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Report Title:


Agenda Item No:


1 - Summary of Report

Licence Reference


Report To:


Committee Name

Licensing SUB – Committee




Committee Date

6th September 2021

Report Title:


The title of the report



Application for:  A premises licence to be varied under the                            Licensing Act 2003


Report Author:


The name of the report author

Lorraine Neale





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 –  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:




Current Hours

Hours: New Application


Live Music


Monday to Thursday

Friday and Saturday


12:00 - 21:00

12:00 - 22:00

12:00 - 16:00

Monday- Saturday


12:00 – 23:00

12:00 – 22:30


Recorded Music


Monday to Thursday

Friday and Saturday


12:00 - 21:00

12:00 - 22:00

12:00 - 16:00

Monday- Saturday


12:00 – 23:00

12:00 – 22:30


Supply of alcohol

(On & Off the premises)

Monday to Thursday

Friday and Saturday


12:00 - 21:00

12:00 - 22:00

12:00 - 16:00

Monday- Saturday


12:00 – 23:00

12:00 – 22:30


Opening Hours

Monday to Thursday

Friday and Saturday


12:00 - 21:00

12:00 - 22:00

12:00 - 16:00

Monday- Saturday


12:00 – 23:00

12:00 – 22:30



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)








Affected Wards:


All those wards affected by the proposal.




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 vary the premises 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 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.



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



e-mail address and telephone number of the report author and/or principal contact

Mrs Lorraine Neale at: – tel: 01622 602528


Agenda Item No. 1


            Report Title:


The title of the report, same as on the summary



Application to: Vary a premises licence under the Licensing Act 2003.


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 .


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


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.


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


Responsible Authority

/Interested Party

Licensing Objective

Associated Documents








Andrew and Jill McVarish


Public Nuisance






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




            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

·                         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.
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

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.






Senior Licensing Officer