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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

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

MARMARIS, 44 MOTE ROAD, MAIDSTONE, ME15 6ES     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 .

 

The report advises Members of an application for the review of a premises licence, brought by Richard Strawson on behalf of the Kent County Council Trading Standards in respect of the premises Marmaris, 44 Mote Road, Maidstone, ME15 6ES. There have been no representations from any other Responsible Authorities or Interested Parties.

 

Issue to be Decided and Options

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.

 

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 29th May 2008 a copy is attached as Appendix B

 

 

5.           The application has been correctly advertised with a notice displayed on the premises and at the Council offices for the required period.

6.            The applicant is requesting that the Sub-Committee:-

1)   suspend the licence for at least 14 days.

 

2)   add further conditions to the premise licence.

 

                 i.             The sale of alcohol may only be transacted by a personal licence holder at all times. At any time when no personal licence holder is present to make a sale, a sign will be displayed prominently to make purchasers aware that there are to be ‘NO ALCOHOL SALES’

 

             ii.            Additional posters will be displayed on the premises in a location to be agreed by Kent Police and Local Authority Officers to raise awareness of customers as to the issue of ‘proxy sales.

 

3)    Existing conditions 12, 13 and 14 should be amended to reflect a change in best practice recommendations from ‘Challenge 21’ to ‘Challenge 25’.

 

 

 

7. Members are advised that they may only modify premises licences if it is necessary to promote the licensing objectives.
8. Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003; 

            Chapter 2                   Licensing Objectives – para 2.13
            Chapter 10                 Conditions attached to Premises Licences

                        Chapter 11                 Reviews

 

Annex D, part 5

Pool of conditions relating to the protection of children from harm

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

 

           

Chapter 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.

 

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 1998 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 to prevent, crime and disorder in its area”

If you have introduced sub headings you may need to edit paragraph numbering.

 

Implications Assessment

 

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