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Agenda Item No:
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Licence Reference |
21/01662/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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6th September 2021 |
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Report Title:
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TAP 17, 17 HIGH STREET, STAPLEHURST, KENT , TN27 9NH
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 – Mrs Kelli Newman 2. Type of authorisation applied for: To vary a premises licence under the Licensing Act 2003. (Appendix A) 3. Licensable Activities and hours:
The variation also includes a plan that seeks to include the outside areas (front and rear of the property) as the licensed premises. (Appendix 3)
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Affected Wards:
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Headcorn |
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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. |
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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 602528 |
Agenda Item No. 1
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Report Title:
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TAP 17, 17 HIGH STREET, STAPLEHURST, KENT , TN27 9NH
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 1), also a confirmation e-mail to Licensing to make amendments to the application (Appendix 2) , made by Mrs Kelli Newman for Tap 17, 17 High Street, Staplehurst, Kent , TN27 9NH in respect of which 1 response has been received from other persons (Appendix 4).
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 :
Grant the application as applied for, or
Grant the application and 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 notices displayed on the premises for the required period.
3. There were no representations received from responsible authorities.
4. 1 response was received from other persons.
5. The table below illustrates the relevant responses which have been received
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Responsible Authority /Interested Party |
Licensing Objective |
Associated Documents |
Appendix |
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Objections |
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1 |
Andrew and Jill McVarish
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Public Nuisance
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4
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The objectors are concerned that this application will have significant adverse disturbance effect on nearby residents. They are the landlords of a commercial and residential property in close proximity to the licensed premises and believe the extended hours would increase noise nuisance and have an adverse effect on their ability to rent out their properties. They believe the premises would create a public nuisance to any future tenant.
On the 7th September 2021 the applicant e-mailed a letter to the Licensing Department addressing the issues raised in the objection which is attached as Appendix 5.
The premises has a current licence, Appendix 6 and Current plans Appendix 7. The current licence holder is the applicant
6. The current licence hours are as per the licence attached at appendix 6 and set out at 3 of the summary above. The application also seeks to include the outside areas (front and rear of the property) as the licensed premises (Appendix 3)
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;
Chapters 8 (8.42 onwards) & 9 Premises Licences & Determining Applications
Chapter 10 Conditions.
Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:
Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:
17.19. Prevention of Public Nuisance
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17.1
17.2
17.3
17.4
17.5
17.6
17.7
17.8
17.9
17.10
17.11
17.12
17.13
17.14
17.15
17.19 CONDITIONS TO PROMOTE THE PREVENTION OF PUBLIC NUISANCE.
The applicant will be expected to detail any appropriate and proportionate steps to prevent nuisance and disturbance arising from the licensable activities at the premises and from the customers using the premises.
17.20 The applicant will be expected to demonstrate that they have considered the following and included steps to prevent public nuisance:
(i) Proximity of local residents to the premises
(ii) Licensable activities proposed and customer base
(iii) Hours and nature of operation
(iv) Risk and Prevention of noise leakage from the premises from equipment, customers and machinery
(v) Prevention of noise from customers leaving the premises and customer pick up points outside premises and from the Car Park.
(vi) Availability of public transport to and from the premises
(vii) Delivery and collection times and locations.
(viii) Impact of external security or general lighting on residents.
(ix) History of management of and complaints about the premises.
(x) Applicant’s previous success in preventing Public Nuisance.
(xi) Outcomes of discussions with the relevant Responsible Authorities.
(xii) Impact of location, noise and contamination from outside smoking areas on neighbours and other customers
(xiii) Collection of litter arising from the premises
17.21 Steps to prevent public nuisance may include a range of options including noise limiting devices, sound insulation, wind down periods, acoustic lobbies, management of smoking areas etc.
17.22 Steps will differ depending on the individual premises and activities and it is for the applicant to ensure that reasonable, effective and appropriate steps are included within the operating schedule.
9.
Options
Legal options open to members -
Grant the variation application as applied for., or
Grant the variation and modify conditions of the licence, or
Reject all 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
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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 1 Application
Form
Appendix 2 Confirmation of application amendments
Appendix 3 Plans (new)
Appendix 4 Objection
Appendix 5 Applicants response letter to objection
Appendix 6 Premise Licence
Appendix 7 Plans
Appendix 8 Plan of area
Appendix 9 Human Rights Articles
Appendix 10 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.
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Contact: Email:
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Senior Licensing Officer |