Your Councillors

Application to vary a premise licence under the Licensing Act 2003 for S & I Food And Wine, 44 Tonbridge Road, Maidstone, Kent, ME16 8SE

Agenda Item No:

1 - Summary of Report

Licence Reference

14/03993/LAPRE

Report To:

Committee Name

Licensing SUB � Committee

(UNDER THE LICENSING ACT 2003)

Date:

Committee Date

24 FEBRUARY 2015��

Report Title:

The title of the report

S & I FOOD AND WINE

44 TONBRIDGE ROAD

MAIDSTONE

KENT

ME16 8SE

Application for: �A premises licence to be varied under the

�� Licensing Act 2003

�

Report Author:

The name of the report author

Lorraine Neale

Summary:

1. The Applicant � �Ismet Kadri Osman

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

Supply of alcohol

Mon - Sun

08:00-23:00

Sun-Thurs

Fri & Sat

06:00-23:00

06:00-01:00

O)�

Opening Hours��

Mon - Sun

08:00-23:00

Sun-Thurs

Fri & Sat

06:00-23:00

06:00-01:00

Affected Wards:

Bridge

Recommendations:

The Committee is asked to determine the application and decide whether to vary the premises licence.

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.

Financial Implications:

�

Costs associated with processing the application are taken from licensing fee income.

Other Material Implications:

�

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:

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:

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

S & I FOOD AND WINE, 44 TONBRIDGE ROAD, MAIDSTONE, KENT, ME16 8SE

Application to: Vary a premises licence under the Licensing Act 2003.

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 Ismet Kadri Osman for S & I Food And Wine, 44 Tonbridge Road, Maidstone, Kent, ME16 8SE (Appendix B) in respect of which 2 objections have been received from other persons (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

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. 2 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

Jon Turner

Public Nuisance

Public Safety

E mail

Joan Clews

Crime & Disorder

Public Nuisance

Public Safety

Children from Harm

Letter

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The general objections are that.another off licence in the area could cause further anti social issues to the area. The premises are situated in a place where any parking would cause public safety issues due to the narrow pavements outside the premises and the potential for additional deliveries being received at the premises. Extending the hours would encourage parking safety issues to continue into the night time economy hours and potential noise problems to continue later.

5. The premises has a current licence, Appendix D. The current licence holder is the applicant, who is also the DPS.

6. The current licence hours are as per the licence attached at appendix D and those licensable activities and hours are Monday � Sunday 08:00 � 23:00.

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

21. The Promotion of Public Safety

22. Prevention of Public Nuisance��

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).

21. The Promotion of Public Safety

The Licensing Authority wishes to ensure the safety of everyone on licensed premises.

Concerns

Capacity

Where existing legislation does not provide adequately for the safety of the public, club members or guests, the occupancy capacity for premises and events (to include performers and staff) may be an important factor in promoting public safety. Subject to the requirements of the following paragraph the Licensing Authority will expect the issue of occupancy capacity and adequate controls of the numbers of persons on premises or attending an event to be considered by an applicant when completing an Operating Schedule.� Where a relevant representation is received in respect of capacity the Licensing Authority will consider setting capacity limits in consultation with the Kent and Medway Fire and Rescue Authority for the following premises:

� Nightclubs

� Cinemas

� Theatres

� Other premises where regulated entertainment within the meaning of the Act is being provided.

The Applicant might also consider the following concerns when assessing the appropriate capacity for premises or events in the Maidstone area. These could include:-

� The design and layout of the premises.

� The nature of the premises or event.

� The nature of the licensable activities being provided.

� The provision or removal of temporary structures, such as a stage or furniture.

� The number of staff available to supervise customers both ordinarily and in the event of an �� emergency.

� The customer profile (e.g. age, disability).

� The attendance by customers whose first language is not English.

� Availability of suitable and sufficient sanitary accommodation.

� The nature and provision of facilities for ventilation.

� The use of special effects such as lasers, pyrotechnics, smoke machines, foam machines, etc.

Where capacity is likely to be reached (such as on known busy evenings) and particularly where a special event or promotion is planned, the applicant will be expected to consider the arrangements

that will be put in place to ensure that the capacity of the premises is not exceeded.

Additional Steps

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

� Suitable and sufficient risk assessments.

� Effective and responsible management of premises

� Provision of a sufficient number of people employed or engaged to secure the safety of the �� premises and patrons.

� Appropriate instruction, training and supervision of those employed or engaged to secure the �� safety of the premises and patrons.

� Adoption of best practice guidance.

� Provision of effective CCTV in and around premises.

� Provision of toughened or plastic non disposable glasses/bottles.

� Implementation of crowd management measures.

� Regular testing (and certification where appropriate)of procedures, appliances, systems etc. �� pertinent to safety.

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.

�� 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 appropriate, 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.

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.

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

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.

�

Purpose of the Report