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

19/04346/LAPRE

 

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

23rd DECEMBER 2019                           

Report Title:

 

The title of the report

87 - 88 BANK STREET, MAIDSTONE, KENT, ME14 1SD

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 – Century Buildings (Rochester) Limited

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

3.    Proposed Licensable Activities and hours:

 

 

 

 

 

A

Plays (Indoors)

Every day

10:00 – 03:00

B

Films (Indoors)

Every day

10:00 – 03:00

C

Indoor sporting events

Every day

10:00 – 03:00

D

Boxing or wrestling (Indoors)

Every day

10:00 – 03:00

E

Live music (Indoors)

Every day

10:00 – 03:00

F

Recorded music (Indoors)

Every day

10:00 – 03:00

G

Performance of dance (Indoors)

Every day

10:00 – 03:00

H

anything of a similar description to that falling within (e), (f) or (g) (Indoors)

Every day

10:00 – 03:00

L

Late night refreshment (Indoors)

Every day

23:00 – 03:00

M

Supply of Alcohol (On Sales)

Every day

10:00 – 03:00

O

Opening Hours

Every day

10:00 – 03.30



The applicant Century Buildings (Rochester) Limited currently holds licence 19/03281/REVIEW for the premises (Appendix 1 ).

 

This application is for a shadow licence .  This is a common situation where a shadow licence is applied for  when a landlord’s licensed premises is operated by a tenant whose actions could have a negative impact on the licence due to poor management of the premises resulting in restrictive conditions being added, hours cut back or even revocation.

 

Landlords often seek to protect themselves against such risks through provisions in the lease, these will rarely have a bearing on the licensing process. Such provisions may provide a landlord with a right of action against a tenant, but they cannot prevent a licence from lapsing or being reviewed. A shadow licence solves this problem for the landlord.

 

 

 


Affected Wards:

 

All those wards affected by the proposal.

HIGH STREET

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

87 - 88 BANK STREET, MAIDSTONE, KENT, ME14 1SD

 

 

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 (Appendix 2), made by Century Buildings (Rochester) Limited, in respect of the premises 87 - 88 Bank Street, Maidstone, Kent, ME14 1SD (Appendix 3 ) in respect of which 1 objection has been received from other parties

 

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 were no representations received from responsible authorities.

 

5.   There is 1 representation from other parties.

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

Responsible Authority

/Other Party

Licensing Objective

Associated Documents

Appendix

Mr Robert Baker & Ms Louisa Beddoes

Crime & Disorder

Public Safety

Public Nuisance

 

e-mail

Appendix 4

 

 

There appear to be concerns that the requested hours and licensable activities will potentially cause unrelenting noise nuisance and unsociable behaviour 7 days a week. The objectors believe it will have a detrimental effect on their day to day lives especially their working week. Also they believe that crime and disorder has become worse in the 7 years they have lived in the town and it was publicly demonstrated when a youngster lost their life after being at the Gallery in recent months. They request that the licensing hours for all activities Sunday to Thursday are reduced to midnight on a weekly basis, exceptions to be made on days when the direct (following day is a Bank Holiday.

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: 

 

Generic Conditions as per previous license – additional specific conditions in

separate document.

 

               b)  The prevention of crime and disorder: 

 

Age verification policy in place for staff of Challenge 25 in line with general

objectives and training

Incident and refusal book to be used in line with general objectives

Staff training as detailed in general objectives

CCTV in use as detailed in general objectives

SIA Door Supervisors will be used as required

 

               c) Public Safety:

 

   Age verification policy in place for staff of Challenge 25 in line with general

objectives and training

Incident and refusal book to be used in line with general objectives

Staff training as detailed in general objectives

CCTV in use as detailed in general objectives

SIA Door Supervisors will be used as required

 

               d) The prevention of public nuisance

 

     DPS or manager will monitor noise levels in and around the property and

     take action as required so as not to be a nuisance .

     Promote guests to arrive and leave in a quiet manner. This includes signage at the venue exit

     Ensure where possible doors and windows are kept closed. Specifically, if amplified music is taking place

     Complaints will be recorded by staff/management in the incident log.

     Repetitive issues and significant breaches will be investigated by the DPS

     Smoking – This will be monitored by staff and management

     Give consideration to overall noise level of property and adjust such things as background music to lower levels.

 

     e) The Protection of children from harm: 

 

     Age verification policy in place for staff of Challenge 21 in line with general objectives and training

     Incident and refusal book to be used in line with general objectives

     Staff training as detailed in general objectives

     CCTV in use as detailed in general objectives

 

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:

            17.9 Crime and Disorder

            17.16 Public Safety

            17.19. Prevention of Public Nuisance

           

 

17.9   CONDITIONS TO PROMOTE THE PREVENTION OF CRIME AND DISORDER.

            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.

 

17.16    CONDITIONS TO PROMOTE PUBLIC SAFETY. 

            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.

 

17.19   CONDITIONS TO PROMOTE THE 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.

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.

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         Copy Licence 19/03281/REVIEW
Appendix 2         Application Form

         Appendix 3         Premises Plan

         Appendix 4         Objection Letter

                   Appendix 5         Plan of area

                   Appendix 6         Human Rights Articles           
                   Appendix 7         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