Full Agenda Licensing Sub Swashbuckle,Barracuda1

LICENSING SUB COMMITTEE
In respect of
“Swashbuckle/Barracuda – 1-3 Grant Street,
Cleethorpes”
MONDAY 23RD MAY 2016
1:30PM
GRIMSBY TOWN HALL
Rob Walsh, Chief Executive,
Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire, DN31 1HU.
Telephone (01472) 313131 Fax (01472) 324132 DX 13536 Grimsby 1
If telephoning, please ask for Jo Paterson (32)4124
12th May, 2016
Dear Councillor,
Licensing Sub-Committee – Application for a variation of a Premises Licence,
Swashbuckle/Barracuda – 1-3 Grant Street, Cleethorpes.
A meeting of the Licensing Sub-Committee will be held on Monday 23rd May 2016,
commencing at 1.30 p.m. in the Grimsby Town Hall.
The purpose of the meeting is to hear and determine an application for a variation of
a premises licence in respect of the premises to be known as
“Swashbuckle/Barracuda”, at the address of 1-3 Grant Street, Cleethorpes North
East Lincolnshire.
Yours sincerely,
Joanne Paterson
for Chief Executive
Distribution: Councillors: Beasant, Burton and Bolton
FILMING OF PUBLIC MEETINGS
“The Council supports the principle of transparency and encourages
filming, recording and taking photographs at its meetings that are open
to the public. It also welcomes the use of social networking websites
(such as Twitter and Facebook) and micro-blogging to communicate
with people about what is happening, as it happens.
There is no requirement to notify the Council in advance, but it should
be noted that the Chairman of the meeting will have absolute discretion
to terminate or suspend any of these activities if, in their opinion,
continuing to do so would prejudice proceedings at the meeting.
The circumstances in which termination or suspension might occur
could include:
•public disturbance or suspension of the meeting
•the meeting agreeing to formally exclude the press and public from the
meeting due to the confidential nature of the business being discussed
•where it is considered that continued recording / photography / filming
/webcasting might infringe the rights of any individual
•when the Chairman considers that a defamatory statement has been
made
In allowing this, the Council asks those recording proceedings not to
edit the film/recording/photographs in a way that could lead to
misinterpretation of the proceedings, or infringe the core values of the
Council. This includes refraining from editing an image or views
expressed in a way that may ridicule, or show a lack of respect towards
those being photographed/filmed/recorded.
Those intending to bring large equipment, or wishing to discuss any
special requirements are advised to contact the Council's
Communications Team in advance of the meeting to seek advice and
guidance. Please note that such requests will be subject to practical
considerations and the constraints of specific meeting rooms.
The use of flash photography or additional lighting will not be allowed
unless this has been discussed in advance of the meeting and
agreement reached on how it can be done without disrupting
proceedings.
At the beginning of each meeting, the Chairman will make an
announcement that the meeting may be filmed, recorded or
photographed. Meeting agendas will also carry this message.”
LICENSING HEARING
“Swashbuckle/Barracuda” 1-3 Grant Street, Cleethorpes
1.
Appointment of Chairman
-
To appoint a Chairman for this meeting.
2.
Declarations of Interest
-
To record any declarations of interest by any Member of the Committee in
respect of items on this Agenda.
Members declaring interests must identify the Agenda item and the type and
detail of the interest declared.
(A) Disclosable Pecuniary Interest; or
(B) Personal Interest; or
(C) Prejudicial Interest
3.
Application for a variation of a Premises Licence
Swashbuckle/Barracuda –1-3 Grant Street, Cleethorpes
A meeting of the Licensing Sub-Committee will be held on Monday 23rd
May 2016 commencing at 1.30pm in Grimsby Town Hall.
The purpose of the meeting is to hear and determine an application for a
variation of a premises licence in respect of the Premises to be known as
“Swashbuckle/Barracuda” at the address of 1-3 Grant Street, Cleethorpes
(copy attached).
CONTENTS
4.
Notice of Hearing dated 29th April, 2016.
1.
5.
