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Agenda Item No:
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Licence Reference |
MAID0185/LPRM/0611
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Report To:
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Licensing SUB – Committee (UNDER THE LICENSING ACT 2003) |
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Date:
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14th NOVEMBER 2011 |
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Report Title:
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THE BULL INN LINTON HILL LINTON MAIDSTONE KENT ME17 4AW
Application to: Vary a Premises Licence under the Licensing Act 2003
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Report Author:
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Lorraine Neale |
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Summary: 1. The Applicant – Shepherd Neame Ltd 2. Type of authorisation applied for: To vary a Premises Licence under the Licensing Act 2003. (Appendix A) 3. To remove the condition on live music – any outdoor performances will cease by 20:00 and replace with outdoor performances will cease by 23:00 and to allow dancing outside until 23:00 to enable the premises to hold weddings and functions in a marquee in the garden. 4. Current and Proposed Licensable Activities and hours:
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Affected Wards:
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Coxheath and Hunton |
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Recommendations:
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The Committee is asked to decide whether to vary the terms of the licence.
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Policy Overview: |
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.
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Financial Implications:
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Costs associated with processing the
application are taken from licensing fee income. |
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Other Material Implications:
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HUMAN RIGHTS: In considering this application it is necessary to consider the rights of both the applicant and other parties, such as “responsible authorities” and\or “interested parties” (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. |
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Background Papers:
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Licensing Act 2003 DCMS Guidance Documents issued under section 182 of the Licensing Act 2003 as amended Maidstone Borough Council Statement of Licensing Policy
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Contacts:
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Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk – tel: 01622 602028 |
Agenda Item No. 1
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Report Title:
The title of the report, same as on the summary |
THE BULL INN, LINTON HILL, LINTON, MAIDSTONE, KENT, ME17 4AW
Application for: To vary a premises licence granted under the Licensing Act 2003
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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 varied under the Licensing Act 2003, made by Shepherd Neame Ltd, in respect of the premises The Bull Inn, Linton Hill, Linton, Maidstone, Kent, ME17 4AW in respect of which 16 representations (Appendix C) have been received from Interested Parties. There have been no representations received from a Responsible Authority.
Issue to be Decided
Members are asked to determine whether to grant or reject the application.
Background
1. The relevant sections are Part 3 ss 16-19, 23 & 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
2. The application has been correctly advertised in the local press and a notice displayed on the premises for the required period.
3. 16 representations were received from Interested Parties.
4. The table below illustrates the relevant representations which have been received
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Responsible Authority/Interested Party |
Licensing Objective |
Associated Documents |
Appendix |
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Micheal Druce |
Public Nuisance |
Letter |
C |
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Mr J McKenzie |
Public Nuisance |
Letter & Petition |
C |
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D Sawyer |
Public Nuisance |
Letter |
C |
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Mrs R McKenzie |
Public Nuisance |
Petition |
C |
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Mr M L Hubbs |
Public Nuisance |
Petition |
C |
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Mr & Mrs Cross |
Public Nuisance |
Petition |
C |
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Mrs I Druce |
Public Nuisance |
Petition |
C |
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Mr & Mrs Cooper |
Public Nuisance |
Petition |
C |
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Mrs D Nichol |
Public Nuisance |
Petition |
C |
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Mr & Mrs Maskel |
Public Nuisance |
E Mail & Petition |
C |
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Miss K Studd |
Public Nuisance |
Petition |
C |
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M Harman |
Public Nuisance |
Petition |
C |
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D Martin |
Public Nuisance |
Petition |
C |
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M Waller |
Public Nuisance |
Petition |
C |
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Mrs M Studd |
Public Nuisance |
Petition |
C |
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G Johnson |
Public Nuisance |
Petition |
C |
The interested parties believe that extending the time to 23:00 for any outside function would adversely affect the peaceful enjoyment of their homes and possessions.
The current licence has the following conditions attached to the operating schedule:
General
At the time the Premises Licence has been granted and whilst it is in force, the DPS in situ must have completed and attained the following qualifications;
Basic Food Hygiene Course
National Certificate for Personal Licence Holders
Cellar Management Course
Prevention of Crime and Disorder
No persons shall be admitted to, or allowed to remain on the premises who are or are suspected to be under the influence of, or in possession of, any illegal/illicit substance.
Public Safety
Health and Safety Risk assessments shall be carried out prior to the Premises licence being effective and a copy retained for inspection upon request by an officer of the local Licensing Authority, Police or Fire Authority or other relevant person.
Fire Risk assessments shall be carried out prior to the Premises Licence being effective and a copy retained for inspection upon request by an officer of the local Fire Authority, Licensing or Police Authority or other relevant person.
On occasions of special events where audience members exceed normal limits, there shall be adequate staff/stewards available to ensure safety of patrons. The number of staff/stewards shall be near to or equivalent to:- One member of staff per one
hundred persons or part thereof.
Public Nuisance
Disposal of waste bottles into external receptacles where the noise will be audible to neighbouring properties must not occur between 23.00 and 10.00
In the absence of adequate daylight, the lighting in any area, in which the public or club members and guests are present, shall be fully operational at all times.
