 00:00, with an additional hour on days preceding bank holidays.

The application includes a number of proposed conditions to promote the licensing objectives¹, including:

• Installing and maintaining a CCTV system.
• Keeping an incident book to record details of any crime or disorder.
• Preventing members of the public from accessing hot food and preparation areas.
• Conducting licensable activities and designing facilities to prevent the transmission of audible noise or perceptible vibration to adjoining properties.
• Restricting deliveries and waste collections to between 07:00 and 23:00.

Representations

The council received representations from three interested parties, all raising concerns about noise and antisocial behaviour:

• Chantale Attard said that noise and antisocial behaviour was already rife in the area and poorly managed by the council and police. They added that a nearby kebab shop already caused disruption to residents with delivery drivers blasting music late at night.
• F Swaine objected to the extension of opening hours due to the increased chance of noise pollution and antisocial behaviour.
• Claudia Swaine raised concerns about the high level of antisocial behaviour in the area, including the consumption of alcohol and drugs, and asked whether extra resources would be implemented to tackle the issue if the opening hours were extended.

Council Policy and Guidance

The sub-committee is required to consider the application in accordance with the Licensing Act 2003, the Secretary of State's Guidance, and the Council's Statement of Licensing Policy.

The Council's Statement of Licensing Policy states that it will proactively maintain and protect the amenity of residents and other businesses from the potential consequence of the operation of licensed premises, whilst recognising the valuable cultural, social and business importance that such licensed premises provide. It also states that the council will pay particular attention to whether or not stricter conditions should be imposed, including controls on licensing hours, where licensed premises are in residential areas, with a view to protecting the quality of life of residential occupiers.

The Secretary of State's Guidance advises that each application must be considered on its own merits and that conditions attached to licences must be tailored to the individual type, location and characteristics of the premises and events concerned. It also states that licensing authorities should avoid inappropriate or disproportionate measures that could deter events that are valuable to the community.

Options Available to the Sub-Committee

In determining the application, the sub-committee may:

• Grant the application as requested.
• Modify the conditions of the licence, by altering, omitting or adding to them.
• Reject the whole or part of the application.

The sub-committee is asked to note that it may not modify the conditions or reject the whole or part of the application merely because the sub-committee considers it desirable to do so, modification or rejection must actually be appropriate in order to promote the licensing objectives.

Rules of Procedure

The Licensing Sub-Committee Rules of Procedure were circulated as item 6 to the agenda. The chair explained that the sub-committee intended to follow the procedure detailed in the rules.