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

18/00189/LAPRE

 

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

19 FEBRUARY 2018                           

Report Title:

 

The title of the report

CO-OPERATIVE, 1 BUCKINGHAM DRIVE, HARRIETSHAM, KENT,  ME17 1GF

 

Application for:  A premises licence 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 –  Co-operative Group Food Limited

2.    Type of authorisation applied for: A premises licence under the Licensing Act 2003.

3.    Proposed Licensable Activities and hours:

 

 

 

 

Main Event

M

Supply of Alcohol

Mon - Sun

06:00 – 23:00

 



 

 

 

 


Affected Wards:

 

All those wards affected by the proposal.

HARRIETSHAM & LENHAM

 

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 grant 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

CO-OPERATIVE, 1 BUCKINGHAM DRIVE, HARRIETSHAM, KENT,  ME17 1GF

 

 

Application: For a premises licence under the Licensing Act 2003. (Appendix A).

 

 

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 a Premises Licence to be granted under the Licensing Act 2003, made by Co-operative Group Food Limited, in respect of the premises Co-Operative, 1 Buckingham Drive, Harrietsham, Kent,  ME17 1GF (Appendix B) in respect of which 1 objection has been received from other parties (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 :

1.      grant as applied for

2.      grant with conditions

3.      exclude any licensable activity

4.      reject the DPS

5.      or reject the application.

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.

 

2     The relevant sections are Part 3 S16 -24 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

3.   The application has been correctly advertised in the local press and notices displayed at the        premises for the required period.

4.    There are no representations received from responsible authorities.

5.   There is 1 representation from other parties.

Responsible Authority

/Interested Party

Licensing Objective

Associated Documents

Appendix

Mr M Cooper

Public Nuisance

 

Letter

C

6.    The table below illustrates the relevant representations which have been received

 

    

 

There appears to be concerns that the requested hours will potentially contribute to noise nuisance and parking problems at unsociable hours in a residential area.

 

The applicant’s solicitors have responded to explain that the “allocated parking” that Mr Cooper has mentioned in his objection is actually public car parking and not provided by the Co- Operative for its customers, a plan has also been provided (Appendix 5)

 

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.   The Operating Schedule submitted by the Applicant has addressed the licensing objectives in the following manner:

  a)  General – all four licensing objectives: 

 

Convenience store selling groceries, sundry items and alcohol for consumption off the premises only.

 

b)  The prevention of crime and disorder: 

 

The premises shall maintain a CCTV system which gives coverage of all entry and exit points.

 

The system shall continually record whilst the premises are open and conducting licensable activities.

 

All recordings shall be stored for a minimum period of 28 days and shall be capable of being easily downloaded.

 

Recordings shall be made available upon the receipt of a request by an authorised Officer of the Police or the Local Authority.

 

There shall be "CCTV in Operation" signs prominently displayed at the premises.

 

An incident log (whether kept in a written or electronic form) shall be retained at the premises and made available to an authorised Officer of the Police or the Local Authority.

 

The premises shall operate a proof of age scheme, such as a Challenge 25, whereby the only forms of acceptable identification shall be either a photographic driving licence, a valid passport, military identification or any other recognised form of photographic identification incorporating the PASS logo, or any other form of identification from time to time approved by the secretary of the state.

 

The premises will be fitted with a burglar alarm system.

 

The premises will be fitted with a panic button system for staff to utilise in the case of an emergency.

 

          c) Public Safety:

 

The premises licence holder shall ensure that the appropriate fire safety, and health and safety regulations are applied at the premises.

 

d) The prevention of public nuisance

 

A complaints procedure will be maintained, details of which will be made available in store and upon request.

 

e) The Protection of children from harm: 

 

All staff will receive comprehensive training in relation to age restricted products and in particular the sale of alcohol.

 

No member of staff will be permitted to sell age restricted products until such time as they have successfully completed the aforementioned training.

 

An age till prompt system will be utilised at the premises in respect of age restricted products.

 

A refusals register (whether kept and written or electronic form) will be maintained at the premises and will be made available for inspection upon request by an authorised Officer of the Police or the Local Authority.

 

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

  

Chapters 8 & 9 Premises Licences & Determining Applications

  
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:

i.                          

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

  17.19 – 17.22 Prevention of Public Nuisance

 

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.

 

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

 

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.

 

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.

 

10.         Options

Legal options open to members -

            1. Grant the licence subject to conditions as are consistent with the operating schedule        accompanying the application.

2. Grant the licence with modified conditions

3. Exclude a licensable activity

4. Refuse to specify the DPS

            5. REJECT the whole or part of the application

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  1     Application Form
Appendix  2     Plan of Premises

         Appendix 3     Other parties representation

          Appendix 4      Plan of area   

          Appendix 5      E-mail and plan from Applicants solicitor      

  Appendix 6      Human Rights Articles           
  Appendix 7      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