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

BELUGA BAR, 73 BANK STREET, MAIDSTONE, KENT, ME14 1SN   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 Richard Strawson on behalf of Kent County Council Trading Standards in respect of the premises Beluga Bar, 73 Bank Street, Maidstone, Kent, ME14 1SN

 

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.            KCC Trading Standards have submitted a letter (Appendix B) that they have received from the Police in support of their review application.

 

5.           Trading Standards were made aware of Her Majesty’s Revenue and Customs seizure on 18 May 2012 and commenced their investigations from that time. The Beluga Bar has submitted a number of applications during that period which have amended the licence. These licences have been attached for your information

 

a)    The original premises licence in existence prior to May 2012 is attached as Appendix C1

 

b)    Application was made to Vary the DPS to Emir Reka this licence was granted on 5.10.12 and is attached as Appendix C2.

 

c)    An application was made to extend the hours of  the licensable activities from 3.30am to 4.30am for alcohol and 3.30am–5.00am for all other licensable activities and also the opening hours from 4.00am-5.00am. This licence was granted 17.09.2012 and is attached as C3

 

d)    An application for a minor variation was received to add conditions to the licence and this was granted on 19.10.2012, this is the current premises licence and is attached as Appendix C4.

 

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

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

1)            Revoke the premise licence.

 

 

 

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

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

Chapter 2       Licensing Objectives – para 2.1 to 2.18 crime and disorder and                        para 2.19 – 2.31 public safety     

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 2008); 

 

           

20. Prevention of Crime and Disorder

 

Concerns

 

The applicant should consider factors arising from the premises or the activities of their customers within the vicinity of the premises that may impact on the prevention of crime and disorder. These may include:

 

·         Underage drinking

·         Drunkenness on premises

·         Public drunkenness

·         Drugs

·         Violent behaviour

·         Anti-social behaviour

 

Additional Steps

 

The following examples of additional steps are given as examples for applicants to consider in addressing the above concerns in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-

 

·         Effective and responsible management of premises.

·         Training and supervision of staff.

·         Adoption of current best practice guidance (some examples are Safer Clubbing, the   National Alcohol Harm Reduction Strategy Toolkit, and other voluntary codes of practice, including those relating to drinks promotions e.g. The Point of Sale Promotions published        by BBPA).

·         Acceptance of accredited ‘proof of age’ pass cards or ‘new type’ driving licences with             photographs, passports or an official identity card issued by H M Forces.

·         Provision of effective CCTV in and around premises.

·         Employment of Security Industry Authority licensed door staff. (If two or more are      employed there must be at least one male and one female).

·         Provision of toughened or plastic glasses.

·         Provision of secure deposit boxes for confiscated items (‘sin bins’).

·         Provision of litterbins, security measures, e.g. lighting, outside premises.

·         Membership of a Pub Watch scheme.

·         The current ‘Chill Out Hour’ operating at the late night venues in the Borough of Maidstone     which is the agreement whereby late night venues cease to sell alcohol yet continue to             provide music and dancing for a further hour (at a reduced volume and with the heavy          bass beat removed) has proved to be a success in reducing late night crime and disorder.

·         Membership of Maidsafe (Nite Net).

 

21. The Promotion of Public Safety

 

The Licensing Authority wishes to ensure the safety of everyone on licensed premises.

 

Concerns

 

Capacity

 

Where existing legislation does not provide adequately for the safety of the public, club members or guests, the occupancy capacity for premises and events (to include performers and staff) may be an important factor in promoting public safety. Subject to the requirements of the following paragraph the Licensing Authority will expect the issue of occupancy capacity and adequate controls of the numbers of persons on premises or attending an event to be considered by an applicant when completing an Operating Schedule.

 

Where a relevant representation is received in respect of capacity the Licensing Authority will consider setting capacity limits in consultation with the Kent and Medway Fire and Rescue Authority for the following premises:

 

·         Nightclubs

·         Cinemas

·         Theatres

·         Other premises where regulated entertainment within the meaning of the Act is being provided.

 

The Applicant might also consider the following concerns when assessing the appropriate capacity for premises or events in the Maidstone area. These could include:-

 

·         The design and layout of the premises.

·         The nature of the premises or event.

·         The nature of the licensable activities being provided.

·         The provision or removal of temporary structures, such as a stage or furniture.

·         The number of staff available to supervise customers both ordinarily and in the event of an    emergency.

·         The customer profile (e.g. age, disability).

·         The attendance by customers whose first language is not English.

·         Availability of suitable and sufficient sanitary accommodation.

·         The nature and provision of facilities for ventilation.

·         The use of special effects such as lasers, pyrotechnics, smoke machines, foam machines,    etc.

 

Where capacity is likely to be reached (such as on known busy evenings) and particularly where a special event or promotion is planned, the applicant will be expected to consider the arrangements that will be put in place to ensure that the capacity of the premises is not exceeded.

 

Additional Steps

 

The following examples of additional steps are given for applicants to consider in the preparation of their Operating Schedule, having regard to their particular type of premises or activities:-

 

·         Suitable and sufficient risk assessments.

·         Effective and responsible management of premises.

·         Provision of a sufficient number of people employed or engaged to secure the safety of the   premises and patrons.

·         Appropriate instruction, training and supervision of those employed or engaged to secure        the safety of the premises and patrons.

·         Adoption of best practice guidance.

·         Provision of effective CCTV in and around premises.

·         Provision of toughened or plastic non disposable glasses/bottles.

·         Implementation of crowd management measures.

·         Regular testing (and certification where appropriate) of procedures, appliances, systems        etc. pertinent to safety.

 

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.

 

10           The decision should be made with regard to the Secretary of State's 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 A     Application for Review

Appendix B     Police letter of support

Appendix C     Copies of Premises Licences

            Appendix D     Plan of the premises
            Appendix E     Plan of the area

            Appendix F      Human Rights Article
            Appendix G     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