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Agenda Item No:
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Licence Reference |
11/00494/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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4th july 2011 |
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Report Title:
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BLACK ROCKS 62 HIGH STREET MAIDSTONE KENT ME14 1SR
Application to: Vary a Premises Licence under the Licensing Act 2003
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Report Author:
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Lorraine Neale |
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Summary: 1. The Applicant – Margaret Preedy 2. Type of authorisation applied for: To vary a Premises Licence under the Licensing Act 2003. (Appendix A) 3. To extend the permitted hours and licensable activities of the premises and to add B) Films, C) Indoor Sporting Events, D) Boxing or Wrestling, H) Anything similar to E, F, or G, I) Facilities for making music and K) Anything similar to I or J to the Premise Licence. 4. Current and Proposed Licensable Activities and hours:
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Affected Wards:
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High Street |
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Recommendations:
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The Committee is asked to decide whether to vary the terms of the 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 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. |
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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
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Report Title:
The title of the report, same as on the summary |
BBLACK ROCKS, 62 HIGH STREET, MAIDSTONE, KENT, ME14 1SR
Application for: To vary a premises licence granted under the Licensing Act 2003
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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 for a Premises Licence to be varied under the Licensing Act 2003, made by Margaret Preedy, in respect of the premises Black Rocks, 62 High Street, Maidstone, Kent, ME14 1SR in respect of which 1 representation (Appendix C) has been received from a Responsible Authority. There have been no representations received from Interested Parties.
Issue to be Decided
Members are asked to determine whether to grant or reject the application.
Background
1. The relevant sections are Part 3 ss 16-19, 23 & 24 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. 1 representation was received from a Responsible Authority
4. The table below illustrates the relevant representation which has been received
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Responsible Authority/Interested Party |
Licensing Objective |
Associated Documents |
Appendix |
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Kent Police |
Crime & Disorder Children from Harm |
Letter |
C |
Kent Police believe that extending the licence runs the risk that the venue will contribute to the NTE arrests that occur between midnight and 03:00 (details Appendix C).
The current licence has the following conditions attached to the operating schedule:
Prevention of Crime and Disorder
1. Sale of alcohol on the ground floor restaurant level will be ancillary to the sale and consumption of a table meal, with the exception of the area near the bar, as indicated on the plan of the premises attached to this licence.
2. The sale of alcohol on the first floor function room level will be ancillary to the consumption of food and the provision of entertainment. Food in this context will mean at least the provision of a buffet or similar, or a table meal.
3. There will be a minimum of two SIA registered door staff on duty from 20.00 hours until close whenever entertainment is provided.
4. All door staff will wear a reflective arm band suitable for the display of their SIA registration badge.
5. No open bottles, containers or other vessels will be permitted to be taken outside of the licensed area, except within an area covered by a KCC Highways Authority permit allowing tables and chairs to be placed on the footpath.
6. CCTV will be installed and working to the satisfaction of the police and the licensing authority.
7. Recordings will be kept for a period of at least 30 days and the police and licensing authority will be permitted reasonable access to recordings.
8. The premises will be a member of the Nitenet radio system.
9. All-inclusive nights or irresponsible drinks promotions will not be permitted.
10. Staff shall be trained to identify any person who is under the influence of any illegal, illicit or intoxicating substance, or any person who is behaving in a disorderly or aggressive manner. Any such person should be reported to the manager, DPS or responsible person on duty and ejected from the premises, or the matter reported to the relevant agency or authority.
Prevention of Public Nuisance
11. The volume of background music will be set at a level such that it will not cause public nuisance and will be adjustable by the manager/DPS or other responsible person only.
Protection of Children from Harm
12. The family/children's area of the restaurant shall be situated away from the main bar.
5. Members are advised that applications cannot be refused in whole or in part, or conditions attached to the licence unless it is necessary to do so to promote the licensing objectives.;
6. The Operating Schedule submitted by the Applicant has addressed the licensing objectives in the following manner:
a) General – all four licensing objectives
N/A
b) The prevention of crime and disorder
CCTV, DOOR SUPERVISION WHEN NECESSARY AND STAFF FULLY TRAINED TO BE OBSERVANT
c) Public safety
CCTV, EXTERNAL LIGHTING, DOOR SUPERVISION WHEN NECESSARY AND STAFF FULLY TRAINED TO BE OBSERVANT
d) Prevention
of public nuisance
DISPERSAL POLICIES AND NOISE REDUCTION MEASURES
e) The protection of children from harm
NO CHILDREN ADMITTED TO ADULT THEME EVENTS, DISCRETIONAL CONTROL OVER ADMISSION OF CHLDREN IN EVENINGS AND CHALLENGE 21
The Police have requested 11 of the conditions that are attached to the original licence to be applied to the varied licence with amendments to:-
2. The sale of alcohol on the first floor function room level will be ancillary to the consumption of food and/or the provision of a pre-arranged entertainment event. (Food in this context will mean at least the provision of a buffet or similar, or a table meal)
3. On nights where entertainment is provided, events where customer numbers are 150 or greater , SIA registered door staff will be employed at the premises, with a minimum of 2 door staff and working on a ratio of 1:100.
8. The premises will be a member of the Nitenet radio system and a member of staff will monitor the radio system at all times that the premises are trading for the sale or supply of alcohol..
Condition 9 can be removed as it is included in Mandatory condition and the following new conditions to be added.
12.No new entry to the premises after 02:00hrs
13.Only pre-arranged events are to run beyond 01:00hrs.
14. A “Challenge 25” policy will be adopted at the premises
15. All staff involved in the sale or supply of alcohol will be fully trained in “Challenge 25” and the training will be fully auditable and available to any responsible authority on request.
