Your Councillors


Report Title:

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

18/02647/LAPRE

 

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

13th September 2018                           

Report Title:

 

The title of the report

BATTEL HALL, BURBERRY LANE, LEEDS, KENT, ME17 1RH

 

Application for:  A premises licence 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 –  Leeds Castle Enterprise

2.    Type of authorisation applied for: A premises licence under the Licensing Act 2003.

3.    Proposed Licensable Activities and hours:

 

 

 

 

Main Event

E

Live Music

Fri & Sat

14:00 - 24:00

F

Recorded Music

Fri & Sat

14:00 - 24:00

M

Supply of Alcohol

Mon – Thurs

Fri & Sat

Sun

12:00 - 23:00

12:00 - 00:00

12:00 - 22:00

O

Opening Hours

Mon – Thurs

Fri & Sat

Sun

12:00 - 23:00

12:00 - 00:00

12:00 - 22:00



 

 

 

 


Affected Wards:

 

All those wards affected by the proposal.

LEEDS

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 grant 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 602528


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

BATTEL HALL, BURBERRY LANE, LEEDS, KENT, ME17 1RH

 

Application: For a premises licence under the Licensing Act 2003. (Appendix 1).

 

 

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 for a Premises Licence to be granted under the Licensing Act 2003, made by Leeds Castle Enterprise, in respect of the premises Battel Hall, Burberry Lane, Leeds, Kent, ME17 1RH (Appendix 2 ) in respect of which 1 objection has been received from other parties (Appendix 3).  

 

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 :

1.      grant as applied for

2.      grant with conditions

3.      exclude any licensable activity

4.      reject the DPS

5.      or reject 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.

 

2     The relevant sections are Part 3 S16 -24 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

3.   The application has been correctly advertised in the local press and notices displayed at the        premises for the required period.

4.    There are no representations received from responsible authorities.

5.   There is 1 representation from other parties.

Responsible Authority

/Other Party

Licensing Objective

Associated Documents

Appendix

Mr S Bernini

Public Nuisance

 

e-mail

C

6.    The table below illustrates the relevant representations which have been received

 

     

 

There appear to be concerns around the levels of noise that will arise from the premises and the affect that any licence granted would potentially cause to noise sensitive buildings in close proximity and the effect on those residents, including sleep deprivation for young children..

 

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.   The Operating Schedule submitted by the Applicant has addressed the licensing objectives in the following manner:

  a)  General – all four licensing objectives: 

 

Battel Hall belongs to Leeds Castle and will be managed and run by the Castle's experienced function department.  Leeds Castle Enterprise (Leeds Castle's commercial arm) has been running functions and overnight accommodation since 1974.

We have very high standards in safety, with an accident to visitor number percentage of 0.017% (as at March 2018 audit)

Due to the historic nature of our buildings and their contents our policy is to limit alcohol consumption, it helps our guests to respect the surroundings and accidental damage is less likely to happen.

 

b)  The prevention of crime and disorder: 

 

Bookings and functions will be private with invited attendees, a guest list is required for each function.

Function Manager and Supervisors will be Personal Licence holders and on duty at functions.

Security cameras are in place with imaging back to Leeds Castle control room, in-house roving security will patrol the venue as part of their watch.

Our client terms and condition does not allow anyone to bring into the function their own drinks, this enables us to have more accurate knowledge of how much a guest has consumed and to manage the situation..

 

          c) Public Safety:

 

          Function staff are trained in fire safety, correct use of fire equipment and emergency evacuation.

Function Managers and supervisors are qualified first aiders.

Clients must undertake to use Leeds Castle Hospitality approved suppliers. The list of suppliers will be reviewed on an ongoing basis and is non-negotiable unless there is a specific area of expertise that is not covered.

All suppliers will sign a Supplier Agreement and undergo an auditing procedure. For marquee events where the catering is not provided by the in-house team the contract caterers will require a full Food Audit from our approved contractor, together with references and appropriate levels of insurance. This is generally a minimum of £5m public liability.

Only catering suppliers on the Leeds Castle approved list are permitted to work at the venue.

 

d) The prevention of public nuisance

 

   Stewarding staff who will manage the quiet ingress and egress of guests from the venue and car park.

Car park signage to remind guests to be considerate of neighbours and to depart quietly.

Leeds Castle will inform local residents of functions via the parish council once they are confirmed.

The Function Manager will monitor and control the noise level using a sound meter and/or a noise level warning indicator. This will be written down during the evening.

Clients must undertake to use Leeds Castles approved entertainment suppliers, who are respectful of our terms and conditions and work with us to keep within the boundaries set for noise levels and finish times for music.

 

e) The Protection of children from harm: 

 

We operate child friendly venues and the holidays and celebrations which take place across our venues, including Battel Hall, are family orientated with children attending.

Our terms and conditions state that children must be accompanied by an adult and cannot be left in rooms on their own.

We operate a challenge 25 policy on our bars and functions.

Duty Manager on site during function, poured drinks are not left unattended for guests to help themselves to.

Empty glasses are collected regularly both inside and outside to minimise the possibility of incidents broken glass.

 

The applicant on receiving the objection responded with an offer which was forwarded by the licensing department to Mr Bernini on 31st August 2018 Mr Bernini requested that the noise management plan be shared with him, which he would review and respond to (Appendix 4).

 

On 5th September 2018 the applicant responded and provided the noise management plan (Appendix 5)

 

On 10th September 2018 Mr Bernini provided his response after reviewing the noise management plan (Appendix 6), he felt that his concerns raised in his original e-mail had not been fully addressed by the noise management plan.

 

On 11th September 2018 the applicant further responded to the concerns and issues raised by Mr Bernini in more depth (Appendix 7) and the venue’s management plan (Appendix 8) and Noise Survey Report (Appendix 9 ) were also provided.

 

There has been no further contact from Mr Bernini in response to the further information provided on 11the September 2018.

 

 

9.      Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003;

  

Chapters 8 & 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:

i.                          

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

  17.19 – 17.22 Prevention of Public Nuisance

 

Prevention of Public Nuisance

 

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.

 

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

 

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.

 

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.

 

 

 

10.                Options

Legal options open to members -

            1. Grant the licence subject to conditions as are consistent with the operating schedule        accompanying the application.

2. Grant the licence with modified conditions

3. Exclude a licensable activity

4. Refuse to specify the DPS

            5. 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”.

11.         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.

12.         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

 

13.     Conclusion

Members must ensure that the application is considered on its merits, as well as against the relevant guidance, policy and statutory framework.

14.      List of Appendices

Appendix  1     Application Form
Appendix  2     Plan of Premises

          Appendix 3     Other parties representation

          Appendix 4 - 7 Correspondence between applicant and other party

          Appendix 8      Management plan

          Appendix 9      Noise survey report

          Appendix 10    Plan of area   

  Appendix 11    Human Rights Articles           
  Appendix 12    Order of Proceedings

 

15.         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