Application to vary a premises licence under the Licensing Act 2003.

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

Agenda Item No:

 

1 - Summary of Report

Licence Reference

15/03082/LAPRE

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

3 NOVEMBER 2015                          

Report Title:

 

The title of the report

QUEEN ANNE PUBLIC HOUSE

11 QUEEN ANNE ROAD

MAIDSTONE

KENT

ME14 1HA

 

Application for:  A premises licence to be varied under the

                             Licensing Act 2003

 

 

Report Author:

 

The name of the report author

Lorraine Neale

 

 

Summary:

 

 

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 –  Admiral Taverns Ltd

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

E)

Live Music

(Indoors)

Mon - Sun

11:00-23:30

Sun- Thurs

Fri & Sat

 

11:00- 01:00

11:00- 03:00

F)

Recorded Music

(Indoors)

Mon - Sun

11:00-23:30

Sun- Thurs

Fri & Sat

 

11:00- 01:00

11:00- 03:00

G)

Performance of dance

(Indoors)

Mon - Sun

11:00-23:30

Sun- Thurs

Fri & Sat

 

11:00- 01:00

11:00- 03:00

H)

Anything of a similar nature to (e),(f) or (g)

(Indoors)

Mon - Sun

11:00-23:30

Sun- Thurs

Fri & Sat

 

11:00- 01:00

11:00- 03:00

I)

Late Night Refreshment

(Indoors)

Mon - Sun

23:00-01:30

Sun- Thurs

Fri & Sat

 

23:00- 01:00

23:00- 03:00

M)

Supply of alcohol

(On & Off the premises)

Mon - Sun

11:00-01:00

Sun-Thurs

Fri & Sat

11:00- 01:00

11:00- 03:00

O)

Opening Hours

Mon - Sun

11:00-01:30

Sun-Thurs

Fri & Sat

11:00- 01:30

11:00- 03:30

 

 

 

Non  standard timings

When hours of sale of alcohol are extended on Bank Holidays these hours are also extended to operate between 10:00 and 01:00

Additional hour to the standard/non standard times on the day British summertime begins.

 

To include the standard hours plus 1 extra hour for:

All Bank Holidays

Christmas Eve

 

 


Affected Wards:

 

All those wards affected by the proposal.

High Street

Recommendations:

 

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

 

Contacts:

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

Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk – tel: 01622 602028


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

Queen Anne Public House, 11 Queen Anne Road, Maidstone, Kent, ME14 1HA

 

 

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 A), made by Admiral Taverns Ltd for Queen Anne Public House, 11 Queen Anne Road, Maidstone, Kent, ME14 1HA (Appendix B) in respect of which 35 objections have been received from other persons by means of a petition (Appendix C).  

 

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 modify conditions of the licence or reject all or part of the application

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.

 

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 a notice displayed on the premises for the required period.

3.             There were no representations received from responsible authorities.

4.             35 representations were received from other persons.

The table below illustrates the relevant representations which have been received

Responsible Authority

/Interested Party

Licensing Objective

Associated Documents

Appendix

Mr & Mrs A J & J E Langley

Crime & Disorder

Public Nuisance

Petition

C

M Wheeler

Crime & Disorder

Public Nuisance

Petition

C

E M Pyke

Crime & Disorder

Public Nuisance

Petition

C

P Stock

Crime & Disorder

Public Nuisance

Petition

C

S Tribe

Crime & Disorder

Public Nuisance

Petition

C

J Gatland

Crime & Disorder

Public Nuisance

Petition

C

L Ceesay

Crime & Disorder

Public Nuisance

Petition

C

A G Johnson

Crime & Disorder

Public Nuisance

Petition

C

R Powell

Crime & Disorder

Public Nuisance

Petition

C

J & E Joscelyn

Crime & Disorder

Public Nuisance

Petition

C

Mr & Mrs P & G Cordrey

Crime & Disorder

Public Nuisance

Petition

C

Ms V Gooding

Crime & Disorder

Public Nuisance

Petition

C

G Whitehead

Crime & Disorder

Public Nuisance

Petition

C

D Figg

Crime & Disorder

Public Nuisance

Petition

C

Mr & Mrs M & G Simpson

Crime & Disorder

Public Nuisance

Petition

C

Mr & Mrs B & M Gagne

Crime & Disorder

Public Nuisance

Petition

C

M  Woollven

Crime & Disorder

Public Nuisance

Petition

C

M  Marshall

Crime & Disorder

Public Nuisance

Petition

C

E  Vicoin

Crime & Disorder

Public Nuisance

Petition

C

P  Leith

Crime & Disorder

Public Nuisance

Petition

C

M  Rogers

Crime & Disorder

Public Nuisance

Petition

C

M A Dowd

Crime & Disorder

Public Nuisance

Petition

C

Mr & Mrs P & P Milling

Crime & Disorder

Public Nuisance

Petition

C

S Hurst

Crime & Disorder

Public Nuisance

Petition

C

J Harrison

Crime & Disorder

Public Nuisance

Petition

C

P Priestley

Crime & Disorder

Public Nuisance

Petition

C

S Morgan

Crime & Disorder

Public Nuisance

Petition

C

J Young

Crime & Disorder

Public Nuisance

Petition

C

S Stevens

Crime & Disorder

Public Nuisance

Petition

C

 

   The general objections are that the already excessive noise nuisance will continue on longer to an even further unreasonable time of 3:30 and that the removal of the condition from the  premise licence of withdrawal of membership from the night net scheme causes concern, however the details of those concerns have not been explained.

