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SUMMARY REPORT INTENDED TO PROVIDE THE READER WITH A GOOD UNDERSTANDING OF THE ISSUE.  IDEALLY THIS SUMMARY SHOULD BE KEPT TO ONE PAGE, BUT THIS WILL NOT ALWAYS BE POSSIBLE

Agenda Item No:	1 - Summary of Report
Licence Reference	WK/
Report To:   Committee Name	Licensing SUB – Committee (UNDER THE LICENSING ACT 2003)
Date:   Committee Date	4th December 2009
Report Title:   The title of the report	THE BELUGA BAR BANK STREET MAIDSTONE ME14 1SN   Application for Review of a Premises Licence
Report Author:   The name of the report author	Lorraine Neale

Summary:     No more than approximately 100 words setting out the nature of the report.  Please note that this will appear as a ‘pop up’ summary on the website.

1.    The Applicant for Review – Chief Inspector David Pascoe on   behalf of the Chief Officer of Police Type of application applied for: Review of a Premises Licence. Grounds for Review   Prevention of Crime and Disorder Public Safety:   The police are requesting the Licensing Committee to review the premise licence following intelligence received by both Police and Maidstone Borough Council Licensing Department that the club was regularly exceeding the capacity as detailed on the premise licence, observations were kept on the premises on Saturday 24th October 2009 and it was found that there were in excess of 600 more customers in the club than the maximum permitted number of 1150. In addition there have been reports of assaults and disturbances at the premises since 28th June 2009 that have caused concern.

Affected Wards:   All those wards affected by the proposal.	High Street - West
Recommendations:   The distinction between a resolution or a recommendation to Council should be clear at the time the Committee is considering the item, this is preferable to the current arrangement where this is determined after the meeting.  Trevor Robertson and his staff will advise on this point. Recommendations should be brief and to the point.	The Committee is asked to determine the application and decide whether to grant a licence.
Policy Overview: A short explanation of the policy context for the issues contained in the report, a cross-reference to the Corporate Plan or Community Strategy for example would be appropriate.  If new or revised policy this should be clearly stated.	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.
Financial Implications: A summary only please of the implications arising from the recommended action.  This should be agreed in consultation with the accountancy team.	Costs associated with processing the application are taken from licensing fee income.
Other Material Implications: These depend on the report.  Authors are expected to consider:  Environmental, Legal, Human Rights, Staffing and Community Safety Issues.  However, summarise only those that are most relevant, keeping this brief.   The report itself should expand on these issues.	HUMAN RIGHTS: In considering this application it is necessary to consider the rights of both the applicant and other parties, such as “responsible authorities” and\or “interested parties” (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.
Background Papers: This should list all relevant background documents which support the report.	Licensing Act 2003 DCMS Guidance Documents issued under section 182 of the Licensing Act 2003 as amended Maidstone Borough Council Statement of Licensing Policy
Contacts: e-mail address and telephone number of the report author and/or principal contact	Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk – tel: 01622 602028

ALWAYS START ON A NEW PAGE AS THIS WILL APPEAR SEPARATELY FROM THE SUMMARY ON THE WEB-SITE

Agenda Item No. 1

 

Report Title:   The title of the report, same as on the summary

THE BELUGA BAR,  BANK STREET, MAIDSTONE, ME14 1SN Application for: Review of a Premises Licence

 

Use plain sequential paragraph numbering but do not number the paragraph headings

 

Purpose of the Report

This section should be brief and should summarise the reason for the report and the issue it is addressing .

 

1.         The report advises Members of an application for the review of a premises licence, brought by Chief Inspector David Pascoe on behalf of the Chief Officer of Police in respect of the premises Beluga Bar, Bank Street, Maidstone, Kent, ME14 1SN. No representations have been received from any Interested Parties or any other Responsible Authorities

Issue to be Decided

This section sets out what decision the Committee is being asked to take.  It should be no more than two sentences long and must specify whether the Issue is a Key Decision as set out in the Forward Plan.

The purpose of this section is to enable all Members to recognise immediately what they are being asked to consider.

 

Members must, having regard to the application and any relevant representations, take such steps mentioned below as members consider necessary for the promotion of the licensing objectives.

1.           Members must, having regard to the application and any relevant representations, take such steps mentioned below as members consider necessary for the promotion of the licensing objectives.

2.           The steps are:

·      To modify the conditions of the licence (including for a period not exceeding 3 months);

·      To exclude a licensable activity from the scope of the licence (including for a period not exceeding 3 months);

·      To remove the designated premises supervisor;

·      To suspend the licence for a period not exceeding 3 months;

·      To revoke the licence.

·      To issue a warning or caution.

·      To take no action.

Background

The background section forms an important element of the report.  It should set the scene explaining the circumstances leading up to the report.   It is here that authors should refer to the policy context for the report (what was previously called ‘strategic overview’), ensuring that this is consistent with the summary page.

 

Authors need to be aware, however, that it is pertinent and material information that should be included. If there are large amounts of background information that may be of interest but do not materially affect the decision or recommendations, then these should be made available as Background Information or include the most pertinent as appendices to the report.

