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 ZOO, 10 - 11 MARKET BUILDINGS, MAIDSTONE, KENT, ME14 1HP   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 .

 

The report advises Members of an application for the review of a premises licence, brought by Kent Police in respect of the premises The Zoo, 10 - 11 Market Buildings, Maidstone, Kent, ME14 1HP (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 venue has held a premise licence since 2^nd March 2010, the current premises  licence was granted on 22^nd September 2023 following a minor variation submitted by the  licence holder to add the following conditions to the licence:-

          Cooling down period:

          We will operate a cooling down period of 15mins, prior to the end of session, where we   will decrease sound levels to create a more calming atmosphere preparing us for close  and full dispersal of patrons.

          Body Worn cameras:

The supply and use of body worn recording devices set to buffering mode and activated  to record mode when an incident occurs.

SIA deployment on dispersal:

To deploy 2 x SIA door supervisors to the High Street 15mins prior to closing, with an  additional 4 x SIA door supervisors to support and assist the dispersal process.

No New entries:

There will be no new entries to the venue after 3am, excluding those that have been in the venue earlier.

Door Supervisors:

The venue will only use SIA registered supervisors, no marshal’s will be used at the venue.

To modify an existing condition from:

We will scan customers on a deemed risk basis from 03:00am. Smokers must remain in the designated smoking area at all times.

To:

We will scan customers on a deemed risk basis until 03:00am. Smokers must remain in the designated smoking area at all times.

 

            A copy of the licence 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 for all licensable activities to 00:00 or alternatively:-

2)      Reduce the terminal hour for alcohol to 00:00 and all regulated entertainment to 01:00.

3)    Current conditions at annex 3 remain on the licence.

7   There have been 116 comments of support received from:-

1		Chloe Hughes
2		Sophie Elmore
3		Dave Calver
4		Lauren Davies
5		Bill Swift
6		Arnold Sharp
7		Karl Wenham
8		David Cornwall
9		Jay Matthews
10		Daniel Williams
11		Emily Rose
12		Aimee Webb
13		Kieran Empson
14		Megan Welfare
15		Isabel Jenkins
16		Rebecca Davis
17		Lucy Speight
18		Matthew Brooks
19		Ahmet Suncu
20		Amie Freeman
21		Kieron Jenkins
22		Natasha Coulstock
23		Cameron Jolly
24		Kim Baldock
25		Leah Szak
26		Whitney Deuchar
27		David Odunlami
28		Karen Smallwood
29		Twenty Rivers
30		Robert Hunt
31		Samantha Hunt
32		Alex Garnett
33		Rjay Garnety
34		Graham Wood
35		Addam Mathews
36		Michael Macpherson
37		Charlotte Mccallam
38		Jason Halle
39		Jade Gold
40		Victoria Smith
41		Dion McVey
42		Stuart Vine
43		Ekenedilichukwu Edenjoku
44		Quiana Wheatley
45		Helen Osvalds
46		Tasneem Anwar
47		Vasile Cira
48		Matthew James
49		Rebecca graham
50		Nick Osvalds
51		Gareth Evans
52		Tracy Evans
53		Gemma Colyer
54		Joshua Freeman
55		Hayley Wright
56		Catalina Barbu
57		Jacob Pocklington
58		Catherine Drury
59		Mark Iyiola
60		Bahadir Kaya
61		Ismail Acar
62		Daniel Harvey
63		Matt Childs
64		John English
65		Ana Garbur
66		Natalia Tester
67		Diana Hayles
68		Reshi Vadhia
69		Alice Tabingwa
70		Oscar Wady
71		Robert Batten
72		Jake Smith
73		Kieran Gray
74		Jason Atkins
75		Oliver Wilmot
76		Isabella Evans
77		Diwi Banakeng
78		Robert Bearup
79		Jenny Kidd
80		George Harrison
81		Stanley Agabor
82		David Asher
83		Charlotte Johnson
84		Lottie Cole
85		Scott Welfare
86		Tia Bancey
87		Chiedza Kunyeda
88		Kudzai Mukotekwa
89		Lily Liston
90		Alex Adesina
91		Cam Connolly
92		Andrej Lech
93		Sarah lou Jones
94		Emily Fletcher
95		Michael Lam
96		Erika Paltanaviciute
97		Kinga Urbanowska
98		Abbie Joslin
99		Alicia-Leigh Williams
100		Zane Ferrisa
101		Jemma Cornford
102		Amelia Evans
103		Charlie mark Batten
104		Siana Barden
105		Jamieleigh Phillips
106		Katie Epsley
107		Avene Ahmad-Eldridge
108		Shola Ajilore
109		Andres Cardozo
110		Okezi Imara
111		Michael Churchill
112		Wiktoria Pytlinska
113		Rebecca Odunlami
114		Holly Edwards
115		Jack Cummings
116		Gordon Newton

 

These are attached as Appendix 5

 

8.           Members are advised that they may only modify premises licences if it is appropriate and proportionate in order to promote the licensing objectives.

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 2.15 – 2. 21 public nuisance

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.

17.10 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. 

1.  

2.  

3.  

4.  

5.  

6.  

7.  

8.  

9.  

10.  

11.  

12.  

13.  

14.  

15.  

16.  

17.11 Wholesale of alcohol. Since 1 April 2017, businesses which sell alcohol (for

            example, retailers of alcohol and trade buyers) need to ensure that the UK

wholesalers that they buy alcohol from have been approved by HMRC under the

Alcohol Wholesaler Registration Scheme (AWRS). They will need to check their

wholesalers Unique Registration Number (URN) against the HMRC online database.

This is an ongoing obligation and if a business is found to have bought alcohol from

an unapproved wholesaler, they may be liable to a penalty or could even face a

criminal prosecution and their alcohol stock may be seized. Any trader who buys

alcohol from a wholesaler for onward sale to the general public (known as a ‘trade

buyer’) does not need to register unless they sell alcohol to other businesses.

 

17.12 Examples of trade buyers would be pubs, clubs, restaurants, cafes, retailers and

hotels. However, they will need to check that the wholesaler they purchase alcohol

from is registered with HMRC.

 

17.13    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

17.14    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.

17.15    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. 

17.16    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.

17.17    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 2018 & GDPR in respect of any surveillance equipment installed at a premises.

17.18    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. 

17.19    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.

17.20    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.

17.21    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 PUBLIC NUISANCE.  

17.22    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.

17.23    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

17.24    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.

17.25    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.

            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

Appendix 2      Premises Licence

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

            Appendix 5      Other Parties –Support comments x 116

            Appendix 6      Human Rights Article
            Appendix 7      Order of Proceedings

Appendix 8      Supplementary Disclosure – Part 2

 

 

 

 
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