5.             The premises has a current licence, Appendix D. The current licence holder is the applicant, and the current DPS is Mr Ronald Hall.

 

6.             The current licence hours are as per the licence attached at appendix D and set out at 3 of the summary above.

 

 

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;

i.                             

              Chapters 8 (8.42 onwards) & 9 Premises Licences & Determining Applications

             
              Chapter 10 Conditions NB: There is Home Office Supporting Guidance on Pools of               Conditions but this is not statutory guidance.

 

Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:

ii.                          

Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:

20. Prevention of Crime and Disorder

22. Prevention of Public Nuisance   

 

 

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).

 

 

22. Prevention of Public Nuisance

 

Licensed premises can cause adverse impacts on communities through public nuisance. The Licensing Authority wishes to maintain and protect the amenity of residents and other businesses from any nuisance caused by the operation of licensed premises whilst

recognising the valuable cultural, social and business importance that such premises provide.

 

The Licensing Authority will interpret ‘public nuisance’ in its widest sense, and takes it to include such issues as noise, light, odour, litter and anti-social behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.

 

Concerns

 

When addressing the issue of prevention of public nuisance, 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 likelihood of public nuisance. These may include:-

 

·  The location of the premises and their proximity to residential and other noise sensitive     premises, such as hospitals, hospices and places of worship.

·  The hours of operation, particularly if between 23.00 and 07.00.

·  The nature of activities to be provided, including whether those activities are of a temporary or     permanent nature and whether they are to be held inside or outside premises.

·  The design and layout of premises and in particular the presence of noise limiting features.

·  The occupancy capacity of the premises.

·  Last admission time.

· The steps the applicant has taken or proposes to take to ensure that staff leave the premises        quietly.

·  The steps the applicant has taken or proposes to take to prevent disturbance by patrons   arriving or leaving the premises.

·  Whether routes to and from the premises, on foot or by car or service or delivery vehicles,           pass residential premises within the vicinity of the Premises.

·  Whether other measures have been taken or are proposed such as the use of CCTV or the    employment of registered door supervisors.

·  The arrangements made or proposed for parking by patrons, and the effect of this parking on      local residents.

·  The likelihood of any violence, disorder or policing problems arising if a licence were granted.

·  Whether taxis and private hire vehicles serving the premises are likely to disturb local       residents.

·  The siting of external lighting, including security lighting that is installed inappropriately.

·  Whether the operation of the premises would result in increased refuse storage or disposal           problems or additional litter in the vicinity of the premises and any measures or proposed        measures to deal with this.

·  The history of previous nuisance complaints proved against the premises, particularly where        statutory notices have been served on the present licensees.

 

 

Additional Steps

 

The following examples of additional steps are given as examples for applicants to consider in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-

 

·  Effective and responsible management of premises.

·  Appropriate instruction, training and supervision of those employed or engaged to prevent            incidents of public nuisance.

·  Control of operating hours for all or parts (e.g. garden areas) of premises, including such matters as deliveries.

·  Adoption of best practice guidance (e.g. Good Practice Guide on the Control of Noise from          Pubs and Clubs, produced by Institute of Acoustics).

·  Installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices.

·  Management of people, including staff, and traffic (and resulting queues) arriving and leaving      premises.

·  The incorporation of measures for ensuring the safe and swift dispersal of patrons away from      premises and events without causing nuisance or public safety concerns to local residents.

·  Effective ventilation systems to prevent nuisance from odour.

 

N.B. Where relevant representations are received which the Licensing Sub Committee consider material particular consideration will be given to the impact on residential amenity of proposals for the provision of late night refreshment where these are either located in, or encourage people to move through, residential areas.

 

 

11.         Options

Legal options open to members -

            a) MODIFY the conditions of the licence.

   b) REJECT the whole 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 A      Application Form
Appendix B      Plan of Premises

            Appendix C     Representations –Other persons

                         Appendix D     Existing Premises Licence

            Appendix E      Plan of area

  Appendix F      Human Rights Articles           
  Appendix G     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.

 

Contact:

Email:

 

 

Senior Licensing Officer

lorraineneale@maidstone.gov.uk