Agenda Item No:1
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1 – Summary of Report |
Licence Reference |
17/01684/LAPRE |
Report To:
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Licensing SUB – Committee (UNDER THE
LICENSING ACT 2003) |
Date:
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12th June 2017 |
Report Title:
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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
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Report Author: |
Lorraine Neale |
Summary:
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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:
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The Committee is asked to determine the application and decide whether to vary the licence.
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Policy Overview: |
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:
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HUMAN RIGHTS: In considering this application it is necessary to consider the rights of the applicant. |
Background Papers:
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Licensing Act 2003 |
Contacts:
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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 |
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 |
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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
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
Implications Assessment
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
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Article 10 –
Freedom of Expression
The full text of each
Article is given in the attached Appendices.
Conclusion
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 |