LICENSING SUB-COMMITTEE

9.30 am Thursday, 1 November 2007

APPENDICES FOR

Splitz Nightclub, Dereham

Procedure Procedure for Licensing Sub-Committee

Report Report of the Principal Environmental Health Officer

Appendix A Application for a Review Hearing

Appendix B Plan(s) of Premises and Location

Appendix C Premises Licence

Appendix D Memo from Environmental Health Officer

Appendix F Guidance from Licensing Act 2003

Appendix E Notice

PROCEDURE FOR LICENSING SUB-COMMITTEE HEARINGS RELATING TO REVIEW APPLICATIONS

1. Chairman introduces Members and Officers and explains procedure to

parties present. 2. Presentation of Officers’ report. (This should be a factual report and

should not contain any recommendations for grant, refusal etc.) 3. Questions by Members to Officers on their report, policy etc. 4. Chairman asks parties whether they have any questions to officers on

the report. If there are such questions, they will be asked firstly by the Applicant for review, secondly by anyone (other than the licence holder) making representations and thirdly by the licence holder.

5. If any parties have previously produced additional information

subsequent to their initial application or representation, the Sub-Committee will now decide whether that additional information should be put before them.

6. Presentation by Applicant (opening, call witnesses, produce any

additional information permitted under paragraph 5 above and give any clarification requested by the Licensing Authority).

7. Questions to Applicant by Members. 8. Chairman to ask whether any other parties wish to question the

Applicant. If any party wishes to do so, the Sub-Committee will now decide whether this should be permitted. If this is permitted, questions will be asked firstly by anyone (other than the licence holder) making representations and secondly by the licence holder.

9. Presentation by any responsible authorities making representations

(opening, call witnesses, produce any additional information permitted under paragraph 5 above and give any clarification requested by the Licensing Authority).

10. Questions to responsible authorities by Members. 11. Chairman to ask whether any other parties wish to question the

responsible authority. If any party wishes to do so, the Sub-Committee will now decide whether this should be permitted. If this is permitted, questions will be asked firstly by the Applicant, secondly by anyone else (other than the licence holder) making representations and thirdly by the licence holder.

12. Presentation by any interested party making representations (opening, call witnesses, produce any additional information permitted under paragraph 5 above and give any clarification requested by the Licensing Authority).

13. Questions to interested parties by Members. 14. Chairman to ask whether any parties wish to question the interested

party. If any party wishes to do so, the Sub-Committee will now decide whether this should be permitted. If this is permitted, questions will be asked firstly by the Applicant, secondly by anyone else (other than the licence holder) making representations and thirdly by the licence holder.

15. Presentation by the licence holder (opening, call witnesses, produce any

additional information permitted under paragraph 5 above and give any clarification requested by the Licensing Authority).

16. Questions to licence holder by members. 17. Chairman to ask whether any parties wish to question the licence holder.

If any party wishes to do so, the Sub-Committee will now decide whether this should be permitted. If this is permitted, questions will be asked first by the Applicant, secondly by any responsible authority making representations and thirdly by any interested party making representations.

18. Chairman will ask all parties to sum up briefly. Summing up will firstly be

by the Applicant, secondly by anyone (other than the licence holder) making representations and thirdly by the licence holder.

19. Sub-Committee will retire to consider their decision. 20. Sub-Committee will return and announce their decision.

Notes

Please note that the clear intention of the licensing legislation is that all essential elements of each party’s case should be included in their initial application or representation. Evidence or information which is sent to the Licensing Authority before the hearing but after the initial application can only be put before the Sub-Committee with the Sub-Committee’s consent. New evidence/information which is raised at the hearing itself can only be put before the Sub-Committee with the consent of both the Sub-Committee and all the other parties to the hearing.

All parties will be allowed an equal amount of time to present their case. Where there are a number of interested parties whose representations reveal similar grounds of concern, the interested parties are strongly urged to appoint a spokesperson from among their number in order that hearings are not unnecessarily lengthened by repetition of the same points.

BRECKLAND COUNCIL LICENSING SUB-COMMITTEE: 1 NOVEMBER 2007 REPORT OF THE OPERATIONS MANAGER - ENVIRONMENT (Author: Nigel Burrows – Principal Environmental Health Officer)

APPLICATION FOR THE REVIEW OF A PREMISES LICENCE – LICENSING ACT 2003

Summary: The Sub-Committee is asked to consider the application for a Review of the Premises Licence for Splitz Nightclub, 37b Quebec Street, Dereham, Norfolk

1. INTRODUCTION/BACKGROUND 1.1 The Licensing Act 2003 provides a mechanism by which, following the grant of a

Premises Licence, a Responsible Authority (e.g. Police or Fire Authority) or Interested Party may ask the Licensing Authority to ‘review’ the licence.

1.2 An application for a review was received from Norfolk Constabulary on 6 September

2007.The application was made on grounds that the Prevention of Crime and Disorder licensing objective is being undermined.

