APPLICATION FOR PREMISES LICENCE – STEWART’S CAFÉ 228 MARGATE ROAD RAMSGATE                                                                                                          

To:                   Licensing Sub-Committee –  24^th February 2009 at 11.30 a.m

By:                   Licensing Manager

Classification:  Unrestricted

Ward:               Northwood      

Summary        To consider this application for a Premises licence in the light of objections which have been received.

For decision

1.0       Introduction and Background

1.1 Application has been made by John ICKE for a premises licence which would include late night refreshment and the supply of alcohol. These premises were previously trading as Stewarts Betting Shop with a Betting Premises licence. This licence was surrendered in May 2008 when the Betting shop ceased trading.

1.2    The Operating Schedule, showing the proposed licensable activities and hours is appended at Annex 1.  A map of the area showing the location of these premises is at Annex 2.

2.0 General Points

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. The Council has received six public objections to this application which are appended at Annex 3. 

2.2 The applicant is further required to give notice of the application to responsible authorities. Environmental Health have made no representations. The Police made representations which have been withdrawn providing the following conditions are included in the licence issued – 1) There shall be no off sales, 2) Substantial food and refreshment be available throughout the permitted hours.

2.3 The Licensing Sub-Committee will be aware that it must carry out its functions under the 2003 Licensing Act with a view to promoting 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 by the Secretary of State.

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 relate to the supply of alcohol and designated premises supervisors, exhibition of films and admission of children, and door supervision and being licensed by the Security Industry Authority.

2.6       The application should be determined within twenty working days beginning with the day after the end of the period during which representations may be made. Representations had to be made by the 6^th February.

3.0 Options

3.1 Grant the application with conditions consistent with the Operating Schedule accompanying the application and the conditions mentioned at 2.2 and 2.5 above.

3.2 Exclude from the scope of the licence any of the licensable activities to which the application relates.

3.3 Refuse the application.

3.4 Refuse to specify a person in the licence as the designated premises supervisor. It is intended that the designated premises supervisor will be Vivienne PAGE.

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

4.0       Corporate Implications

4.1 Financial

None.

4.2 Legal

4.2.1 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.

4.2.2 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 Convention on Human Rights. The Licensing 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.

4.3. Corporate

            None.

4.4       Equity and Equalities

      Not relevant.

5.0 Recommendation

The instructions of the Sub-Committee are requested.

Officer Contact: Philip Bensted, Licensing Manager, extension 7630.