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Agenda Item No:
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Licence Reference |
15/03082/LAPRE |
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Report To:
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Licensing SUB – Committee (UNDER THE LICENSING ACT 2003) |
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Date:
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3 NOVEMBER 2015 |
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Report Title:
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QUEEN ANNE PUBLIC HOUSE 11 QUEEN ANNE ROAD MAIDSTONE KENT ME14 1HA
Application for: A premises licence to be varied under the Licensing Act 2003
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Report Author:
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Lorraine Neale
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Summary:
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1. The Applicant – Admiral Taverns Ltd 2. Type of authorisation applied for: To vary a premises licence under the Licensing Act 2003. (Appendix A). 3. Licensable Activities and hours:
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Affected Wards:
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High Street |
Recommendations:
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The Committee is asked to determine the application and decide whether to vary the premises licence.
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Policy Overview: |
The decision should be made with regard to the Secretary of State's Guidance and the Council's Statement of Licensing Policy under the Licensing Act 2003. Where the decision departs from Policy or Guidance the departure must be directed solely at the attainment of the licensing objectives, and that such departure be supported by proper reasons.
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Financial Implications:
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Costs associated with processing the
application are taken from licensing fee income. |
Other Material Implications:
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HUMAN RIGHTS: In considering this application it is appropriate to consider the rights of both the applicant and other parties, such as “responsible authorities” and\or “other persons” (objectors). The procedure for determining licences has a prescribed format to ensure fair representation of the relevant facts by all parties.
LEGAL: Under the Licensing Act 2003 the Licensing
Authority has a duty to exercise licensing control of relevant premises. |
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Background Papers:
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Licensing Act 2003 DCMS Guidance Documents issued under section 182 of the Licensing Act 2003 as amended Maidstone Borough Council Statement of Licensing Policy
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Contacts:
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Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk – tel: 01622 602028 |
Agenda Item No. 1
Report Title:
The title of the report, same as on the summary |
Queen Anne Public House, 11 Queen Anne Road, Maidstone, Kent, ME14 1HA
Application to: Vary a premises licence under the Licensing Act 2003. |
Purpose of the Report
This section should be brief and should summarise the reason for the report and the issue it is addressing .
The report advises Members of an application to vary a Premises Licence under the Licensing Act 2003,(Appendix A), made by Admiral Taverns Ltd for Queen Anne Public House, 11 Queen Anne Road, Maidstone, Kent, ME14 1HA (Appendix B) in respect of which 35 objections have been received from other persons by means of a petition (Appendix C).
Issue to be Decided
The purpose of this section is to enable all Members to recognise immediately what they are being asked to consider.
Members are asked to determine whether to modify conditions of the licence or reject all or part of the application
Background
1. The relevant sections are Part 3 S13 and 34 – 36 of The Licensing Act 2003 and section 4 of The Licensing Act 2003 in particular the Licensing Objectives:
· The prevention of crime and disorder;
· Public Safety
· The prevention of public nuisance; and
· The protection of children from harm
2. The application has been correctly advertised in the local press and a notice displayed on the premises for the required period.
3. There were no representations received from responsible authorities.
4. 35 representations were received from other persons.
The table below illustrates the relevant representations which have been received
Responsible Authority /Interested Party |
Licensing Objective |
Associated Documents |
Appendix |
Mr & Mrs A J & J E Langley |
Crime & Disorder Public Nuisance |
Petition |
C |
M Wheeler |
Crime & Disorder Public Nuisance |
Petition |
C |
E M Pyke |
Crime & Disorder Public Nuisance |
Petition |
C |
P Stock |
Crime & Disorder Public Nuisance |
Petition |
C |
S Tribe |
Crime & Disorder Public Nuisance |
Petition |
C |
J Gatland |
Crime & Disorder Public Nuisance |
Petition |
C |
L Ceesay |
Crime & Disorder Public Nuisance |
Petition |
C |
A G Johnson |
Crime & Disorder Public Nuisance |
Petition |
C |
R Powell |
Crime & Disorder Public Nuisance |
Petition |
C |
J & E Joscelyn |
Crime & Disorder Public Nuisance |
Petition |
C |