16.Notices to advise customers that “Challenge 25” is in force will be prominently displayed in the premises, including at the entrance and by the bar.
17.A system will be employed at the premises to record refusals of sale and all staff are to be trained in its use. The following information will be recorded;
i. Time of refusal
ii. Item refused
iii. Name or description of the person refused
iv. Reason for refusal
v. Name of staff member making the refusal
18. No persons under the age of 18 will be permitted into the relevant areas when “adult” entertainment is provided.
The applicant Margaret Preedy has agreed to all the police conditions (Appendix D)
The Police are happy that the applicant Margaret Preedy has agreed to all their requested conditions being added to the operating schedule. On that basis the Police have verbally agreed with the applicant and the Senior Licensing Officer, that a full hearing is unnecessary. The Police and the applicant will not be attending the hearing and are happy for the Sub-Commitee to apply the conditions to the varied licence in their absence. The Police will provide in writing their reasons for not attending the hearing and this will be available to Sub Committee members on the day of thehearing.
i. 9. Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003;
ii.
Chapters 8 & 9 Premises Licences & Determining
Applications
iii.
Chapter 10 Conditions
iv. Annex D
part 1 Pool of Conditions relating to Crime & Disorder
part 5 Pool of Conditions relating to Children from Harm
Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:
20. Prevention of Crime and Disorder
23. Protection of Children from Harm
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).
23. Protection of Children from Harm
A mandatory condition will be applied requiring access to be restricted to those who meet the required age limit in accordance with any certificate granted by the British Board of Film Classification or in specific cases the Local Authority.
The relaxation in the Licensing Act giving accompanied children greater access to licensed premises is seen as a positive step, which may bring about a social change in family friendly leisure but the risk of harm to children remains the paramount consideration. Clearly, this relaxation places additional responsibilities upon licence holders as well as upon parents and others accompanying children.
The protection of children from harm includes the protection of children from moral, psychological and physical harm and, in relation to the exhibition of films, the transmission of programmes by video or DVD. This includes the protection of children from exposure to strong language, sexual imagery and sexual expletives.
In the event of an unclassified film, then it is expected that the Licensing Authority will view the film before it is shown in the Council’s area.
In certain circumstances children are more vulnerable and their needs will require special consideration. This vulnerability includes their susceptibility to suggestion, peer group influences, inappropriate example, the unpredictability of their age and the lack of understanding of danger.
The body of the Local Authority recognises as being confident to advise on matters relating to the protection of children from harm is Kent Social Services, Brenchley House, County Hall, Maidstone, Kent ME14 1RX.
Concerns
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 prevention of children from harm. These may include the potential for children to:-
· purchase, acquire or consume alcohol
· be exposed to drugs, drug taking or drug dealing
· be exposed to gambling
· be exposed to activities of an adult or sexual nature
· be exposed to incidents of violence or disorder
· be exposed to environmental pollution such as noise
· be exposed to special hazards such as falls from a height
Additional Steps
The following examples of additional steps are given to assist applicants. The Licensing Authority considers them to be important matters that applicants should take account of in the preparation of their Operating Schedule, having regard to their particular type of
premises and/or activities:-
· Effective and responsible management of premises.
· Provision of a sufficient number of people employed or engaged to secure the protection of children from harm.
· Appropriate instruction, training and supervision of those employed or engaged to secure the protection of children from harm.
· Adoption of best practice guidance (Public Places Charter).
· Limitations on the hours when children may be present, in all or parts of the premises.
· Limitations or exclusions by age when certain activities are taking place.
· Imposition of requirements for children to be accompanied by an adult.
· Acceptance of accredited ‘proof of age’ cards, ‘new type’ driving licences with photographs, passport, an official identity card issued by HM Forces or by an EU country bearing the photograph and date of birth of bearer.
N.B. In exceptional circumstances, where necessary, and only where the licensing authority has received relevant representations, it may impose conditions restricting access or excluding children from premises or part of licensed premises:-
a) at certain times of the day, or
b) when certain licensable activities are taking place, or
c) to which children aged under 16 years should have access only when supervised by an adult, or
d) to which unsupervised children under 16 will be permitted access.
Examples of premises where these conditions may be considered include those where:-
a) There have been convictions for serving alcohol to minors or where there is some evidence of under- age drinking.
b) There is a known association with drug taking or dealing.
c) There is a strong element of gambling on the premises.
d) Entertainment of an adult or sexual nature is commonly provided.
e) There is a presumption that children under 18 should not be allowed (e.g. to nightclubs, except where under 18 discos are being held)
f) Licensable activities are taking place during times when children under 16 may be expected to be attending compulsory full-time education.
The Licensing Authority commends the Portman Group Code of Practice on the naming and packaging of alcoholic drinks. See www.portman-group.org.uk for further information.
10.
Options
Legal options open to members -
a) GRANT the licence subject to such conditions as are consistent with the operating schedule accompanying the application; MODIFIED to such extent as the Licensing sub-committee considers necessary for the promotion of the licensing objectives and any relevant mandatory condition
b) EXCLUDE from the licence any of the licensable activities applied for.
c) REFUSE to specify a person in the licence as premises supervisor
d) REJECT the application.
11.
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.
74109
15.
List of
Appendices
Appendix A Application
Form
Appendix B Plan of Premises
Appendix C Police Representation
Appendix D Applicants agreement to Police Conditions
Appendix E Premise Licence
Appendix F Plan of area
Appendix G Human Rights Articles
Appendix H Order of Proceedings
16.
Appeals
The applicant or any interested party (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 |