LICENSING AUTHORITY: MAIDSTONE BOROUGH COUNCIL
LICENSING ACT 2003
LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005
NOTICE OF DETERMINATION
Application Ref No: 20/02032/LACPC
Applicant: The
Committee of Marden Cricket and Hockey Club
Regarding Marden Cricket and Hockey Club, Maidstone Road,
Marden, Kent
Date(s) of hearing: 6th November 2020
Date of determination: 6th November 2020
Committee Members: [Chairman]: Councillor Garten
Councillor
Joy
Councillor Brindle
Legal Advisor in attendance at hearing(s): Robin Harris, Team Leader (Contentious), MKLS
Democratic Services Officer in attendance at hearing: Oliviya Parfitt
Senior Licensing Officer for application: Lorraine Neale
This was an
application for:
R Variation * Grant
* Provisional Statement * Review * Other …………
for a
*Premises Licence R Club Premises Certificate * Personal Licence
* Temporary Event Notice
A: Representations, evidence and submissions:
The Committee considered the representations, evidence and submissions of the following parties:
Applicant
· Name: Jo Hayes – Club Secretary
·
Legal or other
representative: Charlotte Hope – Club Vice Chair (Witness)
Responsible Authorities
· None
Other Persons
· Written representations from the parties shown in the table at page 5 of the agenda making the representations at Appendix C of the agenda papers.
Witnesses and legal representatives in support of interested parties
Not
applicable as none of the interested parties attended the hearing.
Representations considered in the absence of a party to the hearing:
No parties were excluded from the hearing, so this heading is not applicable.
B:
Consideration
of the Licensing Act 2003, the Guidance under s. 182 of the Act and the
Statement of Licensing Policy of Maidstone Borough Council
The Committee has taken into account
the following provisions of the Licensing Act 2003 and the
Regulations thereto:
Section 4 which relates to the licensing objectives
Section 13 which relates to
responsible authorities
Part 4 which relates to club premises
Schedule 1 which relates to Regulated Entertainment
The Committee has taken into account the following provisions of the Guidance
under section 182 of the Act:
Chapter 2 which relates to the licensing objectives
Chapters 6 & 9 which relates to club
premises & determinations
Chapter 10 which relates to conditions attached to licences;
The Committee has taken into account the following provisions of its Statement of Licensing Policy:
Chapter 17 which
relates to the 4 licensing objectives;
Chapter 17.9 – 17.15 which relates to the prevention of crime and disorder;
Chapter 17.16 – 17.18 which relates to
public safety
Chapter17.19 – 17.22 which relates to the prevention of nuisance;
Chapter 17.23 – 17.26 which relates to the prevention of children from harm;
The Committee has
decided to depart from the guidance under section 182 of the Act and or
the statement of licensing policy for the following reasons:
The Sub-Committee did not depart
from policy.
C: Determination:
The Committee has decided to:
- Grant the application for variation as modified by agreement with the applicant during the Sub-Committee hearing as follows:
Showing of films, indoors only - Monday – Sunday 12:00 – 23:00
Live and recorded music indoors and outdoors – conditions to be removed from the licence. *
Supply of alcohol on and off the premises – Saturday 10:00 – 23:00
Opening hours – Monday to Thursday 08:00 – 23:59, Friday 08:00 – 01:00, Saturday 08:00 – 02:00, Sunday 08:00 – 23:00 **
* Live and recorded music is permitted as a matter of law in accordance with The Live Music Act 2012 as amended by The Legislative Reform (Entertainment Licensing) Order 2014 and The Deregulation Act 2015
** No licensable activity takes place on any day before 10:00 Hrs
The
Sub-Committee only considered the application for variation, therefore all
other features of the existing licence remain unchanged, including the
non-standard events and hours.
Reasons for determination:
Prevention of Crime and Disorder
Reasons (state in full):
The
Sub-Committee had regard to the written representations made by other persons
in respect of this objective, but noted that there was no representation from
Kent Police and the objectors did not link their concerns to the proposed
variation of the existing premises certificate. As such, the Sub-Committee was
satisfied that the proposed variation promotes this licensing objective.
Public Safety
Reasons (state in
full):
The
Sub-Committee had regard to the written representations made by other persons
in respect of this objective. The Sub-Committee noted that the Section 182
Guidance is clear that pubic safety under the Licensing Act 2003 pertains to
the safety of persons using the premises and not general public safety, such as
the travel to and from the premises. As such, the Sub-Committee was satisfied
that the proposed variation promotes this licensing objective.
Prevention of nuisance
Reasons (state in
full):
The Sub-Committee had regard to the written representations received from other persons in relation to this licensing objective. The Sub-Committee noted that there was no representation from Environmental Health or any other responsible authority and that there were matters raised as concerns, such as floodlights and the noise generated by sports which are not licensable activities and therefore not within the remit of the Licensing Sub Committee.
Further, during the hearing, it came to light that the live and recorded music sought by the applicant was with the boundaries that are permitted by law without the need for an entertainment licence.
However, there were some concerns around the addition of films, but the Sub-Committee were satisfied that would be dealt with by the reduction in hours and only permitting films to be shown indoors.
Taking into account all of the above, the Sub-Committee were satisfied that the application as amended was sufficient to promote this licensing objective.
Protection of children from harm
Reasons (state in
full):
The Sub-Committee noted that there were no representations under this licensing objective.
Advisory:
Licensing and Planning are separate legal regimes. Permission under the Licensing Act 2003 does not alter any existing planning consent or conditions. Breaches of planning consent or conditions may be subject to enforcement action by the Council’s Planning Enforcement Team.
Recommendation:
The Sub-Committee recommends to the Club Committee that there is engagement with neighbours prior to hosting any event which utilises the non standard timings.
PRINT NAME (CHAIRMAN): C Councillor P Garten
Signed [Chairman]:
A copy of the original document is held on file
Date: 9th November 2020