Application for a premises licence to be varied under the Licensing Act 2003 for Bredhurst Village Hall


Agenda Item No:


1 - Summary of Report

Licence Reference


Report To:


Committee Name

Licensing SUB – Committee




Committee Date

27 October 2016                          

Report Title:


The title of the report








Application for:  A premises licence to be varied under the                            Licensing Act 2003


Report Author:


The name of the report author

Lorraine Neale





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 –  Bredhurst Village Hall Committee

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




Mon - Sun


Mon - Sun



Live Music


Mon - Sun


Mon - Sun



Recorded Music


Mon - Sun


Mon - Sun



Performance of dance


Mon - Sun


Mon - Sun



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


Mon - Sun


Mon - Sun



Supply of alcohol

(On & Off the premises)

Extend licence on the 31st December to sell alcohol until 12:30 on January 1st.



Mon – Thurs









Opening Hours


To be open until 01:00 on January 1st (following New Year’s Eve)




Mon - Sun


The variation application also asks to vary the name of the licence holder to: Bredhurst Village Hall Management Committee. However, this requires an application for a transfer which may be made separately.


Also the removal of the following conditions from the Premise Licence.


A new Fire Equipment Certificate shall be forwarded to this office prior to or on the date of expiry of the current Certificate on 31 October 2005, and thereafter each year on the anniversary of this date.




A new Electrical Certificate shall be forwarded to this office prior to or on the date of expiry of the current Certificate on 1 December 2005, and thereafter each year on the anniversary of this date.


A new Emergency lighting Certificate shall be forwarded to this office prior to or on the date of expiry of the current Certificate on 1 December 2005, and thereafter each year on the anniversary of this date.





Affected Wards:


All those wards affected by the proposal.




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



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

Mrs Lorraine Neale at: – tel: 01622 602028


Agenda Item No. 1


            Report Title:


The title of the report, same as on the summary

Bredhurst Village Hall Committee, Hurstwood Road, Bredhurst, Gillingham, Kent, ME7 3JZ



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 Bredhurst Village Hall Committee for Bredhurst Village Hall, Hurstwood Road, Bredhurst, Gillingham, Kent, ME7 3JZ  in respect of which 11 responses have been received from other persons, 7 of which are objections and 4 showing support (Appendices  C & D).  


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:

Grant the application as applied for, or

Grant the application and modify conditions of the licence, or

Reject all or part of the application



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 notices         displayed on the premises for the required period.

3.               There were no representations received from responsible authorities.

4.               11 responses were received from other persons 7 against and 4 in support.

              The table below illustrates the relevant responses which have been received

Responsible Authority

/Interested Party

Licensing Objective

Associated Documents






Pamela Newman

Public Nuisance




Mr Martin Jones


Public Nuisance



Mr Jim Chalmers

Public Nuisance

Public Safety




Mr Stephen P Page LL.B

Public Nuisance




David & Gerarda Olver

Public Nuisance




Bredhurst Parish Council – Bex Ratchford (Clerk)

Crime & Disorder

Public Nuisance

Public Safety

Children from Harm



Graham & Evelyn Elford-Knox


Public Nuisance











Mrs Mary Gough

In Support




Mr John Sanders

In Support




Alan Rose – Trustee BVH

In Support




Alan Tuff – Trustee BVH

In Support





            There appear to be concerns that the requested hours and the addition of alcohol to          the licence will potentially contribute to noise nuisance and unsociable behaviour 7             days a week, The objectors believe it will have a detrimental effect by noise, anti-        social behaviour, increasing traffic and parking problems in a quiet rural area which      would affect the Village Hall’s closest neighbours, the majority of which are elderly.           However the variation application does not increase the terminal hours of the            licensable activities, the only exception being the opening hours of the premises.

            There have also been submissions of support for the application by residents who             believe that the Hall and its current Committee can only improve the facilities there             for the benefit of the village. Further documentation has been submitted by Alan Rose, Trustee of Bredhurst Village Hall. These documents relate to a Parish Council             meeting held on 17.10.2016. Bredhurst Parish Council submitted questions to        Bredhurst Village Hall Management Committee and it was those responses that         were discussed at that meeting. Bredhurst Parish Council would wish to see the        application to vary not approved but request consideration of a list of conditions          should Members be minded to approve.

5.     The premises has a current licence, Appendix E. The current licence holder is the             applicant.


6.     The current licence hours are as per the licence attached at appendix E and set out at 3 of the summary above. The embedded conditions 3-5 are requested to be removed and there have been no objections to this. Condition 6. Should also be removed as no longer applicable.



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;

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

              Chapter 10 Conditions.


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


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

            17.9.   Prevention of Crime and Disorder

            17.16. The Promotion of Public Safety

            17.19. Prevention of Public Nuisance        

            17.23. Protection of Children from Harm




            Under the Act the Licensing Authority has a duty to promote the licensing   objectives, and, a further duty under the Crime and Disorder Act 1998 to do all it    reasonably can to prevent crime and disorder in the borough. 

17.10   The applicant will be expected to detail in their operating schedule how they will     prevent crime and disorder on and close to the premises.  Such detail should   reflect the licensable activities on offer, location and character of the area, the       nature of the premises use and the range of customers likely to use the premises.

            These may include, but are not limited to, the following:

•          Prevention of disorderly conduct and anti-social behaviour

•          Prevention of underage drinking

•          Prevention of sales of alcohol to intoxicated customers

•          Prevention of drunkenness both on and in the vicinity of the premises

•          Prevention of drug use and drug dealing

•          Restriction to responsible drinks promotions

•          Use of safety glass

•          Inclusion of a wind-down time following alcohol sales period

•          Adequate seating to discourage “vertical drinking”

•          The offer of food and snacks or other entertainment or occupation to                                  discourage persistent drinking

17.11   In busier premises the Licensing Authority would usually expect to see a short       (e.g.30 mins)  ‘wind down’ or ‘drinking up’  period allowed for after the cessation           time of entertainment and alcohol sales as this is effective in assisting in a         reduction in noise and exuberance of customers before leaving the premises.