Protection of Children From Harm
No person under the age of 18 shall be permitted on the premises unless accompanied by an adult.
5. Members are advised that applications cannot be refused in whole or in part, or conditions attached to the licence unless it is necessary to do so to promote the licensing objectives.;
6. The Operating Schedule submitted by the Applicant has addressed the licensing objectives in the following manner:
a) General – all four licensing objectives
ALL CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE WILL REMAIN THE SAME
b) The prevention of crime and disorder
ALL CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE WILL REMAIN THE SAME
c) Public safety
ALL CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE WILL REMAIN THE SAME
d) Prevention
of public nuisance
ALL CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE WILL REMAIN THE SAME AND THE DESIGNATED PREMISES SUPERVISOR WILL LIASE WITH NEIGHBOURS IF THERE IS A PROBLEM WITH THE OUTBREAK OF NOISE.
e) The protection of children from harm
ALL CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE WILL REMAIN THE SAME
i. 9. Relevant sections of The Guidance issued under section 182 of The Licensing Act 2003;
ii.
Chapters 8 & 9 Premises Licences & Determining
Applications
iii.
Chapter 10 Conditions
iv. Annex D
part 4 Pool of Conditions relating to Public Nuisance
Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:
22. Prevention of Public Nuisance
Licensed premises can cause adverse impacts on communities through public nuisance. The Licensing Authority wishes to maintain and protect the amenity of residents and other businesses from any nuisance caused by the operation of licensed premises whilst
recognising the valuable cultural, social and business importance that such premises provide.
The Licensing Authority will interpret ‘public nuisance’ in its widest sense, and takes it to include such issues as noise, light, odour, litter and anti-social behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.
Concerns
When addressing the issue of prevention of public nuisance, the applicant should consider those factors arising from the premises or the activities of their customers within the vicinity of the premises that may impact on the likelihood of public nuisance. These may include:-
· The location of the premises and their proximity to residential and other noise sensitive premises, such as hospitals, hospices and places of worship.
· The hours of operation, particularly if between 23.00 and 07.00.
· The nature of activities to be provided, including whether those activities are of a temporary or permanent nature and whether they are to be held inside or outside premises.
· The design and layout of premises and in particular the presence of noise limiting features.
· The occupancy capacity of the premises.
· Last admission time.
· The steps the applicant has taken or proposes to take to ensure that staff leave the premises quietly.
· The steps the applicant has taken or proposes to take to prevent disturbance by patrons arriving or leaving the premises.
· Whether routes to and from the premises, on foot or by car or service or delivery vehicles, pass residential premises within the vicinity of the Premises.
· Whether other measures have been taken or are proposed such as the use of CCTV or the employment of registered door supervisors.
· The arrangements made or proposed for parking by patrons, and the effect of this parking on local residents.
· The likelihood of any violence, disorder or policing problems arising if a licence were granted.
· Whether taxis and private hire vehicles serving the premises are likely to disturb local residents.
· The siting of external lighting, including security lighting that is installed inappropriately.
· Whether the operation of the premises would result in increased refuse storage or disposal problems or additional litter in the vicinity of the premises and any measures or proposed measures to deal with this.
· The history of previous nuisance complaints proved against the premises, particularly where statutory notices have been served on the present licensees.
Additional Steps
The following examples of additional steps are given as examples for applicants to consider in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-
· Effective and responsible management of premises.
· Appropriate instruction, training and supervision of those employed or engaged to prevent incidents of public nuisance.
· Control of operating hours for all or parts (e.g. garden areas) of premises, including such matters as deliveries.
· Adoption of best practice guidance (e.g. Good Practice Guide on the Control of Noise from Pubs and Clubs, produced by Institute of Acoustics).
· Installation of soundproofing, air conditioning, acoustic lobbies and sound limitation devices.
· Management of people, including staff, and traffic (and resulting queues) arriving and leaving premises.
· The incorporation of measures for ensuring the safe and swift dispersal of patrons away from premises and events without causing nuisance or public safety concerns to local residents.
· Effective ventilation systems to prevent nuisance from odour.
N.B. Where relevant representations are received which the Licensing Sub Committee consider material particular consideration will be given to the impact on residential amenity of proposals for the provision of late night refreshment where these are either located in, or encourage people to move through, residential areas.
10.
Options
Legal options open to members -
a) GRANT the licence subject to such conditions as are consistent with the operating schedule accompanying the application; MODIFIED to such extent as the Licensing sub-committee considers necessary for the promotion of the licensing objectives and any relevant mandatory condition
b) EXCLUDE from the licence any of the licensable activities applied for.
c) REFUSE to specify a person in the licence as premises supervisor
d) REJECT the application.
11.
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”.
12.
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.
13.
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
14.
Conclusion
Members must ensure
that the application is considered on its merits, as well as against the
relevant guidance, policy and statutory framework.
15.
List of
Appendices
Appendix A Application
Form
Appendix B Plan of Premises
Appendix C Interested Parties Representations
Appendix D Premise Licence
Appendix E Plan of area
Appendix F Human Rights
Articles
Appendix G Order of Proceedings
16.
Appeals
The applicant or any interested party (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.
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.
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Contact: Email:
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Senior Licensing Officer |