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

Agenda Item No:		1 - Summary of Report
Licence Reference		12/02019/LAPRE
Report To:   Committee Name		Licensing SUB – Committee (UNDER THE LICENSING ACT 2003)
Date:   Committee Date		16th July 2012
Report Title:   The title of the report		MILANO’S PIZZA 34 HIGH STREET MAIDSTONE KENT ME14 1JH   Application for: A premises licence to be granted under the                              Licensing Act 2003
Report Author:   The name of the report author		Lorraine Neale
Summary:     No more than approximately 100 words setting out the nature of the report.  Please note that this will appear as a ‘pop up’ summary on the website.	1.    The Applicants –  Wahidulla Masoudi 2.    Type of authorisation applied for: a premises licence under the Licensing Act 2003, S17. 3.    Proposed Licensable Activities and hours:   L) Late Night Refreshment           Monday to Sunday    23:00 to 05:00 O) Opening Hours   Monday to Sunday 11:30 to 05:00

Affected Wards:   All those wards affected by the proposal.	High Street
Recommendations:   The distinction between a resolution or a recommendation to Council should be clear at the time the Committee is considering the item, this is preferable to the current arrangement where this is determined after the meeting.  Trevor Robertson and his staff will advise on this point. Recommendations should be brief and to the point.	The Committee is asked to determine the application and decide whether to grant a licence.
Policy Overview: A short explanation of the policy context for the issues contained in the report, a cross-reference to the Corporate Plan or Community Strategy for example would be appropriate.  If new or revised policy this should be clearly stated.	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.
Financial Implications: A summary only please of the implications arising from the recommended action.  This should be agreed in consultation with the accountancy team.	Costs associated with processing the application are taken from licensing fee income.
Other Material Implications: These depend on the report.  Authors are expected to consider:  Environmental, Legal, Human Rights, Staffing and Community Safety Issues.  However, summarise only those that are most relevant, keeping this brief.   The report itself should expand on these issues.	HUMAN RIGHTS: In considering this application it is appropriate 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.
Background Papers: This should list all relevant background documents which support the report.	Licensing Act 2003 DCMS Guidance Documents issued under section 182 of the Licensing Act 2003 as amended Maidstone Borough Council Statement of Licensing Policy
Contacts: e-mail address and telephone number of the report author and/or principal contact	Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk – tel: 01622 602028

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

MILANO’S PIZZA, 34 HIGH STREET, MAIDSTONE KENT, ME14 1JH   Application for: A premises licence to be granted under the                            Licensing Act 2003

 

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 a Premises Licence to be granted under the Licensing Act 2003, made by Wahidulla Masoudi, in respect of the premises Milano’s Pizza, 34 High Street, Maidstone, Kent, ME14 1JH  in respect of which 1 representation (Appendix C) has been received from an Interested Party

 

Issue to be Decided

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 are asked to determine whether this application relates to an excluded premises and if not determine whether to i) grant subject conditions consistent with the operating schedule modified to such extent as considered appropriate for the promotion of the licensing objectives and any mandatory condition, ii) grant excluding any of the licensable activities applied for, iii) grant refusing to specify a premises supervisor, or iv) reject the application.

       

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.

 

2.             The relevant sections are Part 3 ss 16-18, 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

3.             The application has been correctly advertised in the local press and a notice displayed on the premises for the required period.

4.             1 representation was received from an Interested Party

5.             The table below illustrates the relevant representation which has been received

Responsible Authority/Interested Party	Licensing Objective	Associated Documents	Appendix
J H Zhao	Public Nuisance	Letter	C

           

6.             Members are advised that applications cannot be refused in whole or in part, or conditions attached to the licence unless it is appropriate to do so to promote the licensing  objectives.;

7.             The Operating Schedule submitted by the Applicant has addressed the licensing objectives in the following manner:

a)   General – all four licensing objectives

I WILL COMPLY WITH ANY REASONABLE DEMANDS MADE OF ME BY ANY RELEVANT AUTHORITY TO OPERATE A SUCCESSFUL AND ORDERLY TAKE-AWAY BUSINESS.

 

     b) The prevention of crime and disorder

 

THE SHOP HAS FULL CCTV COVERAGE BOTH INTERNALLY AND EXTERNALLY AND WHICH CAN BE MADE AVAILABLE TO THE AUTHORITIES. THERE ARE NORMALLY THREE MALE STAFF ON THE PREMISES.

.

c) Public safety

 

                        AS B.

 

d) Prevention of public nuisance

            AS B..

 

e) The protection of children from harm

WE DO NOT HAVE CHILDREN COME INTO THE SHOP NOR WOULD WE ALLOW THEM

 

The Police initially made representation which was received on 26.6.2012 (Appendix D), Wahidulla Masoudi agreed to the amendment of the operating schedule to include the following conditions to be attached to the licence as part of their application:

 

·         CCTV to be fitted to a standard agreed to by the police that complies with the CCTV Code of Practice (2008 edition), produced by the Information Commissioners Office, with all public areas, including all access and egress points covered.

 

·         The CCTV system will be maintained and serviced on a regular basis and records kept to that effect.

 

·         CCTV shall be operational at all times that members of the public and or staff are on the premises.

 

·         Images will be retained for a period of at least one calendar month by whatever means the licence holder deems appropriate

 

·         The Police or Local Authority will be allowed to take a recording by way of tape, CD Rom, DVD, Memory stick or any other appropriate means of the image within 48hrs of the initial request being made by either the Police or Local Authority.

 

·         Signage will be displayed in the shop that CCTV is in operation.

 

·         The premises will become members of the “Nite Net Radio” system and a member of staff will monitor the Nite Net Radio at all times that the premises are trading.

 

·         Staff at the premises will ensure that all rubbish is cleared from the front of the shop at the end of each day that the premises are trading for late night refreshment.

 

 

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

ii.                              Chapters 8 & 9          Premises Licences & Determining Applications

              
Chapter 10 Conditions Relevant policy statements contained in the Licensing Authority’s Statement of Licensing Policy:

22. Prevention of Public Nuisance   

 

 

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.

 

 

           

9.         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 appropriate 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.

10.       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”.

11.         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.

12.         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

 

13.         Conclusion

Members must ensure that the application is considered on its merits, as well as against the relevant guidance, policy and statutory framework.

 

14.         List of Appendices

Appendix A        Application Form
Appendix B        Plan of Premises

          Appendix C        Representations (Interested Parties)

          Appendix D        Police representation and agreement of conditions

          Appendix E        Plan of area

Appendix F        Human Rights Articles           
Appendix G       Order of Proceedings

 

15.         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.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

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.

Contact: Email:

Senior Licensing Officer lorraineneale@maidstone.gov.uk