1.3 The application was correctly made and because it was for a review the applicant

(i.e. Norfolk Constabulary) copied it to all the Responsible Authorities and the Premises Licence holder.

1.4 The Licensing Authority caused a notice to be displayed outside the premises for 28

days (see Appendix F) 2. KEY DECISION 2.1 This is not a key decision. 3. COUNCIL PRIORITIES 3.1 The matter(s) raised in this report fall(s) within the following Council priority areas:

• A safe and healthy environment • A well planned place to live which encourages vibrant communities

4. DETAILS OF THE APPLICATION 4.1 Summary of The Application

Parts 1 deals with the premises and part 2 deals with the applicant’s details. The application also details the grounds for the request for review. The complete form and associated material is attached as Appendix A. A location map of the premises is attached as Appendix B.

4.2 Summary of Current Premises Licence

The Premises Licence for Splitz Nightclub is attached as Appendix C. This shows the licensable activities authorised and relevant times. It also has the Mandatory conditions (Annex 1) and Conditions consistent with the Operating Schedule (Annex 2).

This licence was granted on 23 August 2005 following a ‘conversion’ application and was varied in August 2006. It was not previously considered by the Licensing Sub-Committee. The Licence holder is Mrs Jacqueline Thorne and the Designated Premises Supervisor is Timothy Hallums.

4.2 Representations from Responsible Authorities

‘Responsible Authorities’ are the bodies defined by the Licensing Act 2003 who must be sent copies of the Variation application. They are given twenty eight days to make representations to the Licensing Authority. Representations must relate to one of the licensing objectives contained in the Act which are:

• The prevention of crime and disorder • Public safety • The prevention of public nuisance • The protection of children from harm

4.2.1 Norfolk Constabulary – Made the application for review (see Appendix A) 4.2.2 Norfolk Fire Service – No representations. 4.2.3 Environmental Health – Representations have been made in support of the police’s

application and are attached as Appendix D. 4.2.4 Planning – No representations. 4.2.5 Health & Safety Authority – No representations. 4.2.6 Norfolk Trading Standards – No representations. 4.2.7 Norfolk Social Services (Child Protection) – No representations.

Members should not that the Premises Licence Holder met with the police and environmental health on 23 August 2003 prior to the submission of this Review and agreed to the conditions proposed by the Responsible Authorities being added to the Premises Licence.

4.3 Representations from Interested Parties

‘Interested Parties’ are local residents/business or representatives of residents or businesses in the vicinity of a premises There were no representations from Interested Parties:

4.4 Breckland’s Licensing Policy

The Licensing Policy was adopted in 2005 and contains principles regarding the determination of applications.

4.5 Guidance Issued Under Section 182 of the Licensing Act 2003

The Guidance was published by The Department for Culture, Media and Sport in July 2004 and revised in June 2006 and offers advice to Licensing Authorities on the discharge of their functions under the Licensing Act 2003. The following extracts from the guidance may be particularly relevant to this application:

• Sections 5.99 - 5.117 dealing with Reviews, Powers of a Licensing Authority on the Determination of a Review and Reviews Arising in Connection with Crime.

Members have all been issued with a full copy of this Guidance and reference copies will be available for attendees to read at the hearing. A copy of these sections is attached as Appendix E.

5. OPTIONS AVAILABLE 5.1 The Sub-Committee must determine this application with a view to promoting the

licensing objectives (see 4.2).It may:

• Decide that no action is necessary to promote the licensing objectives; • Decide that steps are necessary to promote the licensing objectives and these steps

could be:

Modifying the conditions of the Premises Licence ( this could include adding new conditions or any alteration or omission of an existing condition);

Excluding a licensable activity from the scope of the licence;

Exclusion of the Designated Premises Supervisor

Suspension of the Premises Licence for a period of up to three months; or

Revocation of the Premises Licence.

6. RECOMMENDATION(S) 6.1 The Licensing Sub-Committee should determine the application having regard to

Breckland Council’s Licensing Policy, the four licensing objectives and Guidance issued under Section 182 of the Licensing Act 2003.

7. OTHER IMPLICATIONS Equal Opportunities: there are no implications

Section 17, Crime and Disorder Act 1998: Norfolk Constabulary made representations. Human Rights Act 1998 Article1, First Protocol- A licence is property and every person is entitled to the peaceful enjoyment of his/her possessions (this would apply to applicant and objectors). Any terms or conditions applied need to be proportionate and necessary to protect the interests of a democratic society. Article 6-A licensing committee must ensure a fair hearing. Article 8-Everyone has the right to respect for his/her private life and family home Appendices:

A- Application for Review and associated material from Norfolk Constabulary B- Location Plan of Splitz Nightclub C- Copy of Existing Premises Licence (BREK000534) D- Letter of Representation from Breckland’s Health and Safety Team E- Copy of relevant sections of Section 182 Guidance F- Notice displayed outside the premises by Licensing Authority

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Appendix F