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

17/03682/LAPRE

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

24 November 2017                           

Report Title:

 

The title of the report

PARS SUPERMARKET

69 BANK STREET

MAIDSTONE

KENT  

ME14 1SN

 

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 –  Mr Mohammed Taher Hatami

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

3.    Licensable Activities and hours:

 

 

 

Current Hours

Hours: New Application

M)

Supply of alcohol

(On & Off the premises)

 

Mon – Sat

07:00-23:00

Sun-Wed

 

Thurs-Sat

08:00-02:00

 

08:00-04:00

O)

Opening Hours

 

Mon – Sat

07:00-23:00

Sun-Wed

 

Thurs-Sat

08:00-02:00

 

08:00-04:00

 

 

 

 

 


Affected Wards:

 

All those wards affected by the proposal.

High Street

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

Pars Supermarket, 69 Bank Street, Maidstone, Kent, ME14 1SN

 

Application to: Vary a premises licence under the Licensing Act 2003.

 

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 Mr Mohammed Taher Hatami for Pars Supermarket, 69 Bank Street, Maidstone, Kent, ME14 1SN in respect of which 1 response was received from a Responsible Authority (Appendix C).  

 

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 application as applied for,

or

Grant the application and modify conditions of the licence, or

Reject all or part of the application

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 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 notices         displayed on the premises for the required period.

3.               There was 1 representation received from  a responsible authority

4.               There was no response received from other persons.

5.               The table below illustrates the relevant responses which have been received

Responsible Authority

/Interested Party

Licensing Objective

Associated Documents

Appendix

Objections

 

 

 

Police

Crime & Disorder

Public Safety

Public nuisance

Letter

C

 

 

           

 

            The Police believe that an increase in the premises trading hours to the requested             terminal hours will undermine the licensing objectives of prevention of crime &            disorder, public safety and the prevention of public nuisance.  It is believed it will   lead to an increase in the number of incidents of crime and disorder as the safety check of monitoring people as they consume alcohol as a result of off sales will not           be there. The presence of late night refreshment premises and the potential ability to       purchase alcohol until these late hours will encourage people to congregate and       continue to party on the street and delay their exit from town which will lead to             assaults, disturbances and accidents.

            Kent County Council Trading Standards (KCC TS) made representation which        was received on 26.10.2017 (Appendix D), requesting that the following conditions be attached to the licence.

            1. The Challenge 25 proof of age scheme shall be operated at the premises. All     customers who appear under the age of 25 will be challenged to prove that they are            over 18 when attempting to purchase alcohol. Acceptable forms of ID include a       photo driving licence, passport, or home office approved identity card bearing the       holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an     acceptable form of identification, no sale or supply of alcohol shall be made to or for     that person.

 

            2. All staff shall be trained in the law about the sale of alcohol. Such training will     include challenging every individual who appears to be under 25 years of age and to   refuse service where individuals cannot produce acceptable means of identification,    acceptable forms of ID and using the refusal register. Such training (including any      refresher training) will be logged and provided not less than every twelve months. The training log will be made available for inspection by Police and authorised        persons.

 

            3. A refusals log must be kept at the premises, and made immediately available on           request to the police or an authorised person. The refusals log is to be inspected on          a monthly basis by the DPS and noted in the log and a record made in the log of          any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:

 

            a) the identity of the member of staff who refused the sale

            b) the date and time of the refusal

            c) the alcohol requested and reason for refusal

            d) description of the person refused alcohol

 

            4. Posters of A4 size shall be displayed conspicuously on the premises in customer           facing areas:

 

            a) ‘Challenge 25’ to advise potential purchasers that suitable proof of age will be    required for all purchasers who appear to be under 25.

            b) ‘Proxy purchasing’ intended to warn adults not to buy alcohol for those under 18            years-of-age.

