Open Decision Item

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Licensing Panel 24th July 2014

Determination of an application for a new premises licence

SYNOPSIS An application for a new premises licence has been received from Mrs Anna Miszczuk-Baczynska for a restaurant situated at 4 Danesholme Centre, Corby, NN18 9EJ. As part of the statutory consultation a relevant representation has been received which objects to the granting of parts of this premises licence. This Licensing Panel is required to make a decision on whether the premises licence applied for is granted and what if any steps are appropriate for the promotion of the licensing objectives.

1. Application for a new premises licence 1.1 This application for a new premises licence (see Appendix 1) is for regulated

entertainment through the provision of recorded music only; late night refreshment; and the supply of alcohol. The applicant’s description of the premises is “Polish Restaurant selling both food and drinks (Alcohol, Non Alcohol)”. The proposed restaurant is located in the Danesholme Centre and is mostly surrounded by other commercial operations. The nearest residential property would appear to be on Motala Close (see Appendix 2).

1.2 A licence is being sought in relation to licensable activities which are as follows:

• Recorded music Monday – Thursday 10:00 until 20:00 Friday 10:00 until 03:00 Saturday 12:00 until 03:00 Sunday 12:00 until 20:00

• Late night refreshment Friday – Saturday 23:00 until 03:00

• Supply of Alcohol Monday – Thursday 10:00 until 20:00 (On the premises only) Friday 10:00 until 03:00

Saturday 12:00 until 03:00 Sunday 12:00 until 20:00

• Hours premises are open to the public:

Monday – Thursday 10:00 until 20:00 Friday 10:00 until 03:00 Saturday 12:00 until 03:00 Sunday 12:00 until 20:00

2. Promotion of Licensing Objectives (as specified by the Applicant) 2.1 General

-selling alcohol to adults only -ensuring appropriate behaviour of restaurant’s guests -checking ID’s when appropriate -alcohol will be consumed on the premises only -if any problems the police will be called

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2.2 Prevention of Crime and Disorder

-checking ID -ensuring appropriate behaviour of guests including fly-tipping, antisocial behaviour etc -reporting incidents to the local authorities/calling the police if needed

2.3 Public Safety

-looking after the customers and their safety -calling the police if needed

2.4 Prevention of Public Nuisance

-ensuring guests do not make noise outside of the building -alcohol mustn’t be drunk outside of the premises

2.5 Protection of Children from Harm

-checking ID of people under the age of 25 -no alcohol sale for children and anyone under the age of 18

2.6 Officers of this Licensing Authority have considered the steps offered to promote the four licensing objectives in the application and with reference to Section 182 Guidance would suggest that this Panel may wish to consider the following steps may be appropriate for this specific premises:

• Staff will receive training on matters concerning underage and drunk sales; safety

and evacuation prior to commencing work with records kept of this training. • The premises shall operate a proof of age scheme and will require photographic

identification from any person who appears to be under the age of 25 years. • The management of the premises will liaise with Police on issues of local concern

or disorder. • Fire exits and means of escape shall be kept clear and in good operational

condition. • Prominent, clear and legible notices shall be displayed at all exits highlighting the

needs of local residents and to leave the premises and area quietly. • Patrons will be encouraged by staff to leave quietly and respect the interests of the

occupiers of any nearby noise sensitive premises. Where appropriate the licensee or a suitable staff member will monitor patrons leaving at the closing time.

• During any performance of recorded music all external doors and windows shall be kept closed except for normal ingress and egress and/or for emergency evacuation.

2.7 This Panel should note from the application that there is an evident over-reliance on Police attendance in the majority of the steps offered by the applicant and subsequently Councillors may consider additional proactive steps or restrictions are appropriate.

3. Relevant Representations 3.1 A consultation has been undertaken with the following result:

Police No representation

Child Protection No representation

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Fire No representation

Trading Standards No representation

Customs and Excise No representation

Parish Council No representation

Environmental Health No representation

Public 1 representation

3.2 In the written representation submitted by Councillor Stanbra (see Appendix 3) the late closing time on Saturday and Sunday morning is highlighted in relation to the proximity to a residential area. The representation goes onto to suggest that a finish time of 01:00 might be more appropriate. Councillor Stanbra also suggests that alcohol should not be allowed to be consumed outside the premises; that all doors and windows should be kept closed after 22:00; and that no external speakers should be allowed.

4. Policy Considerations This section highlights the elements of the licensing policy that are most relevant with respect to this application. This is not exhaustive and the policy should be considered fully prior to making decisions with respect to applications:-

2.13 – In determining a licence application the overriding principle adopted by the Licensing Authority will be that each application will be determined on its merits. Only mandatory conditions and conditions relevant to the operating plan will be imposed except where relevant representations against an application are received. Where relevant representations are received then further additional conditions to meet the licensing objectives may be added provided they are necessary, proportionate and reasonable and deal with the issues raised. Licence conditions will not be imposed where other regulatory regimes provide sufficient protection to the public e.g. Health and Safety at Work and Fire Safety legislation.

5.0 Licensing Hours – relates to higher standards being included within an operating schedule to address licensing objectives, the need to consider the adequacy of measures proposed to deal with nuisance and /or public disorder and demand stricter conditions with regard noise control near denser residential accommodation.

9.0 Licence Conditions – This Authority will therefore avoid the general application of standardised conditions to licences and certificates. However to ensure consistency, when it is necessary to apply conditions, the Authority will draw from pools of model conditions where available, from which appropriate and proportionate conditions may be drawn in particular circumstances to suit individual cases.

15.0 Noise – applicants will be required to demonstrate the measures they have in place to prevent unnecessary noise and disturbance to local residents.

5. Legal Implications If the application is refused or the applicant disagreed with any conditions that may be imposed, there is a means of appeal directly to the magistrate’s court, against the decision of this Panel within 21 days of receipt of the decision. Similarly parties making relevant representations may appeal if they do not feel their concerns have been properly considered during this process. The Magistrates have the power to confirm, vary or reverse the decision of the Council.

6. Financial Implications There are no significant implications to the Council should the Panel decide to refuse or grant the premises licence or add conditions.

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7. Human Rights Implications The applicant does not currently posses a premises licence which can be regarded as property in accordance with Protocol 1, Article 1 of the Human Rights Act 1988.

8. Recommendation Members are asked to consider the information detailed above; gather further information during the Panel Hearing should clarification be sought; and determine whether this new premises licence application should be granted.

Background Papers Licensing Act 2003

Guidance Issued under Section 182 of the Licensing Act 2003

Licensing Act 2003 – Statement of Licensing Policy for regulated entertainment, late night refreshment and the sale of alcohol.

Appendices Appendix 1 - Application Form

Appendix 2 - Map of the locality

Appendix 3 - Representation from Councillor Stanbra

Officer to Contact Damian S Wilkins Health Protection Manager (01536) 464299 damian.wilkins@corby.gov.uk