Mr & Mrs P & G Cordrey |
Crime & Disorder Public Nuisance |
Petition |
C |
Ms V Gooding |
Crime & Disorder Public Nuisance |
Petition |
C |
G Whitehead |
Crime & Disorder Public Nuisance |
Petition |
C |
D Figg |
Crime & Disorder Public Nuisance |
Petition |
C |
Mr & Mrs M & G Simpson |
Crime & Disorder Public Nuisance |
Petition |
C |
Mr & Mrs B & M Gagne |
Crime & Disorder Public Nuisance |
Petition |
C |
M Woollven |
Crime & Disorder Public Nuisance |
Petition |
C |
M Marshall |
Crime & Disorder Public Nuisance |
Petition |
C |
E Vicoin |
Crime & Disorder Public Nuisance |
Petition |
C |
P Leith |
Crime & Disorder Public Nuisance |
Petition |
C |
M Rogers |
Crime & Disorder Public Nuisance |
Petition |
C |
M A Dowd |
Crime & Disorder Public Nuisance |
Petition |
C |
Mr & Mrs P & P Milling |
Crime & Disorder Public Nuisance |
Petition |
C |
S Hurst |
Crime & Disorder Public Nuisance |
Petition |
C |
J Harrison |
Crime & Disorder Public Nuisance |
Petition |
C |
P Priestley |
Crime & Disorder Public Nuisance |
Petition |
C |
S Morgan |
Crime & Disorder Public Nuisance |
Petition |
C |
J Young |
Crime & Disorder Public Nuisance |
Petition |
C |
S Stevens |
Crime & Disorder Public Nuisance |
Petition |
C |
The general objections are that the already excessive noise nuisance will continue on longer to an even further unreasonable time of 3:30 and that the removal of the condition from the premise licence of withdrawal of membership from the night net scheme causes concern, however the details of those concerns have not been explained.
5. The premises has a current licence, Appendix D. The current licence holder is the applicant, and the current DPS is Mr Ronald Hall.
6. The current licence hours are as per the licence attached at appendix D and set out at 3 of the summary above.
7. Members are advised that applications cannot be refused in whole or in part, or conditions attached to the licence unless it is appropriate to do so to promote the licensing objectives.;
8. Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003;
i.
Chapters 8 (8.42 onwards) & 9 Premises Licences & Determining Applications
Chapter 10 Conditions NB: There is Home Office Supporting
Guidance on Pools of Conditions but this is not statutory
guidance.
Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:
ii.
Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:
20. Prevention of Crime and Disorder
22. Prevention of Public Nuisance
20. Prevention of Crime and Disorder
Concerns
The applicant should consider factors arising from the premises or the activities of their customers within the vicinity of the premises that may impact on the prevention of crime and disorder. These may include:
· Underage drinking
· Drunkenness on premises
· Public drunkenness
· Drugs
· Violent behaviour
· Anti-social behaviour
Additional Steps
The following examples of additional steps are given as examples for applicants to consider in addressing the above concerns in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-
· Effective and responsible management of premises.
· Training and supervision of staff.
· Adoption of current best practice guidance (some examples are Safer Clubbing, the National Alcohol Harm Reduction Strategy Toolkit, and other voluntary codes of practice, including those relating to drinks promotions e.g. The Point of Sale Promotions published by BBPA).
· Acceptance of accredited ‘proof of age’ pass cards or ‘new type’ driving licences with photographs, passports or an official identity card issued by H M Forces.
· Provision of effective CCTV in and around premises.
· Employment of Security Industry Authority licensed door staff. (If two or more are employed there must be at least one male and one female).
· Provision of toughened or plastic glasses.
· Provision of secure deposit boxes for confiscated items (‘sin bins’).
· Provision of litterbins, security measures, e.g. lighting, outside premises.
· Membership of a Pub Watch scheme.
· The current ‘Chill Out Hour’ operating at the late night venues in the Borough of Maidstone which is the agreement whereby late night venues cease to sell alcohol yet continue to provide music and dancing for a further hour (at a reduced volume and with the heavy bass beat removed) has proved to be a success in reducing late night crime and disorder.
· Membership of Maidsafe (Nite Net).
22. Prevention of Public Nuisance
Licensed premises can cause adverse impacts on communities through public nuisance. The Licensing Authority wishes to maintain and protect the amenity of residents and other businesses from any nuisance caused by the operation of licensed premises whilst
recognising the valuable cultural, social and business importance that such premises provide.
The Licensing Authority will interpret ‘public nuisance’ in its widest sense, and takes it to include such issues as noise, light, odour, litter and anti-social behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.
Concerns
When addressing the issue of prevention of public nuisance, the applicant should consider those factors arising from the premises or the activities of their customers within the vicinity of the premises that may impact on the likelihood of public nuisance. These may include:-
· The location of the premises and their proximity to residential and other noise sensitive premises, such as hospitals, hospices and places of worship.
· The hours of operation, particularly if between 23.00 and 07.00.
