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0 Britannic Fish Bar Report Summary

�Agenda Item No:

1 - Summary of Report

Licence Reference

12/03771LAPRE

Report To:

Committee Name

Licensing SUB � Committee

(UNDER THE LICENSING ACT 2003)

Date:

Committee Date

28^th November 2012

Report Title:

The title of the report

BRITANNIC FISH BAR

54 GABRIELS HILL

MAIDSTONE

KENT

ME15 �6JJ

Application for: A premises licence to be varied under the

�� Licensing Act 2003

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Report Author:

The name of the report author

Lorraine Neale

Summary:

1. The Applicant � �Bayram Ali Kanik

2. Type of authorisation applied for: To vary a Premises Licence under�� the Licensing Act 2003. (Appendix A)

3. To add one hour to late night refreshment on Fridays and Saturdays, from the �� current 04:00 to 05:00.

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Affected Wards:

High Street

Recommendations:

The Committee is asked to determine the application and decide whether to vary the terms of the licence.

Policy Overview:

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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:

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Costs associated with processing the application are taken from licensing fee income.

Other Material Implications:

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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:

Licensing Act 2003

DCMS Guidance Documents issued under section 182 of the Licensing Act 2003 as amended

Home Office Supporting Guidance � Pools of Licensing Conditions.

Maidstone Borough Council Statement of Licensing Policy

Contacts:

Mrs Lorraine Neale at: lorraineneale@maidstone.gov.uk � tel: 01622 602028

Agenda Item No. 1

Report Title:

The title of the report, same as on the summary

BRITANNIC FISH BAR, 54 GABRIELS HILL, MAIDSTONE, KENT, ME15 6JJ

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Application for: To vary a premises licence to be granted under the Licensing Act 2003

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 to vary a Premises Licence under the Licensing Act 2003, made by Bayram Ali Kanik, in respect of the premises Britannic Fish Bar, 54 Gabriels Hill, Maidstone, Kent, ME15 6JJ in respect of which 1 representation (Appendix C) has been received from a Responsible Authority. There have been no representations received from Interested Parties.

Issue to be Decided

Members are asked to determine whether to grant or reject the application.

Background

1. The relevant sections are Part 3 s13 and 34 -36of 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. 1 representation was received from a Responsible Authority

The table below illustrates the relevant representation which has been received

Responsible Authority/Interested Party

Licensing Objective

Associated Documents

Appendix

Kent Police

Crime & Disorder

Public Safety

Letter

4. The premises has a current licence, Appendix D. The current licence holder is the applicant, there is no DPS as the premises does not sell alcohol.

5. The current licence hours are shown at appendix D and the proposed hours for L) Late Night Refreshment (Indoors only) are to extend the hours from Monday � Sunday 23.00 -04.00 to Sunday- Thursday 23.00 -04.00 and Fridays & Saturdays 23.00 -05.00

6. �� The Police representation in respect of this application (Appendix C) states that they have �evidence these premises have in fact been trading beyond their allowed hours already and this has come to light due to incidents that have occurred at these premises after 04.00 hours. If incidents are already occurring whilst unlawfully trading after hours it is reasonable to assume that they will continue to occur if allowed to legitimately trade until 05:00 hours. The Police cannot see how adding conditions to the licence could promote the prevention of Crime and Disorder and ask that this extension is not granted.

7.�� 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.;

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

�� Chapters 8 (8.43 onwards) & 9 Premises Licences & Determining Applications

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�� Chapter 10 Conditions NB: There is Home Office Supporting Guidance on Pools of �� Conditions but this is not statutory guidance.

Relevant policy statements contained in the Licensing Authority�s Statement of Licensing Policy:

20. Prevention of Crime and Disorder

21. The Promotion of Public Safety

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.

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9.�� Options

�� Legal options open to members �

�� a) MODIFY the conditions of the licence.

�� b) REJECT the whole or part of 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�.

10.�� 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.

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

12. Conclusion

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

13. List of Appendices

Appendix A�� Application Form
Appendix B�� Plan of Premises

�� Appendix C�� Police Representation

�� Appendix D�� Existing Premises Licence

�� Appendix E�� Plan of area

� Appendix F�� Human Rights Articles��
� Appendix G�� Order of Proceedings

14. 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.

Contact:

Email:

Senior Licensing Officer

lorraineneale@maidstone.gov.uk

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.

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Purpose of the Report

Background