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

20/02032/LACPC

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

23rd October 2020                           

Report Title:

 

The title of the report

Marden Cricket and Hockey Club

 

Application for:  To vary a club premises certificate 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 –  The Committee of Marden Cricket and Hockey Club

2.    Type of authorisation applied for: To vary a club premises certificate under the Licensing Act 2003..

3.    Proposed Licensable Activities and hours: ( Appendix 1)  

 

 

 

Current Hours

Hours: New Application

B

Films

N/A

N/A

Mon-Thurs

Fri

Sat

Sun

 

08:00-23:59

08:00-01:00

08:00-02:00

08:00-23:00

E

Live Music

(Indoors & Outdoors)

Mon-Sun

*NYE

18:00-23:00

19:00-02:00

Mon-Fri

Sat & Sun

NYE

No change

11:00-23:00

18:00-02:00

F

Recorded Music

(Indoors & Outdoors)

Mon-Sun

NYE

18:00-23:00

19:00-02:00

Mon-Sun

NYE

 

09:00- 23:00

09:00-02:00

M

Supply of alcohol

(On & Off the premises)

Mon-Sun

NYE

11:00-23:00

11:00-03:00

Sun-Fri

Sat

NYE

No change

10:00- 23:00

No change

O

Opening Hours

Mon-Thurs

Friday

Saturday

Sunday

NYE

11:00-23:59

11:00-01:00

11:00-02:00

11:00-23:00

11:00-03:00

Mon-Thurs

Friday

Saturday

Sunday

NYE

08:00 - 23:59

08:00 - 01:00

08:00 - 02:00

08:00 - 23:00

08:00-03:00

*NYE New Years Eve

Current Non Standard

 

Extended hours for up to 8 occasions a year, always on a Friday or Saturday.

 

Friday Occasions: Live Music 18:00 to 01:00, Recorded Music 18:00 to 01:00 and Supply of Alcohol 18:00 to 01:00

 

Saturday Occasions: Live Music 18:00 to 01:00, Recorded Music 18:00 to 01:00 and Supply of Alcohol 18:00 to 02:00

 

On New Year's Eve from 11.00 hours until 03.00 hours on New Year's Day

 

 

 

 


Affected Wards:

 

All those wards affected by the proposal.

Marden and Yalding

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 club premises certificate.

 

 

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

Marden Cricket and Hockey Club

 

Application to: To vary a club premises certificate licence under the Licensing Act 2003. (Appendix A).

 

 

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 club premises certificate to be granted under the Licensing Act 2003, made by The Committee of  Marden Cricket and Hockey Club, in respect of the premises Marden Cricket and Hockey Club, Maidstone Road, Marden, Kent, TN12 9AG, Maidstone,  (Appendix 1) in respect of which 9 objections have 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.

 

1.      Members are asked to determine whether to:

1)    grant as applied for

2)    grant with conditions

3)    exclude any licensable activity

4)    or reject the application

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.

 

2     The relevant sections are Part 4 S71 -79 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 are 9 representations from other parties.

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

 

 

Responsible Authority

/Interested Party

Licensing Objective

Associated Documents

Appendix

Fiona and Jason Kitchen 15 & 23/9

Public Nuisance

E-Mail

C

Mark Walker

Public Nuisance

Public Safety

 

E-Mail

C

Duncan Shadbolt

Public Nuisance

 

E-Mail

C

Theresa Gibson

Public Nuisance

Public Safety

E-Mail

C

Heidi Scott

Public Nuisance

Public Safety

E-Mail

C

Paul Newton 16 & 25/9

Public Nuisance

E-Mail

C

Karen Lomas

Crime and Disorder

Public Nuisance

Public Safety

E-Mail

C

Mary Bartram

Crime and Disorder

Public Nuisance

Public Safety

E-Mail

C

Richard Carpenter

Public Nuisance

E-Mail

C

 

    

The objections are that the granting of a club premise certificate for the hours requested would impact considerably on nearby residents and cause additional noise pollution over an extended period. Also the extended hours could lead to an increase in drink driving in what is a relatively rural area which in turn impacts public safety due to the lack of footpaths in the vicinity of the site.

9.   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.;

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

 

 

 a)  General – all four licensing objectives: 

 

The club is a members only sports club with access restricted to members and their guests and not open to the general public. The premises is fully secured and alarmed to protect stock in relation to alcohol. Staff are trained not to serve inebriated or abusive customers. The premises has no close neighbours and opportunities to cause a public nuisance are limited. Minors are permitted in the bar area, but staff are trained in Challenge 18 protocol. Staff are DBS checked through England Hockey or England Cricket Board.

 

b)  The prevention of crime and disorder: 

 

Premises are fully secured and alarmed to protect stock of alcohol. 

CCTV in operation. 

Cash secured in safe or off premises.

Those already inebriated are refused alcohol.

 

c) Public Safety:

 

The Club is not open to the public, only to members and their guests and therefore public safety is not an issue. 

Hirer’s of the facilities, visiting sports teams and their supporters are considered to be guests of the club.

 

d) The prevention of public nuisance

 

The location of the premises on the edge of the village reduces the risk of any public nuisance. 

Vehicles leaving the premises don't exit onto residential roads, no immediate neighbours.  CCTV and security measures in place to prevent theft and vandalism.

 

e) The Protection of children from harm: 

 

Staff members are DBS checked. Minors are permitted in the bar area and the appropriate safety measures taken. The bar staff operate Challenge 18 protocol.  We also have child Welfare Officers in place.

 

On the 20/10/2020 an e-mail was received from Mr Paul Newton suggesting a compromise to the hours for licensable activities. He suggested films 18:00 – 23:00 every day, 5 events per year. Live & recorded music 18:00 – 23:00 every day. No change to alcohol or opening hours, the e-mail was forwarded to the applicant on 21/10/20 who in turn on 22/10/2020 offered the following as a compromise to Mr Newton, films 12:00 – 23:00 every day, indoors only. Live music 12:00 -23:00 every day, the applicant did not agree to amending the hours for recorded music. Mr Newton has not confirmed his agreement to the amendment and so his objection remains(Appendix 4)

On the 23/10/20 an email from the applicant was circulated to the objectors, it was received on the 20/10/20 but was not circulated immediately as the applicant wished to consider whether it needed amendment before circulation. To date no comments have been received from the objectors in response to the e-mail. (Appendix 5)

 

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

  

Chapters 6 (6.11 onwards) & 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:

 

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

17.9 – 17.15    Prevention of Crime and Disorder

17.16 – 17.18  Promotion of Public Safety

17.19 – 17.22  Prevention of Public Nuisance

 

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. 

 

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

 

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.

 

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. 

 

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.

 

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.

 

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.

 

Promotion of 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.

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.

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.

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.

 

 

12.          Options

Legal options open to members -

            1) Grant the licence subject to such conditions as are consistent with the operating

                 schedule accompanying the application.

 

2) grant the licence with MODIFIED conditions.

3) REJECT the whole or part of the application necessary for the promotions of the  licensing objectives.

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        Mr Newton and applicant e-mail

   Appendix 5        Applicant e-mail to other parties

   Appendix  6       Plan of area 

   Appendix 7        Human Rights Articles         

   Appendix 8        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