17.12   Applicants will be expected to seek advice from the Police and the Licensing         Authority will give appropriate weight to requests by the Police for premises to be       protected by SIA registered door staff subject to the provision of relevant evidence.     Where the Licensing Authority determines after consultation with the police that a   premises is one that warrants additional security and monitoring it would expect     applicants to include the provision of     SIA approved door staff at the premises at    appropriate times.  Relevant   premises are usually those used mainly for drinking         alcohol, have later opening hours and are situated within the Town Centre night     time economy area. 

17.13   Where appropriate, applicants for licences in the Town Centre areas providing       mainly             alcohol, music and dancing would be expected to consider inclusion of  a    provision of safety glasses to prevent a risk of injury on the rare occasion that a       glass may be used as a weapon.

17.14   The use of CCTV should be considered where appropriate or on the advice and    recommendations of the Police and to a quality and standard approved by the           Police for evidential purposes.  Licensees will be expected to fully comply        with      the requirements of the Information Commissioners Office and the Data Protection        Act 1998 in respect of any surveillance equipment installed at a premises.

17.15   In any application resulting in hearing the sub-committee will consider each            application on its individual merits and determine the imposition of conditions     that are appropriate to promotion of the licensing objectives.


            The applicant will be expected to show how the physical safety of persons             attending the   premises will be protected and to offer any appropriate steps in           the operating schedule to promote this.

17.17   Such steps will not replace the statutory obligation on the applicant to comply         with all relevant legislation under the Health and Safety at Work etc.  Act 1973 or         under the Regulatory Reform (Fire Safety) Order 2004.

17.18   Applicants will be expected to have carried out the necessary risk assessments to             ensure safe occupancy levels for the premises.  Where a representation from the         Fire Authority suggests that for the promotion of the Public Safety           objective a       maximum occupancy should be applied, the Licensing Authority will consider             adding such a limit as a licence condition.

            Where appropriate an operating schedule should specify occupancy limits for the following types of licensed premises:

            (i)         High Volume Vertical Drinking e.g. premises that provide mainly stand up                                      drinking facilities with limited seating/table space and the primary activity                                        is the sale of alcohol

            (ii)        Nightclubs

            (iii)        Cinemas

            (iv)       Theatres

            (v)        Other premises where regulated entertainment is likely to attract a large                                         number of people.

            (vi)       Where conditions of occupancy have arisen due to representations                                                received.





            The applicant will be expected to detail any appropriate and proportionate steps to             prevent nuisance and disturbance arising from the licensable activities at the premises and from the customers using the premises.

17.20   The applicant will be expected to demonstrate that they have considered the         following and included steps to prevent public nuisance:

            (i)         Proximity of local residents to the premises

            (ii)        Licensable activities proposed and customer base

            (iii)        Hours and nature of operation

            (iv)       Risk and Prevention of noise leakage from the premises from equipment,                                      customers and machinery

            (v)        Prevention of noise from customers leaving the premises and customer                                         pick up points outside premises and from the Car Park.

            (vi)       Availability of public transport to and from the premises

            (vii)      Delivery and collection times and locations.

            (viii)      Impact of external security or general lighting on residents.

            (ix)       History of management of and complaints about the premises.

            (x)        Applicant’s previous success in preventing Public Nuisance.

            (xi)       Outcomes of discussions with the relevant Responsible Authorities.

            (xii)      Impact of location, noise and contamination from outside smoking areas                                        on neighbours and other customers

            (xiii)      Collection of litter arising from the premises

17.21   Steps to prevent public nuisance may include a range of options including noise    limiting devices, sound insulation, wind down periods, acoustic lobbies,        management of smoking areas etc.

17.22   Steps will differ depending on the individual premises and activities and it is for      the applicant to ensure that reasonable, effective and appropriate steps are             included within the operating schedule.


            Applicants will be expected to detail any appropriate and proportionate steps to      protect children at the premises from any harm. The Licensing Authority    recognises the right of licensees (serving alcohol) to allow accompanied children            into their premises.  The Licensing Authority would not seek to restrict access by             children (above that specified in the Act) unless it is necessary for the prevention   of         physical, moral or psychological harm.

17.24    Steps to protect children from harm must be carefully considered for inclusionwhere:

(i)         There is entertainment or services of an adult nature provided.

(ii)        There have been previous convictions for under age sales of alcohol.

(iii)       There has been a known association with drug taking or dealing.

(iv)      There is a significant element of gambling on the premises.

(v)       There is a presumption that children under 18 should not be permitted entry such as to nightclubs (apart from when specific events are held for under 18’s).

(vi)      Outcomes of discussions with relevant Responsible Authorities suggest such steps are applicable.

17.25                Nothing in the Licensing Act prevents licensees from excluding children from a licensed premises and no condition can be added to require the admission of children. 

17.26                            Where there are no matters that give rise to concern in respect of children                         at premises the Licensing Authority would expect to see the relevant box                                on an application form completed to specify NONE.

9.         Options

          Legal options open to members -

          Grant the variation application as applied for., or

          Grant the variation and modify conditions of the licence, or

          Reject all 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     Letters of Support – Other persons

                         Appendix E     Existing Premises Licence

            Appendix F      Plan of area

            Appendix G     Human Rights Articles           
            Appendix H     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.






Senior Licensing Officer