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Agenda Item No:
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1 – Summary of Report |
Licence Reference |
MAID0185/LPRM/0837 |
Report To:
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Licensing SUB – Committee (UNDER THE
LICENSING ACT 2003) |
Date:
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18th OCTOBER 2011 |
Report Title:
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LASHINGS, 81-83 UPPER STONE STREET, MAIDSTONE, ME15 6SG
Application for Review of a Premises Licence
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Report Author: |
Lorraine Neale |
Summary:
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1. The Applicant for Review – Chief Inspector Griffiths on behalf of the Chief Officer of Police
Protection of Children from Harm:
The premises have served alcohol to a person under 18 on three occasions.
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Affected Wards:
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High Street - West
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Recommendations:
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The Committee is asked to determine the application and decide whether to take such steps as members consider necessary for the promotion of the licensing objectives.
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Policy Overview: |
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 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. |
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 hearing procedure for reviewing premises licences has been formulated to ensure a fair hearing for 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 |
Contacts:
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Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk – tel: 01622 602028 |
Agenda Item No. 1
Report Title:
The title of the report, same as on the summary |
LASHINGS, 81-83 UPPER STONE STREET, MAIDSTONE, ME15 6SG
Application for Review of a Premises Licence |
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 Chief Inspector Griffiths on behalf of the Chief Officer of Police in respect of the premises Lashings, 81-83 Upper Stone Street, Maidstone, ME15 6SG. 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
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 11th September 2005 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) Consider a suspension of the licence for one month.
2) add further conditions to the premise licence.
1) 2 x SIA qualified door staff on duty between 21:00hrs and the end of trading each day.
2) The Challenge 25 Scheme to be implemented at the premises
3) Signage informing customers that Challenge 25 is in operation to be
displayed in the premises in particular at the entrance and by the till.
4) CCTV to be fitted to a standard agreed to by the Police that complies with
the CCTV Code of Practice (2008 edition), produced by the Information
Commissioners Office, with all public areas, including all access and egress
points covered.
5) The CCTV system will be maintained and serviced on a regular basis and
records kept to that effect.
6) CCTV shall be operational at all times that members of the public and or
staff, are on the premises.
7) Images will be retained for a period of at least one calendar month by what
ever means the licence holder deems appropriate.
8) The Police or Local Authority will have access to these images at any
reasonable time and in any case within 48 hours of the request for the image
being made.
9) The Police or Local Authority will be allowed to take a recording by way of
tape, CD Rom, DVD, memory stick or any other appropriate means of the image
within 48 hours of the initial request being made by either the Police or Local
Authority.
10) The DPS and all staff supervisors to undertake the BIIAB Level 1 Award in Responsible Alcohol Retailing.
11) A personal licence holder will be present at all times that the premises
are trading for the sale of alcohol.
12) A written refusals book will be kept at the premises and all staff fully trained
in it’s use. The book will be bound and clearly marked. The following
information will be recorded in this book:
(i Time of refusal
(ii) Item refused
(iii) Name or description of the person refused
(iv) Reason for refusal
(v) Name of the staff member making the refusal
13) The refusal book will be made available for inspection to any Police
Officer, Local Authority Licensing Officer or Trading Standards Officer at any
reasonable time.
- Members are advised that they may only modify premises licences if it is necessary to promote the licensing objectives.
- Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003;
Chapter 2 Licensing Objectives – para 2.41
onwards protection of children from harm
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
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 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.
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”
Implications Assessment
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
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 |