 

            The applicant Mr Mohammed Taher Hatami has agreed to the KCC TS          conditions forming part of the operating schedule and therefore KCC TS            have withdrawn their representation. Appendix E

            The current licence is attached as Appendix F. The current licence holder is the    applicant.

 

 

6.     The current licence hours are as per the licence attached at appendix F and set out at 3 of the summary above. The operating schedule offers no new conditions and some conditions already on the licence are superseded by the KCC TS agreed conditions.

 

 

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;

              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:

 

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

           

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.

17.16   CONDITIONS TO PROMOTE PUBLIC SAFETY. 

            The applicant will be expected to show how the physical safety of persons attending         the premises will be protected and to offer any appropriate steps in the operating       schedule to promote this.

17.17   Such steps will not replace the statutory obligation on the applicant to comply with             all relevant legislation under the Health and Safety at Work etc.  Act 1973 or under      the Regulatory Reform (Fire Safety) Order 2004.

17.18   Applicants will be expected to have carried out the necessary risk assessments to             ensure safe occupancy levels for the premises.  Where a representation from the         Fire Authority suggests that for the promotion of the Public Safety objective a    maximum occupancy should be applied, the Licensing Authority will consider adding           such a limit as a licence condition.

            Where appropriate an operating schedule should specify occupancy limits for the following types of licensed premises:

            (i)         High Volume Vertical Drinking  e.g. premises that provide mainly stand up             drinking facilities with limited seating/table space and the primary  activity is the sale             of alcohol

            (ii)        Nightclubs

            (iii)        Cinemas

            (iv)       Theatres

            (v)        Other premises where regulated entertainment is likely to attract a large                                         number of people.

            (vi)       Where conditions of occupancy have arisen due to representations                                               received.

 

17.19   CONDITIONS TO PROMOTE THE PREVENTION OF PUBLIC NUISANCE. 

            The applicant will be expected to detail any appropriate and proportionate steps to             prevent nuisance and disturbance arising from the licensable activities at the premises and from the customers using the premises.

17.20   The applicant will be expected to demonstrate that they have considered the          following and included steps to prevent public nuisance:

            (i)         Proximity of local residents to the premises

            (ii)        Licensable activities proposed and customer base

            (iii)        Hours and nature of operation

            (iv)       Risk and Prevention of noise leakage from the premises from equipment,                                      customers and machinery

            (v)        Prevention of noise from customers leaving the premises and customer pick                                 up points outside premises and from the Car Park.

            (vi)       Availability of public transport to and from the premises

            (vii)      Delivery and collection times and locations.

            (viii)      Impact of external security or general lighting on residents.

            (ix)       History of management of and complaints about the premises.

            (x)        Applicant’s previous success in preventing Public Nuisance.

            (xi)       Outcomes of discussions with the relevant Responsible Authorities.

            (xii)      Impact of location, noise and contamination from outside smoking areas on                                   neighbours and other customers

            (xiii)      Collection of litter arising from the premises

17.21   Steps to prevent public nuisance may include a range of options including noise    limiting devices, sound insulation, wind down periods, acoustic lobbies,        management of smoking areas etc.

17.22   Steps will differ depending on the individual premises and activities and it is for the            applicant to ensure that reasonable, effective and appropriate steps are included           within the operating schedule.

 

 

9.         Options

          Legal options open to members -

          Grant the variation application as applied for., or

          Grant the variation and modify conditions of the licence, or

          Reject all or part of the application.

          Grant 

          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”.

12.         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.

13.         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

 

14.         Conclusion

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

15.         List of Appendices

            Appendix A      Application Form
            Appendix B      Plan of Premises

            Appendix C     Representations – Responsible Authority

            Appendix D     Trading Standards – representation

            Appendix E      Applicants agreement & KCC TS withdrawal of reps

            Appendix F      Existing Premises Licence

                         Appendix G     Plan of area

            Appendix H     Human Rights Articles

            Appendix I       Order of Proceedings
           

 

16.         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