Contact your Parish Council
LICENSING ACT 2003 SUB COMMITTEE
MINUTES OF THE MEETING HELD
WEDNESDAY 16th JULY 2008 AT 10:00 AM
THE TOWN HALL, HIGH STREET, MAIDSTONE
PRESENT:
Committee Members: Councillor Parvin (Chairman)
Councillor Sellar
Councillor Fitzgerald
Council Officers: Jayne Bolas – Legal Advisor
Lorraine Neale – Senior Licensing Officer
Applicant: Mr Majid Javadi and Mr Hamid Javadi
Witnesses N/A
Responsible Authorities: Mr P Hedges - on behalf of Maidstone
Group Fire Safety Office
Interested Parties: N/A
DISCLOSURES BY MEMBERS AND OFFICERS
There were none.
DISCLOSURES OF LOBBYING
There were none.
EXEMPT ITEMS
RESOLVED: That the items on the Agenda be taken in public as proposed.
Application for a Premises Licence to be granted under the Licensing Act 2003 for Beluga Bar, Maidstone, Kent, ME18 5EB.
Opening Remarks
The Chairman opened the meeting
by asking all parties to introduce themselves. He then read out to all
present the administrative matters as set out in the Licensing Act Sub Committee Hearing – Order of Proceedings document. All participants confirmed that
they had copies of and understood the procedure. All Committee Members
confirmed that they had read the papers beforehand.
No Draft Conditions
No Witnesses
i. Councillor Mr Parvin asked if anyone had any opening remarks
Mr Hedges stated that verbal agreement had been reached on two conditions 1. Not to trade until Building Control requirements are met and 2. Not to trade until Fire & Rescue Service are satisfied with the premises. He had consulted with Mr Javadi and agreed in principle the Fire Safety Risk Assessment. He did not want Mr Javadi to start trading until complete agreement had been reached and a letter of confirmation was issued by the Fire Service to that effect.
The Chairman asked the applicant if he was in agreement
Mr M Javadi replied yes, they would not trade until full agreement with the Fire Service had been reached.
Mr Hedges pointed out that he had worked in conjunction with Mr Javadi that there had been complete cooperation during the process, that it had not been confrontational but a consultation process.
The Chairman made reference to the applicants request for an extra half hour opening time and the provision of an outside area.
The Hearing
Jayne Bolas gave a brief description and outlined the application for the grant of a premise licence for the Beluga Bar, mention was made of the representation received from the Police and the withdrawal following agreed conditions and amendment to the operating schedule.
Mr M Javadi explained that extensive work had been carried out to improve facilities at the premises over the last couple of years and work should be completed in the next 4 – 6 weeks.
Councillor Sellar queried the capacity numbers, that currently numbers were approx 500 what would they increase to?
Mr M Javadi explained that he had employed a consultant, who used to work for the Fire Service and that he was dealing with Mr Hedges in negotiating numbers. Preliminary numbers have been given by Mr Hedges at 1050.
The Chairman asked would there be specific numbers in specific areas.
Mr M Javadi answered yes, numbers would be allocated to each area and there would be a Management Strategy Plan which would recommend controls to monitor numbers between floors.
The Chairman asked if Mr Hedges would like to present his case.
Mr Hedges explained that the numbers would be spread over the three floors with the basement area restricted to 50 people only, and the remaining split over the other two floors. The numbers had been agreed in principle but more details were required on the physical management required and that if these numbers had to be evacuated that they were able to access an area of Ultimate Safety rather than just Relative Safety. Various measures had been offered by Mr M Javadi and the fire engineer as solutions, but nothing had been confirmed as yet especially when evacuating people from the footprint of the building. The Fire Risk Assessment covers most of the necessary requirements but it needs updating to safeguard safe evacuation. Mr Hedges made the comment that he was conscious of not duplicating overlapping legislation.
Mr M Javadi re iterated that he would cooperate with the Fire Service fully.
Councillor Sellar asked if a maximum number had been decided and did it include staff.
Mr Hedges answered that the number that had been agreed was 1150 and was the number for paying customers only.
Councillor FitzGerald voiced concerns about the number of exits and queried if there were enough sufficient means of escape. He asked Mr Hedges if he was satisfied with the exits offered and with the area of Ultimate Safety. He also asked who it was that determined the number of Door Staff on duty.
Mrs Bolas explained that Door Staff numbers were not related to fire issues but that the Sub-Committee could impose conditions on Door Staff numbers that were reasonable and proportionate in relation to bomb scare and/or evacuation situations and relate to Licensing Objectives if they wished.
Mr Hedges informed the Sub- Committee that the Police Bomb Squad had agreed in principle the strategy for the evacuation procedure proposed by Mr M Javadi and that all parties had been working on it collectively over a two year period but were not yet completely in agreement.
Councillor Sellar asked about one of the exits going through to 71 Bank Street.
Mr Hedges answered that there were two exits to the rear of the building which led to a holding area, then people would be ushered from the holding area through two singular exits away from the premises.
iii
Closing
Speeches
Mr Hedges asked that after listening to the evidence the Sub-Committee set the two conditions as requested as he believed them to be reasonable.