 

The background section should not dominate the report.  Use sub-paragraph headings highlighting these in italic script where this will help to identify issues and make the report more readable.

 

3.           The relevant statutory provisions are sections 51 to 53 inclusive of the Licensing Act 2003. the Licensing Objectives are as follows:

·         The prevention of crime and disorder;

·         Public Safety;

·         The prevention of public nuisance; and

·         The protection of children from harm

4.           The current premises licence was granted on 23^rd July  2009 a copy is attached as Appendix B.

 

6.           The application has been correctly advertised with a notice displayed on the premises and at the Council offices for the required period. One representation has been received from Chief Inspector David Pascoe of Kent Police.

7.           The applicant is requesting that the Sub-Committee suspend the premises licence for one month in order to act as a deterrent and that the following condition be added to the licence.

1)    An electronic system will be installed at the premises that accurately counts how many persons are in the premises. This system will be installed with the agreement of the Police and the Fire Safety Officer. It will be available for inspection by any responsible authority at any time that the premises is open to staff or members of the public.  

 

           

8.           Members are advised that they may only modify premises licences if it is necessary to promote the licensing objectives

9.           Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003; 

            Chapter 10                 Conditions attached to Premises Licences

                        Chapter 11                 Reviews

 

Annex D, part 1

Pool of conditions relating to the prevention of crime and disorder

 

Annex D, part 2

Pool of conditions relating to Public Nuisance

            Relevant policy statements contained in The Licensing Authority’s Statement of Licensing Policy (Jan 2008);    

 

 

            Chapter 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).

           

                        Chapter 21 Public Safety

 

The Licensing Authority wishes to ensure the safety of everyone on licensed premises.

 

Concerns

 

Capacity

 

Where existing legislation does not provide adequately for the safety of the public, club members or guests, the occupancy capacity for premises and events (to include performers and staff) may be an important factor in promoting public safety. Subject to the requirements of the following paragraph the Licensing Authority will expect the issue of occupancy capacity and adequate controls of the numbers of persons on premises or attending an event to be considered by an applicant when completing an Operating Schedule.

 

Where a relevant representation is received in respect of capacity the Licensing Authority will consider setting capacity limits in consultation with the Kent and Medway Fire and Rescue Authority for the following premises:

 

·                     Nightclubs

·                     Cinemas

·                     Theatres

·                     Other premises where regulated entertainment within the meaning of the Act is being                                provided.

 

The Applicant might also consider the following concerns when assessing the appropriate             capacity for premises or events in the Maidstone area. These could include:-

 

·                     The design and layout of the premises.

·                     The nature of the premises or event.

·                     The nature of the licensable activities being provided.

·                     The provision or removal of temporary structures, such as a stage or furniture.

·                     The number of staff available to supervise customers both ordinarily and in the event of                            an emergency.

·                     The customer profile (e.g. age, disability).

·                     The attendance by customers whose first language is not English.

·                     Availability of suitable and sufficient sanitary accommodation.

·                     The nature and provision of facilities for ventilation.

·                     The use of special effects such as lasers, pyrotechnics, smoke machines, foam                                       machines, etc.

 

Where capacity is likely to be reached (such as on known busy evenings) and particularly where a special event or promotion is planned, the applicant will be expected to consider the arrangements that will be put in place to ensure that the capacity of the premises is not exceeded.

 

Additional Steps

 

The following examples of additional steps are given for applicants to consider in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-

 

·                     Suitable and sufficient risk assessments.

·                     Effective and responsible management of premises.

·                     Provision of a sufficient number of people employed or engaged to secure the safety of                                    the premises and patrons.

·                     Appropriate instruction, training and supervision of those employed or engaged to secure              the safety of the premises and patrons.

·                     Adoption of best practice guidance.

·                     Provision of effective CCTV in and around premises.

·                     Provision of toughened or plastic non disposable glasses/bottles.

·                     Implementation of crowd management measures.

·                     Regular testing (and certification where appropriate) of procedures, appliances, systems                                   etc. pertinent to safety.

 

This section sets out the matters which need to be understood when making a decision on the issue.  These may include any legislative, financial, human rights, staffing, environmental, or community safety issues but only if they truly apply.

 

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.

 

10.        The decision should be made with regard to the Secretary of State's Guidance and the Licensing Authority’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.

11.        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.

 

Conclusion

It is here that the salient conclusions should be highlighted and these should link to the recommendations.  It is not necessary to repeat the recommendations on the full report as these will already appear on the summary page.  Authors should end by saying that the recommendations are contained on the summary page.

 

        Members must ensure that the application is considered on its merits, as well as against the   relevant guidance, policy and statutory framework.

        List of Appendices

12.        Appendix A     Application for Review

            Appendix B     Copy of Premises Licence

            Appendix C     Plan of the premises

            Appendix D     Plan of the area
            Appendix E     Human Rights Article
            Appendix F      Order of Proceedings

 
 Appeal

13.        The applicant, any interested party and the licence holder 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.

Contact: Email:

Senior Licensing Officer lorraineneale@maidstone.gov.uk