Your Councillors


Application for a premises licence to be varied under the Licensing Act 2003 for Bredhurst Village Hall, Hurstwood Road, Bredhurst, Gillingham, Kent, ME7 3JZ

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

15/03263/LAPRE

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

18 NOVEMBER 2015

Report Title:

 

The title of the report

BREDHURST VILLAGE HALL

HURSTWOOD ROAD

BREDHURST

GILLINGHAM

KENT

ME7 3JZ

 

Application for:  A premises licence to be varied 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 Applicant –  Bredhurst Village Hall

2.    Type of authorisation applied for: To vary a premises licence under the Licensing Act 2003. (Appendix A) which is also accompanied with an application to disapply the mandatory condition on Designated Premises Supervisor (Appendix C)

3.    Licensable Activities and hours:

 

 

 

Current Hours

Hours: New Application

A)

Plays (Indoors)

Mon - Sun

09:00-23:30

Mon - Sun

11:00-23:30

E)

Live Music (Indoors)

Mon - Sun

09:00-23:30

Mon - Sun

11:00-23:30

F)

Recorded Music (Indoors)

Mon - Sun

09:00-23:30

Mon - Sun

11:00-23:30

G)

Performance of dance (Indoors)

Mon - Sun

09:00-23:30

Mon - Sun

11:00-23:30

H)

Anything of a similar nature to (e),(f) or (g) (Indoors)

Mon - Sun

09:00-23:30

Mon - Sun

11:00-23:30

M)

Supply of alcohol

(On & Off the premises)

-

-

Mon – Thurs

Fri & Sat

Sun

11:00-23:00

11:00-23:30

11:00-22:30

O)

Opening Hours

-

-

Mon - Sun

08:00-24:00

The variation application also asks for the removal of the following conditions from the Premise Licence.

 

A new Fire Equipment Certificate shall be forwarded to this office prior to or on the date of expiry of the current Certificate on 31 October 2005, and thereafter each year on the anniversary of this date.

 

A new Electrical Certificate shall be forwarded to this office prior to or on the date of expiry of the current Certificate on 1 December 2005, and thereafter each year on the anniversary of this date.

 

 

A new Emergency Lighting Certificate shall be forwarded to this office prior to or on the date of expiry of the current Certificate on 1 December 2005, and thereafter each year on the anniversary of this date.

 

However a  fire equipment certificate, an electrical certificate and emergency lighting certificate will continue to be obtained and will be continued to be reported by the hall's trustees annually, via the chairman/trustees report given at each Annual General Meeting.

 

 


Affected Wards:

 

All those wards affected by the proposal.

Boxley

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 vary the premises 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 “other persons” (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

Bredhurst Village Hall, Hurstwood Road, Bredhurst, Gillingham, Kent, ME7 3JZ

 

 

Application to: Vary a premises licence under the Licensing Act 2003 and disapply the requirement for a DPS.

 

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 to vary a Premises Licence under the Licensing Act 2003,(Appendix A), made by Bredhurst Village Hall for Bredhurst Village Hall, Hurstwood Road, Bredhurst, Gillingham, Kent, ME7 3JZ  in respect of which 17 responses have been received from other persons, 9 of which are objections and 8 showing support (Appendix D & E).  

 

Issue to be Decided

The purpose of this section is to enable all Members to recognise immediately what they are being asked to consider.

Members are asked to determine whether to:

Grant the variation as applied for, or

Grant the variation application and modify conditions of the licence

 or reject all or part of the application.

And

Grant application to remove requirement for DPS

Refuse application to remove requirement for DPS

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.

 

1.             The relevant sections are Part 3 S13 , s25A and 34 – 36 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

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

3.             There were no representations received from responsible authorities.

4.             17 responses were received from other persons 9 against and 8 in support.

The table below illustrates the relevant responses which have been received

 

Responsible Authority

/Interested Party

Licensing Objective

Associated Documents

Appendix

Objections

 

 

 

Mrs Lyn Turnbull

Crime & Disorder

Public Nuisance

Online

D

Mrs Andrea Winter

 

Public Nuisance

Online

D

Mr. T. R Surridge

Public Nuisance ?

Letter

D

Mrs Wendy Kemp - Bredhurst Parish Council

Crime & Disorder

Public Nuisance

Public Safety

Children from Harm

E-mail/letter

D

Mrs Jean Butcher

Crime & Disorder

Public Nuisance

E-mail

D

Mr G ·& Mrs E Elford-Knox

Public Nuisance

E-mail

D

Mr L And Mrs A Saunders

Public Nuisance

E-mail

D

Mr. R. Surridge

Crime & Disorder ?

 

Petition

D

Mrs M Puhalo

Public Nuisance

Letter

D

 

 

 

 

Support

 

 

 

Mr Kevin Wood

In Support

E-Mail

E

Mrs June Cox

In Support

E-Mail

E

Mr Alan Rose

In Support

E-Mail

E

Mrs G Bull

In Support

Online

E

June Bourner

In Support

E-Mail

E

Mrs. Pamela A. Merryweather

In Support

E-mail

E

Mrs Mary Gough

In Support

Online

E

Mr Alan Tuff

In Support

E-mail

E

 

   There appear to be concerns that the requested hours are excessive, however the variation         application does not increase the current hours of operation. The variation application is to         add alcohol to the licence and that objectors are of the opinion it will have a detrimental effect. The view is that noise, anti-social behaviour, traffic and parking problems would all increase in              a quiet rural area which would affect the Village Hall’s closest neighbours, the majority of          which are elderly.

   There have also been letters of support for the application by residents who believe that the          Hall and its current Committee can only improve the facilities there for the benefit of the            village community.

5.             The premises has a current licence, Appendix F. The current licence holder is the applicant and there has been an application submitted to disapply the requirement to have a DPS (Appendix C ) as this is a community establishment.

 

6.             The current licence hours are as per the licence attached at appendix F and set out at 3 of the summary above.

 

 

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.;

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

Chapter 4 (4.33 onwards) Personal licences (Disapply DPS)  

 

              Chapters 8 (8.42 onwards) & 9 Premises Licences & Determining Applications

             
              Chapter 10 Conditions

 

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

i.                          

9.    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

22. Prevention of Public Nuisance          

23. Protection of Children from Harm

 

 

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.

 

 

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.

 

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.

 

10.     Options

          Legal options open to members -

          Grant the variation as applied for, or

Grant the variation application and modify conditions of the licence

or reject all or part of the application.

and

Grant application to remove requirement for DPS

Refuse application to remove requirement for DPS

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     Application to disapply the requirement of the DPS

         Appendix D      Representations –Other persons

         Appendix E      Letters of Support – Other persons

         Appendix F      Existing Premises Licence

          Appendix G     Plan of area

          Appendix H     Human Rights Articles           
Appendix I       Order of Proceedings

 

15.         Appeals

The applicant or any other person(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

 

Our A-Z

If you cannot find what you are looking for in our search facility, you can use our A-Z index to find the service you require.

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

X

Y

Z