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

CAPITOL EXPRESS, 11 SNOWDEN PARADE, VINTERS PARK, MAIDSTONE, KENT, ME14 5NS   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 Capitol Express, 11 Snowden Parade, Vinters Park, Maidstone, Kent, ME14 5NS

 

 

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.           The current premises licence was granted on 25 August 2005 a copy is attached as Appendix B.

 

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

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

1)            Suspend the premise licence for 3 months.

 

 

                        and

 

2)                        add 15 further conditions to the premise licence and modify the licence hours

 

1.            CCTV will be fitted to a standard agreed by Kent Police and Local Authority    Officers. The system must comply with The CCTV Code of Practice (2008  edition) produced by the Information Commissioners Office (or subsequent revisions.)

 

2.            The CCTV system will be maintained and serviced on a regular basis

 

3.            Any recording made via the use of the CCTV will be retained and stored for a minimum of 31 days and made available to any police officer, Local Authority Licensing Officer or any Trading Standards Officer on request or in any case within 48 hours of a request being made.

 

4.             CCTV coverage will include areas inside and outside of the premises in accordance with advice from Kent Police and may include reasonable requests to reposition cameras.

 

5.            Signs to be displayed to inform the public passing the premises and customers that CCTV is in use at the premises

 

6.            A sign is to be prominently displayed at the exit to the shop to remind departing customers to minimise noise.

 

7.            The only forms of identification acceptable will be photographic driving licence, passport or a ‘PASS’ approved identification card.

 

8.            A policy of Challenge 25 will be adopted and publicised in the shop including at the entrance, till point and around the alcohol display areas to the agreement of Kent Police and Local Authority Officers.

 

9.            All staff will be trained in Challenge 25 and this training will auditable as per condition 12

 

10.          The electronic point of sale (EPOS) system to include the facility to prompt cashiers when scanning age restricted goods to positively confirm that they have checked the purchaser’s age.

 

11.          A written refusals and challenges book will be kept at the premises and all staff fully trained in its use. As well as refused sales a record should be kept where customers are challenged and subsequently served as per the Challenge 25 policy of condition 8. The following information will be recorded in this book: -

 

a.             Time of refusal or challenge

b.             Item refused

c.             Description of person refused sale

d.             Reason for refusal

e.             Name of staff member making refusal

 

12.          The premises licence holder must audit the refusals and challenges log                  weekly to identify current trends or members of staff who may require further training to challenge customers.

 

13.          The refusal book will be made available for inspection to any police officer, Local Authority Licensing Officer or Trading Standards Officer at any reasonable time.

 

14.          All staff training will be auditable and will be available to any police officer, Local Authority Licensing Officer or Trading Standards Officer at any reasonable time.

 

15.          The sale of alcohol may only be transacted by a personal licence holder or under the direct supervision of a personal licence holder at all times. When no personal licence holder is present on the premises a sign will be prominently displayed to make all purchasers aware that there are to be ‘NO ALCOHOL SALES’.

 

                  Permitted hours for alcohol sales should be restricted 8am to 6pm seven days a                week

 

 

 

      3).Remove the designated premises supervisor .

 

 

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

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

Chapter 2       Licensing Objectives – para 2.25 onwards, protection of children                    from harm.

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); 

 

           

Chapter 23 Protection of Children from Harm

 

 

The relaxation in the Licensing Act giving accompanied children greater access to licensed premises is seen as a positive step, which may bring about a social change in family friendly leisure but the risk of harm to children remains the paramount consideration.  Clearly, this relaxation places additional responsibilities upon licence holders as well as upon parents and others accompanying children. 

            The protection of children from harm includes the protection of children from moral, psychological and physical harm and, in relation to the exhibition of films, the transmission of programmes by video or DVD.  This includes the protection of children from exposure to strong language, sexual imagery and sexual expletives.

            In certain circumstances children are more vulnerable and their needs will require special consideration.  This vulnerability includes their susceptibility to suggestion, peer group influences, inappropriate example, the unpredictability of their age and the lack of understanding of danger.

 

Concerns

 

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 prevention of children from harm. These may include the potential for children to:-

 

·                      purchase, acquire or consume alcohol

·                      be exposed to drugs, drug taking or drug dealing

·                      be exposed to gambling

·                      be exposed to activities of an adult or sexual nature

·                      be exposed to incidents of violence or disorder

·                      be exposed to environmental pollution such as noise

·                      be exposed to special hazards such as falls from a height

 

 

Additional Steps

 

The following examples of additional steps are given to assist applicants. The Licensing Authority considers them to be important matters that applicants should take account of in the preparation of their Operating Schedule, having regard to their particular type of premises and/or activities:-

 

·                     Effective and responsible management of premises.

            Provision of a sufficient number of people employed or engaged to             secure the protection of children from harm.

·                     Appropriate instruction, training and supervision of those employed or         engaged to secure the protection of children from harm.

·                     Adoption of best practice guidance (Public Places Charter).

·                     Limitations on the hours when children may be present, in all or parts of the            premises.

·                     Limitations or exclusions by age when certain activities are taking place.

·                     Imposition of requirements for children to be accompanied by an adult.

·                     Acceptance of accredited ‘proof of age’ cards, ‘new type’ driving licences with       photographs, passport, an official identity card issued by HM Forces or by an      EU country bearing the photograph and date of birth of bearer.

 

N.B. In exceptional circumstances, where appropriate, and only where the licensing authority has received relevant representations, it may impose conditions restricting access or excluding children from premises or part of licensed premises:-

 

            a) at certain times of the day, or

            b) when certain licensable activities are taking place, or

            c) to which children aged under 16 years should have access only when supervised by an adult, or

            d) to which unsupervised children under 16 will be permitted access.

 

Examples of premises where these conditions may be considered include those where:-

 

a) There have been convictions for serving alcohol to minors or where there is some         evidence of under-age drinking.

b)  There is a known association with drug taking or dealing.

c)  There is a strong element of gambling on the premises.

d)  Entertainment of an adult or sexual nature is commonly provided.

e) There is a presumption that children under 18 should not be allowed (e.g. to                     nightclubs, except where under 18 discos are being held)

f)   Licensable activities are taking place during times when children under 16 may be       expected to be attending compulsory full-time education.

 

           

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     Premises Licence

            Appendix C     Plan of the premises
            Appendix D     Plan of the area

            Appendix E     Human Rights Article
            Appendix F      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