Mr M Javadi pointed out that he had run club establishment’s successfully for some 40 years and had always co operated fully with the Police and other Services and had a successful operation.
The Chairman asked what kind of staff training was undertaken.
Mr M Javadi explained that door staff were SIA trained, there was also in-house training. Both addressed crowd management and safety.
The Chairman asked if training was continuing.
Mr M Javadi answered yes.
The Chairman asked why the extra half an hour opening time had been requested.
Mr M Javadi explained he was just following the trend set by the surrounding establishments and it just gave him that extra bit of freedom in running his own establishment.
Councillor Parvin asked why the garden was being licensed
Mr M Javadi explained that it allowed people to smoke and to take their drinks with them.
Councillor Parvin asked Mr Hedges if he had any concerns about the garden being licensed.
Mr Hedges explained that all the tables and chairs would be fixed so they would not compromise escape
End of Hearing
The
Chairman brought the Hearing to a close and asked that Mrs Bolas remain with
the Sub Committee Members during their deliberations.
The
Decision
The
Sub Committee came to the decision as shown in the Notice of Determination at
Appendix A.
The
Chairman brought the meeting to a close and advised that interested parties
and responsible authorities should be aware that they may apply for a review
of a licence, should evidence of issues relevant to the Licensing Objectives arise in the future. Parties should also be aware that other
legislation, such as the Environmental Protection Act, offer protection to the
public from issues such as statutory nuisance. He also pointed out that
Objectors had the Right to Appeal to the Local Magistrates within 21 days. He
then informed all present that a written notice of determination would
be sent to everybody.
LICENSING AUTHORITY: MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003
LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005
NOTICE OF DETERMINATION
Application Ref No:
Applicant: Mr
Majid Javadi & Mr Hamid Javadi
Regarding Beluga Bar
73 Bank Street
Maidstone
ME14
1SN
Date of hearing: 16/07/08
Date of determination: 16/07/08
Committee Members: [Chairman]:
Councillor Parvin
Councillor Sellar
Councillor
FitzGerald
Legal Advisor in attendance at hearing(s): Mrs J Bolas
Senior Licensing Officer in attendance at hearing(s): Mrs L Neale
This was an
application for:
* Variation R Grant
* Provisional Statement * Review * Other …………
for a
R Premises Licence * Club Premises Certificate * Personal Licence
* Temporary Event Notice
A: Representations, evidence and submissions:
The Committee considered the representations, evidence and submissions of the following parties:
Applicant
· Name: Mr Majid Javadi and Mr Hamid Javadi
Responsible Authorities
b)
Fire &
Rescue Service
·
Mr Peter Hedges
B:
Consideration
of the Licensing Act 2003, the Guidance under s. 182 of the Act and the
Statement of Licensing Policy of Maidstone Borough Council
The Committee has taken into account
the following provisions of the Licensing Act 2003 and the Regulations
thereto:
Section 16-24 which relate to the grant of a premises licence;
The Committee has taken into account the following provisions of the Guidance
under section 182 of the Act:
Chapter 2 which relates to the licensing objectives
Chapter 8 & 9 which relates to
premises licences & determinations
Chapter 10 which relates to conditions attached to licences;
Annexe D which relates to potential conditions.
The Committee has taken into account the following provisions of its Statement
of Licensing Policy:
Chapter 19 which
relates to the 4 licensing objectives;
Chapter 21 which relates to public
safety
C: Determination:
The Committee has decided to:
grant the application subject to
modified conditions necessary for the promotion of the licensing objectives.
If so, state the modified conditions:
- mandatory conditions under sub section 19 – 21 of the Licensing Act 2003
-
conditions consistent with the operating schedule including those
currently numbered 1 – 32 agreed with Kent Police (paragraph 9 of
the committee report).
- Additional conditions
1.
That the maximum
number of persons (not including staff) permitted on the premises during
licensable activities and thereafter until closing on that day shall be 1150.
2. No licensable activities shall take place on the premises until such time as the Building Control Officer has confirmed completion of the premises in accordance with the plans.
3. No licensable activities shall take place on the premises until such time as
Kent Fire and Rescue Service have confirmed in writing that they are satisfied with capacity for various floors, numbers of staff to supervise evacuation including their training and the management strategy for control of numbers and evacuation.
Reasons for determination:
3.
Public Safety
Reasons (state in
full):
The Licensing Sub-Committee decided that it is necessary and proportionate to promote the licensing objective of public safety by additional conditions to secure that safe evacuation of the premises is ensured in any emergency event eg: bomb threat or public disorder.
The
Sub-Committee understand that fire safety will be dealt with under the Regulatory
Reform (Fire Safety) Order 2005 and is the responsibility of Kent Fire
& Rescue Service
4.
PRINT NAME (CHAIRMAN): Councillor Peter Parvin
Signed [Chairman]: A copy of the original document is held on file
Date: 16/07/08