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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

18/02446/LAPRE

Report To:

 

Committee Name

Licensing SUB – Committee

(UNDER THE LICENSING ACT 2003)

Date:

 

Committee Date

19 AuGUST 2018                           

Report Title:

 

The title of the report

HUSH HEATH WINERY, HUSH HEATH ESTATE, FIVE OAK LANE, STAPLEHURST, TONBRIDGE, KENT , TN12 0HX

 

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 Richard Balfour-Lynn

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

E)

Live Music

(Indoors & Outdoors)

-

-

Mon - Sun

10:00-24:00

F)

Recorded Music

(Indoors & Outdoors)

-

-

Mon - Sun

10:00-24:00

L)

Late Night Refreshment (Indoors & Outdoors)

-

-

Mon - Sun

23:00-24:00

M)

Supply of alcohol

(On & Off the premises)

 

Mon-Sun

10:00-24:00

Mon-Sun

 

10:00-24:00

O)

Opening Hours

 

Mon- Sat

Sun

11:00 - 15:00

12:00 - 15:00

Mon - Sun

10:00-24:00

 

 

The variation also includes a substantial extension to the business and new plans have been submitted as part of the variation application for the premises to show the new building.

 

 


Affected Wards:

 

All those wards affected by the proposal.

Staplehurst

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 602528


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

Hush Heath Winery, Hush Heath Estate, Five Oak Lane, Staplehurst, Tonbridge, Kent , TN12 0HX

 

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 Richard Balfour-Lynn for Hush Heath Winery, Hush Heath Estate, Five Oak Lane, Staplehurst, Tonbridge, Kent , TN12 0HX in respect of which 6 responses have been received from other persons (Appendices  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 were no representations received from responsible authorities.

4.               6 responses were 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

 

 

 

Kim and Sally Humphrey

Public Nuisance

E-mail

C

 

Mr Paul and Doreen Stanley

Public Nuisance

E-mail

C

Andrea Hodgkiss

Public Nuisance

 

 

E-mail

C

Natasha Wyeth

Public Nuisance

Public Safety

 

 

Amanda Tipples and Bernard Tipples

Public Nuisance

E-mail

C

Ann and FrankTipples

Public Nuisance

E-mail

C

 

            There appear to be concerns that the requested hours will contribute to noise         nuisance at unsociable hours. The objectors believe it will have a detrimental effect            on their quality of life in what is a rural setting.  It would also increase traffic affecting   public safety in a rural area. The premises has a current licence, Appendix D and      original plans Appendix E. The current licence holder is the applicant.

6.     The current licence hours are as per the licence attached at appendix D and set out                      at 3 of the summary above. The operating schedule offers  a new condition by                                   including a Challenge 25 scheme.

 

7.      The applicant on receiving all the objections responded with an offer to limit the licence for live and recorded music and late night refreshment  to 12 occasions per year where events go on until midnight, with live music finishing at 23.45.(Appendix F). The E-mail was forwarded to all objectors on 17 August 2018. To date only two responses have been received in respect of the proposal (Appendix G). One objector will withdraw subject to notifications to parties being agreed and the second objector  does not wish  to withdraw.

 

 

8.         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.;

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

              Chapters 8 (8.74- 77) & 9 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:

            17.16 Public Safety

            17.19. Prevention of Public Nuisance

 

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.

10.      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.

           

          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 –Other persons

            Appendix D     Existing Premises Licence

            Appendix E      Existing Plans

            Appendix F      Applicants offer to objectors

            Appendix G     Objectors response to applicant offer

                         Appendix H     Plan of area

            Appendix I       Human Rights Articles

            Appendix J      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

 

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