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

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

THE SOCIAL CHILL BAR, 95A WEEK STREET, MAIDSTONE, KENT, ME14 1QX   Application for Review of a Premises Licence

 

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 .

 

1. The report advises Members of an application for the review of a premises licence, brought by Chief Inspector McLellan on behalf of Kent Police in respect of the premises The Social Chill Bar, 95a Week Street, Maidstone, Kent, Me14 1qx (Appendix 1)

                                               

 

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.

 

1.           Members must, having regard to the application and any relevant representations, take such steps mentioned below as members consider appropriate for the promotion of the licensing objectives.

2.           The steps are:

·      To modify the conditions of the licence (including for a period not exceeding 3 months);

·      To exclude a licensable activity from the scope of the licence (including for a period not exceeding 3 months);

·      To remove the designated premises supervisor;

·      To suspend the licence for a period not exceeding 3 months;

·      To revoke the licence.

·      To issue a warning or caution.

·      To take no action.

 

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.

 

3.           The relevant statutory provisions are sections 51 to 53 inclusive of the Licensing Act 2003. the Licensing Objectives are as follows:

·         The prevention of crime and disorder;

·         Public Safety;

·         The prevention of public nuisance; and

·         The protection of children from harm

4.           The current premises licence was granted on 9^th August 2022 a copy is attached as Appendix 2

5.           The application has been correctly advertised with a notice displayed on the premises and at the Council offices for the required period.

6.           The applicant is requesting that the Sub-Committee:-

.

1)    Reduce the terminal hour to 00:00 Monday to Sundays.

2)    Current existing conditions remain in Annexe 3 with exception of condition 24 (believe they mean condition 22)  which is suggested to be amended to:-

There will be no admittance or re-admittance to the premises after 23:00 hours,

customers leaving to smoke must remain within the designated smoking area at all

times or re-admittance will be refused.

 

3)     That a period of suspension be considered in order to allow the premises to reset and implement all necessary measures including the training of staff prior to re-opening.

 

7.           Members are advised that they may only modify premises licences if it is appropriate to promote the licensing objectives.

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

Chapter 2       Licensing Objectives –Para 2.1 to 2.6 crime and disorder, para 2.7 to 2.14 public safety and para         2.222 to 2.32 children from harm.

Chapter 10     Conditions attached to Premises Licences

            Chapter 11     Reviews

9.         Relevant policy statements contained in The Licensing Authority’s Statement of Licensing Policy (Jan 2021);

           

            CONDITIONS TO PROMOTE THE PREVENTION OF CRIME AND DISORDER.

 

17.9 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.

 

            CONDITIONS TO PROMOTE PUBLIC SAFETY. 

 

17.16   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.

 

 

 

      CONDITIONS TO PROMOTE THE PREVENTION OF CHILDREN FROM HARM.

 

17.26        Applicants will be expected to detail any appropriate and proportionate steps to protect children at the premises from any harm. The Licensing Authority recognises the right of licensees (serving alcohol) to allow accompanied children into their premises.  The Licensing Authority would not seek to restrict access by children (above that specified in the Act) unless it is necessary for the prevention of physical, moral or psychological harm.

 

17.27.1           Steps to protect children from harm must be carefully considered for inclusion where:

(i)         There is entertainment or services of an adult nature provided.

(ii)       There have been previous convictions for under age sales of alcohol.

(iii)     There has been a known association with drug taking or dealing.

(iv)     There is a significant element of gambling on the premises.

(v)         There is a presumption that children under 18 should not be permitted entry     such as to nightclubs (apart from when specific events are held for under 18’s).

(vi)     Outcomes of discussions with relevant Responsible Authorities suggest such   steps are applicable.

17.28 Nothing in the Licensing Act prevents licensees from excluding children from a licensed premises and no condition can be added to require the admission of children. 

17.29 Where there are no matters that give rise to concern in respect of children at premises the Licensing Authority would expect to see the relevant box on an application form completed to specify NONE.

 

            If you have introduced sub headings you may need to edit paragraph numbering.

 

Implications Assessment

 

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 they truly apply.

 

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.

 

10           The decision should be made with regard to the Home Office Guidance and the Licensing Authority’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.

11           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.

 

Conclusion

It is here that the salient conclusions should be highlighted and these should link to the recommendations.  It is not necessary to repeat the recommendations on the full report as these will already appear on the summary page.  Authors should end by saying that the recommendations are contained on the summary page.

 

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

12   Appendix 1      Application for Review, including:

Appendices 1a-d; and

Appendices 1(1), 1(4), 1(6), 1(7), 1(8) of appendix 1 (review application)

Appendix 2      Premises Licence

            Appendix 3      Plan of the premises
            Appendix 4      Plan of the area

            Appendix 5      Councillor Naghi –comment of support

Appendix 5      Case outline supplied by Woods Whur Solicitors

            Appendix 6      Human Rights Article
            Appendix 7      Order of Proceedings

 

 
Appeal

13.The applicant, any interested party and the licence holder 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.

Contact: Email:

Senior Licensing Officer lorraineneale@maidstone.gov.uk