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

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 a Temporary Event Notice (Appendix A), brought by Emma-Jane Milgate, in respect of an event to be held from 27^th – 29^th July 2012 regarding a festival type event at Yelsted Court Farm, Yelsted, Sittingbourne, ME9 7UT.  Objections have been received from  both relevant authorities, the Police (Appendix B) and Maidstone Borough Council’s Environmental Health Department (Appendix C).

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 theobjections of the two relevant authorities , take such steps mentioned below as members consider necessary for the promotion of the licensing objectives.

2.           The steps are:

·      To take no action and permit the event in manner described in the TEN;

·      To issue a counter notice (ie refuse the event) under s 105 (2) (b) if the sub-committee considers it appropriate for the promotion of  a licensing  objective to do so.

·       (Note: There is no discretion,in this case, to impose a condition on a TEN where it is decided not to give a counter notice, because there is no premises licence or club premises certificate in existence for any part of the premises to which the application relates.) 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 98 to 110 inclusive of the Licensing Act 2003. The applicable Licensing Objectives areas follows:

·         The prevention of crime and disorder;

·         public safety;

·         the prevention of public nuisance; and

·         the protection of children from harm.

4.           Members are advised that they may only issue a counter notice if it is appropriate for the promotion of a licensing objective.

5.           The relevant section of the Guidance issued under section 182 of The Licensing Act 2003 (as amended on 25 April 2012) is Chapter 7, which is attached to this report at Appendix D.

6.           The relevant provision in the Licensing Authority’s Statement of Licensing Policy is paragraph 14, however new guidance has been issued under section 182 of The Licensing Act 2003 which requires the Licensing Authority’s Statement of Licensing Policy to be revised.( The new guidance is attached as Appendix E).

“14 – Temporary Event Notice.

Certain temporary events involving up to 499 people are licensed by notifying the Licensing Authority and Police using the Temporary Event Notice procedure.  Only the police can object to a Temporary Event Notice on the grounds of crime and disorder.  However, depending on the nature and location of such events, these can have serious implications on the Licensing Objectives.  Organisers of these events are encouraged to submit their notification as soon as reasonably practicable to enable the police and the Licensing Authority to work with them to identify and reduce the risk of crime and disorder.

The Act requires that a minimum of 10 working days notice is given, but as guidance, the Licensing Authority considers and recommends that a reasonable period of notice for the service of a Temporary Event Notice is at least 28 days but not more than three months, prior to an event taking place.  Some council departments have expertise in advising the organisers of temporary events in respect of issues such as crowd control and complex entertainment.  Organisers may ask for this advice at the earliest possible opportunity by contacting the Licensing office.

A copy of the Temporary Event Notice must be submitted to the Police at Maidstone Police station, Palace Avenue, Maidstone, as well as notifying the Licensing Authority.
 

7.            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 1998 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 to prevent, crime and disorder in its area”

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.

8.           The decision should be made with regard to the Secretary of State's Guidance as amended 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.

9.           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.

10.        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

11.        Appendix A      Temporary Event Notice

Appendix B      Copy of Police Objection Notice

   Appendix C     Copy of Environmental Health objection

   Appendix D     Medway Council correspondence

   Appendix E     Copy of the amended Guidance (relating to                                                                             Temporary Events)

   Appendix F      Human Rights Articles           
   Appendix G     Order of Proceedings

Appeal

12.        All parties to the hearing will receive written notice of the decision.  The written notice will be given at least 24 hours before the beginning of the event period specified in the Temporary Event Notice.  The parties may appeal the decision to the Magistrate’s Court within 21 days of the day that the appellant was notified by the licensing authority of the decision appealed against, subject to the appeal being brought at least 5 working days before the day on which the event is proposed to commence..

 Reason for Urgency: This matter needs to be taken as an urgent item due to the Statutory timescales relating to LA2003 Hearings.