Your Councillors

Report Title:

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

17/03584/REVIEW

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

Committee Date

26th OCTOBER 2017

Report Title:

 

The title of the report

CAPITOL EXPRESS, 11 SNOWDEN PARADE, VINTERS PARK, MAIDSTONE, KENT, ME14 5NS

 

Application for Review of a Premises Licence    

 

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 for Review – Oliver Jewell on behalf of Kent County Council Trading Standards

 

2.    Type of application applied for: Review of a Premises Licence.

 

3.    Grounds for Review

 

PREVENTION OF CRIME AND DISORDER

PROTECTION OF CHILDREN FROM HARM

 

The licence holders of Capitol Express are believed to have failed in the Licensing Act objectives of crime and disorder and protection of children from harm, in that the sale of a single can of beer on 27th February 2017 was made to a volunteer aged 15 years old on a test purchase operation (Appendix A). A DVD showing the details of the incident has also been provided and can be viewed if required. The sale comes after a long history of complaints and a review application made in June 2013 where the Licensing Sub Committee imposed a three month suspension of the licence which was lifted in October 2013 and the addition of conditions designed to prevent a repeat of the incidents that had been highlighted. The details of that review can be seen at  https://services.maidstone.gov.uk/meetings/ieListDocuments.aspx?CId=397&MId=2020

 

The Police have also submitted representations received on 6th

October 2017 in support of the review application made by Kent County Council Trading Standards (Appendix B).

 

Affected Wards:

All those wards affected by the proposal.

 East Ward                                                                                                                                                                                                                                                                                               

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 take such steps as members consider appropriate for the promotion of the licensing objectives.

 

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 Licensing Authority’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.

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 licenceholder and the applicant together with other parties, such as “responsible authorities” and\or “interested parties” (objectors). The hearing procedure for reviewing premises licences has been formulated to ensure a fair hearing for 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
Home Office Guidance Document 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

 

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 Oliver Jewell  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 20th June 2013 a copy is attached as Appendix C.

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)                    Revoke the premise licence.

 

 

 

 

 

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 2.1 to 2.6 crime and disorder and para                              2.22 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 2016);

           

            17.9 CONDITIONS TO PROMOTE THE PREVENTION OF CRIME AND DISORDER.

 

            Under the Act the Licensing Authority has a duty to promote the licensing objectives, and,             a further duty under the Crime and Disorder Act 1998 to do all it reasonably can to prevent             crime and disorder in the borough. 

 

            17.10   The applicant will be expected to detail in their operating schedule how they will     prevent crime and disorder on and close to the premises.  Such detail should reflect    the licensable activities on offer, location and character of the area, the nature of the          premises use and the range of customers likely to use the premises.

 

            These may include, but are not limited to, the following:

 

•         Prevention of disorderly conduct and anti-social behaviour

•         Prevention of underage drinking

•         Prevention of sales of alcohol to intoxicated customers

•         Prevention of drunkenness both on and in the vicinity of the premises

•         Prevention of drug use and drug dealing

•         Restriction to responsible drinks promotions

•         Use of safety glass

•         Inclusion of a wind-down time following alcohol sales period

•         Adequate seating to discourage “vertical drinking”

•         The offer of food and snacks or other entertainment or occupation to discourage                  persistent drinking

 

            17.11   In busier premises the Licensing Authority would usually expect to see a short       (e.g.30 mins)              ‘wind down’ or ‘drinking up’  period allowed for after the cessation time of   entertainment and alcohol sales as this is effective in assisting in a reduction in noise and      exuberance of customers before leaving the premises.

 

            17.12   Applicants will be expected to seek advice from the Police and the Licensing         Authority will    give appropriate weight to requests by the Police for premises to be       protected by SIA registered door staff subject to the provision of relevant evidence.     Where the Licensing   Authority determines after consultation with the police that a   premises is one that warrants additional security and monitoring it would expect     applicants to include the provision of SIA approved door staff at the premises at        appropriate times.  Relevant premises are usually those used mainly for drinking         alcohol,            have later opening hours and are situated within the Town Centre night time economy             area. 

 

            17.13   Where appropriate, applicants for licences in the Town Centre areas providing       mainly             alcohol, music and dancing would be expected to consider  inclusion of  a provision of  safety glasses to prevent a risk of injury on the rare occasion that a glass       may be used as a weapon.

 

 

 

 

            17.14   The use of CCTV should be considered where appropriate or on the advice and    recommendations of the Police and to a quality and standard approved by the Police for         evidential  purposes.  Licensees will be expected to fully comply with the requirements of    the Information Commissioners Office and the Data Protection Act 1998 in respect of any      surveillance equipment installed at a premises.

 

            17.15   In any application resulting in hearing  the sub-committee will consider each           application on its individual merits and determine the imposition of conditions that are            appropriate to promotion of  the licensing objectives.

 

            17.23   CONDITIONS TO PROMOTE THE PROTECTION OF CHILDREN FROM HARM. 

            Applicants will be expected to detail any appropriate and proportionate steps to protect      children at the premises from any harm. The Licensing Authority recognises the right of   licensees (serving alcohol) to allow accompanied children into their premises.  The         Licensing Authority would not seek to restrict access by children (above that specified in         the Act) unless it is necessary for the prevention of physical, moral or psychological harm.

 

            17.24   Steps to protect children from harm must be carefully considered for inclusion      where:

 

(i)         There is entertainment or services of an adult nature provided.

(ii)        There have been previous convictions for under age sales of alcohol.

(iii)        There has been a known association with drug taking or dealing.

(iv)       There is a significant element of gambling on the premises.

(v)        There is a presumption that children under 18 should not be permitted entry such              as to nightclubs (apart from when specific events are held for under 18’s).

(vi)       Outcomes of discussions with relevant Responsible Authorities suggest such                                 steps are applicable.

 

            17.25   Nothing in the Licensing Act prevents licensees from excluding children from a                             licensed premises and no condition can be added to require the admission of                                 children.

 

            17.26   Where there are no matters that give rise to concern in respect of children at                                 premises the   Licensing Authority would expect to see the relevant box on an                               application form completed to specify NONE.

 

            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 Home Office 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 representation

Appendix C     Premises Licence

            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