· The nature of activities to be provided, including whether those activities are of a temporary or permanent nature and whether they are to be held inside or outside premises.
· The design and layout of premises and in particular the presence of noise limiting features.
· The occupancy capacity of the premises.
· Last admission time.
· The steps the applicant has taken or proposes to take to ensure that staff leave the premises quietly.
· The steps the applicant has taken or proposes to take to prevent disturbance by patrons arriving or leaving the premises.
· Whether routes to and from the premises, on foot or by car or service or delivery vehicles, pass residential premises within the vicinity of the Premises.
· Whether other measures have been taken or are proposed such as the use of CCTV or the employment of registered door supervisors.
· The arrangements made or proposed for parking by patrons, and the effect of this parking on local residents.
· The likelihood of any violence, disorder or policing problems arising if a licence were granted.
· Whether taxis and private hire vehicles serving the premises are likely to disturb local residents.
· The siting of external lighting, including security lighting that is installed inappropriately.
· Whether the operation of the premises would result in increased refuse storage or disposal problems or additional litter in the vicinity of the premises and any measures or proposed measures to deal with this.
· The history of previous nuisance complaints proved against the premises, particularly where statutory notices have been served on the present licensees.
Additional Steps
The following examples of additional steps are given as examples for applicants to consider in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-
· Effective and responsible management of premises.
· Appropriate instruction, training and supervision of those employed or engaged to prevent incidents of public nuisance.
· Control of operating hours for all or parts (e.g. garden areas) of premises, including such matters as deliveries.
· Adoption of best practice guidance (e.g. Good Practice Guide on the Control of Noise from Pubs and Clubs, produced by Institute of Acoustics).
· Installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices.
· Management of people, including staff, and traffic (and resulting queues) arriving and leaving premises.
· The incorporation of measures for ensuring the safe and swift dispersal of patrons away from premises and events without causing nuisance or public safety concerns to local residents.
· Effective ventilation systems to prevent nuisance from odour.
N.B. Where relevant representations are received which the Licensing Sub Committee consider material particular consideration will be given to the impact on residential amenity of proposals for the provision of late night refreshment where these are either located in, or encourage people to move through, residential areas.
11.
Options
Legal options open to members -
a) MODIFY the conditions of the licence.
b) REJECT the whole or part of the application
Members of the Licensing Act 2003 –
Licensing Sub – Committee are reminded of their duty under section 17 of the
Crime and Disorder Act 1998 to consider the crime and disorder implications of
their decisions and the Licensing Authority’s responsibility to co – operate in
the reduction of crime and disorder in the Borough
Section 17 of the Crime and Disorder Act 1988 states:
"Without prejudice to any other obligation imposed on it, it shall be the
duty of each authority to which this section applies to exercise its various
functions with due regard to the likely effect of the exercise of those
function on, and the need to do all that it reasonably can prevent, crime and
disorder in its area”.
12.
Implications
Assessment
The decision should
be made with regard to the Secretary of State’s Guidance and the Council’s
Statement of Licensing Policy under the Licensing Act 2003. Where the decision
departs from either the Guidance or the policy clear and cogent reasons must be
given. Members should be aware that if such a departure is made the risk of
appeal/challenge is increased.
13.
Human Rights
While all Convention
Rights must be considered, those which are of particular relevance to the
application are:
· Article 8 – Right to respect for private and family life
· Article 1 of the First Protocol – Protection of Property
· Article 6(1) – Right to Fair Hearing
· Article 10 – Freedom of Expression
The full text of each Article is given in the attached Appendices
14.
Conclusion
Members must ensure
that the application is considered on its merits, as well as against the
relevant guidance, policy and statutory framework.
15. List of Appendices
Appendix A Application
Form
Appendix B Plan of Premises
Appendix C Representations –Other persons
Appendix D Existing Premises Licence
Appendix E Plan of area
Appendix F Human Rights
Articles
Appendix G Order of Proceedings
16.
Appeals
The applicant or any other person(objector) may appeal the Licensing Act 2003
Sub Committee’s decision within 21 days beginning with the day on which the
Appellant is notified. All/any appeals must be lodged with the Magistrates’
Court. Parties should be aware that they MAY incur an Adverse Costs Order
should they bring an appeal.
Use sub-paragraph headings to identify these issues and tables to summarise any financial implications where this will aid understanding.
Refer to any implications for current council polices particularly if the report suggests a change in policy or a new approach to an issue.
Report authors will be expected to have taken advice from the appropriate people and to agree the wording of implications with those advisors.
Contact: Email:
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Senior Licensing Officer |