Your Councillors


Application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003 for Capitol Express, 11 Snowdon Parade, Snowdon Avenue, Maidstone, Kent, ME14 5NS

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

 

 1 – Summary of Report

Licence Reference

17/01684/LAPRE

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

Committee Date

 12th June 2017

Report Title:

 

The title of the report

CAPITOL EXPRESS, 11 SNOWDON PARADE, SNOWDON AVENUE, MAIDSTONE, KENT, ME14 5NS

 

Application to: Vary a premises licence to specify an individual as designated premises supervisor 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 – Snowden Food Store Limited

 

2.  Type of authorisation applied for: To vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003. (Appendix A)

3.  Grounds of police objection:  It is the opinion of the Police that the licensing objectives would not be upheld if Bulent Ok becomes the designated premises supervisor, the variation changes a name on paper but does not change the ethos at the premises.(Appendix B)

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 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 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:

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 necessary to consider the rights of the applicant.

Background Papers:

This should list all relevant background documents which support the report.

 

Licensing Act 2003
Home Office Guidance Document issued under section 182 of The Licensing Act 2003
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

 CAPITOL EXPRESS, 11 SNOWDON PARADE, SNOWDON AVENUE, MAIDSTONE, KENT, ME14 5NS

 

Application to: Vary a premises licence to specify an individual as Designated Premises Supervisor 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 to specify an individual as Designated Premises Supervisor under the Licensing Act 2003, made by Snowden Food Store Limited, in respect of the premises Capitol Express, 11 Snowdon Parade, Snowdon Avenue, Maidstone, Kent, ME14 5NS to which a representation has been received from the Kent Police, a copy of which is shown in the appendices at the end of this report.

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.

 

Members must, having regard to the application and the police objection notice, decide whether to grant the application or reject the application if members consider it necessary for the promotion of the crime prevention objective to do so.

The relevant statutory provisions are section 37 to 40 inclusive of the Licensing Act 2003.

The Home Office Guidance at paragraphs 4.31 – 4.41 is relevant, particularly paragraphs 4.39 – 4.41 which states:

 

4.39 The police may object to the designation of a new premises supervisor where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective. The police can object where, for example, a DPS is first specified in relation to particular premises and the specification of that DPS in relation to the particular premises gives rise to exceptional concerns. For example, where a personal licence holder has been allowed by the courts to retain their licence despite convictions for selling alcohol to children (a relevant offence) and then transfers into premises known for underage drinking.

 

4.40 Where the police do object, the licensing authority must arrange for a hearing at which the issue can be considered and both parties can put their arguments.  The 2003 Act provides that the applicant may apply for the individual to take up post as DPS immediately and in such cases, the issue would be whether the individual should be removed from this post.  The licensing authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision. Either party would be entitled to appeal if their argument is rejected..”

 

4.41 The portability of personal licences between premises is an important concept under the 2003 Act. It is expected that police objections would arise in only genuinely exceptional circumstances. If a licensing authority believes that the police are routinely objecting to the designation of new premises supervisors on grounds which are not exceptional, they should raise the matter with the chief officer of police as a matter of urgency.



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 application to vary the premises licence to specify an individual as designated premises supervisor is attached at Appendix A.

2.           The objection notice of the police is attached at Appendix B.

3.           Members are advised that they may only reject the application if members consider it necessary for the promotion of the crime prevention objective to do so.

4.           The relevant section of The Guidance issued under section 182 of The Licensing Act 2003 is Chapter 4: paragraphs 4.31 – 4.41

5.           There is no particular relevant chapter within the Licensing Authority’s Statement of Licensing Policy.

6.           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 functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area”

If you have introduced sub headings you may need to edit paragraph numbering.

 

Implications Assessment

 

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 they truly apply.

 

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.

 

7.           The decision should be made with regard to Home Office Guidance.  Members should be aware that if such a departure is made the risk of appeal / challenge is increased.

8.           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

It is here that the salient conclusions should be highlighted and these should link to the recommendations.  It is not necessary to repeat the recommendations on the full report as these will already appear on the summary page.  Authors should end by saying that the recommendations are contained on the summary page.

 

9.           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

10.        Appendix A     Application Form
Appendix B     Police objection notice

Appendix C     Premise Licence

Appendix D     Plan of the Premises

Appendix E     Plan of the area

Appendix F      Human Rights Articles

Appendix G     Order of Proceedings

 

                       


 

Appeal

11.        The applicant or the Chief Officer of Police 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 by bring an appeal.

 

Contact:

Email:

 

Senior Licensing Officer

lorraineneale@maidstone.gov.uk