APPLICATION FOR A PREMISES LICENCE – NEW APPLICATION 15 THE PARADE MARGATE

 

Licensing Sub-Committee   9th June 2020

 

Report Author                         Penny Button, Head of Safer Neighbourhoods

 

Portfolio Holder                       Cllr Helen Whitehead

 

Status                                      For Decision

 

Classification:                          Unrestricted

 

Ward:                                      Margate Central

 

Executive Summary:

 

To consider this application for a premises licence in respect of 15 The Parade, Margate in light of representations received.

 

 

Recommendation(s):

 

The instructions of the Sub-Committee are requested.

 

 

 

CORPORATE IMPLICATIONS

Financial and Value for Money

Costs associated with processing the application are taken from licensing fee income.

The applicant or any other person (objector) may appeal the Committee’s decision to Magistrates' Court within 21 days. Should this decision be appealed the Council will incur costs defending the appeal.  Should the appeal be successful it could result in costs being awarded against the Council. Therefore all decisions should ensure that they are in line with the objectives of the Licensing Act 2003.

Legal

Under the Licensing Act 2003 the Licensing Authority has a duty to exercise licensing control of relevant premises.

The Licensing Sub-Committee is obliged to determine applications with a view to promoting the four licensing objectives.

Any decision the Licensing Sub-Committee make should be made with regard to the Secretary of State’s guidance made under Section 182 of the Licensing Act 2003 (revised in April 2017) as well as Thanet District Councils adopted Licensing Policy.

Where any decision parts 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.  Similarly the risk of appeal/challenge is increased if any decision made is not evidence based and proportionate.

The Licensing Sub-Committee must pay proper attention to the applicant's rights under the provisions of the Human Rights Act 1998, which gives further effect in the United Kingdom to the fundamental rights and freedoms contained in the European Conventions on Human Rights.   The Licensing Sub-Committee must have proper regard to the rights of the individual applicant when making decisions that affect them.  However, it also has to have regard to the safety and protection of the public and therefore to ensure that the right balance is found and think hard about how it can cause the least possible harm to individuals, bearing in mind its duty to ensure the protection of the public.

The effective regulation of licensable activities and of premises at which licensable activities take place can assist in safeguarding children and vulnerable adults.

Section 17 of the Crime and Disorder Act 1998 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 is reasonably can to prevent crime and disorder in its area”

In considering this application the Licensing Sub-Committee will balance the competing Human Rights of the various parties including the right to respect for private and family life, the protection of property and the right to a fair hearing.

There is a right of appeal to a Magistrates’ Court within 21 days of the date of the decision of the Licensing Sub-Committee with regard to the grant/refusal of a licence or any of the conditions attached to it.

Corporate

Corporate Priorities 1,2 & 3 and Values 1, 2 & 3 should be taken into account when determining the outcome of any application.

Priority 1: A clean and welcoming environment

Priority 2: Supporting Neighbourhoods

Priority 3: Promoting inward investment and job creation

Value 1: Delivering value for money

Value 2: Supporting the workforce

Value 3: Promoting open communications.

Equality Act 2010 & Public Sector Equality Duty

Members are reminded of the requirement, under the Public Sector Equality Duty (section 149 of the Equality Act 2010) to have due regard to the aims of the Duty at the time the decision is taken. The aims of the Duty are: (i) eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Act, (ii) advance equality of opportunity between people who share a protected characteristic and people who do not share it, and (iii) foster good relations between people who share a protected characteristic and people who do not share it.

Protected characteristics: age, sex, disability, race, sexual orientation, gender reassignment, religion or belief and pregnancy & maternity. Only aim (i) of the Duty applies to Marriage & civil partnership.

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.

 

 

CORPORATE PRIORITIES (tick those relevant)

Growth  

Environment

Communities

 

1.0       Introduction and Background

 

1.1       An application has been made by Mr Mark Hicks for a New Premises Licence at 15 The Parade Margate.

 

1.2       The operating schedule, showing the proposed licensable activities and hours are appended in Annex 1.

 

 

2.0       The Current Situation

 

2.1       Applicants for a premises licence are required, as part of the licensing procedure, to display a public notice which provides information to the public regarding the manner in which objection may be made. Similarly, public notice of the application should be published in a local newspaper circulating in the vicinity of the premises. These requirements appear to have been complied with.  Two representations have been received which are appended in Annex 2, both objections are regarding public nuisance.

 

2.2       Environmental Health have agreed the following with the applicant:-

 

                   The licensed area shall only include the internal parts of the premises

 

                   From midnight onward on each operational night, alcohol for off-sale provision           shall only be provided in a sealed container.

 

                   All tables and chairs or any form of seating associated with the premises that are       place on the Piazza shall be removed from 22:30pm onwards.

 

2.3       The Licensing Sub-Committee will be aware that it must carry out its functions under the 2003 Licensing Act to take steps which are appropriate for the promotion of the licensing objectives. The Licensing objectives are:- the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. In carrying out its licensing functions, the Licensing Sub Committee must also have regard to its statement of licensing policy and the Guidance issued under the Act.

           

2.4       The four licensing objectives are the matters the Licensing Sub-Committee must address when considering whether to grant or refuse the application. Each application should be considered on its merits. Reasons must be given for any decision made by the Sub-Committee.

           

2.5       Where a premises licence is granted mandatory conditions will apply under Sections 19- 21 of the Act. These refer to irresponsible drinks promotions, provision of free tap water, an age verification policy, availability of small measures, the sale of alcohol below cost, and designated premises supervisor.

 

 

 

 

 

 

3.0       Options

 

3.1       Grant the application, with the conditions agreed by Environmental Health.

 

3.2       Refuse the application.

 

3.3       Grant the application subject to different conditions in respect of different parts of the premises or different licensable activities.

 

 

Contact Officer:

Penny Button, Head of Safer Neighbourhoods

Reporting to:

Gavin Waite, Director of Operational Services

 

Annex List

 

Annex 1

Operating Schedule

Annex 2

Public Representations

 

Background Papers

 

Title

Details of where to access copy

Licensing Act 2003

https://www.legislation.gov.uk/ukpga/2003/17/contents

DCMS Guidance documents issued under Section 182 of the Licensing Act 2003 (as amended)

https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003

Thanet District Council Statement of Licensing Policy

https://www.thanet.gov.uk/media/3168621/licensing-document-2016.pdf