North East Lincolnshire Council Licensing Committee Procedure.
3.
6.
Report of Kate Todd, Licensing Enforcement Officer to the Licensing SubCommittee dated 29th April, 2016
7.
7.
Premises Licence – Variation Application dated 29th March 2016
17.
8.
Representation letter from Humberside Police dated 8th April 2016
33.
ROB WALSH
CHIEF EXECUTIVE
Item 4
T. MAIONE, ASSISTANT
DIRECTOR LAW
(MONITORING OFFICER)
www.nelincs.gov.uk
LICENSING COMMITTEE AND SUB-COMMITTEE
NOTICE OF HEARING UNDER THE LICENSING ACT 2003 in accordance
with The Licensing Act 2003 (Hearings) Regulations 2005
TO All Parties
NOTICE is hereby given under Regulation 6 that the Licensing SubCommittee of North East Lincolnshire Council (the “Authority”) will be
sitting on MONDAY 23rd MAY 2016 at 13:30
AT: Grimsby Town Hall, Town Hall Square, Grimsby, North East
Lincolnshire
to hear and determine the APPLICATION FOR A VARIATION OF PREMISES
in respect of the premises known as SWASHBUCKLE / BARRACUDA at the
address of 1-3 GRANT STREET, CLEETHORPES, DN35 8AT.
All parties may attend the hearing and may be assisted or represented by any
person whether or not that person is legally qualified (subject to regulations 14(2)
and 25).
The procedure to be followed at the hearing is set out in the accompanying
document.
The time estimate is 3 hours.
ALL PARTIES shall comply with Regulation 8 (Action following receipt of notice of
hearing) and may do so by completing and returning the attached form to the
address below.
IF ANY Party does not think the time estimate given is enough they should give
notice to the authority at the address below at once.
The Applicant shall also find accompanying this notice, the relevant
representations which have been made, as listed below: Humberside Police
ANY PARTY who wishes to withdraw any representations they have made may
do so by giving notice at the address below.
Where all parties agree that a hearing is no longer necessary the authority may
dispense with the hearing. UNLESS notified otherwise, by Law and Democratic
Notice of Hearing/ERS
1
Services, the hearing of this application SHALL take place as specified in this
notice.
ALL PARTIES should ensure full advance disclosure between parties of any
additional information to be put before the Committee hearing and should
endeavour to provide copies of such information within 5 working days of the
hearing for distribution purposes. Failure to disclose may result in the information
not being admitted.
ALL PARTIES should have regard to the consequences of not attending or being
represented at the hearing as set out in paragraph 5 of the accompanying
procedure.
ADDRESS FOR ADVANCE DISCLOSURE/NOTICES (Following receipt of
Notice of Hearing):Licensing Department, North East Lincolnshire Council
Municipal Offices, Town Hall Square, Grimsby,
North East Lincolnshire, DN31 1HU
DX 13536 GRIMSBY 1
Telephone (01472) 326299
Email: [email protected]
Signed:……………………….
Dated this 29th day of April 2016
T.Maione
Assistant Director Law (Monitoring Officer)
The parties and the addresses for service of this notice are:Humberside Police
[email protected]
Michael Kheng
[email protected]
Notice of Hearing/ERS
2
Item 5
NORTH EAST LINCOLNSHIRE COUNCIL
LICENSING COMMITTEE AND SUB-COMMITTEE
PROCEDURE FOR ALL HEARINGS HELD UNDER THE LICENSING ACT 2003
INTRODUCTION
1.
The Licensing Committee and Sub-Committee has the duty under the Licensing
Act 2003 (“the Act”) to determine applications for any Licence under the Act where
relevant representations have been made. This also includes reviews, variations
and transfers. The Licensing Committee has determined that, subject to the
provisions of The Licensing Act 2003 (Hearings) Regulations 2005 (“the
regulations”), the procedure to be followed at the hearing will be as set out herein.
2
The majority of determinations will be made by the Licensing Sub-Committee.
However in appropriate cases, it may be decided that the Licensing Committee will
make a determination. Decisions will be taken in accordance with an approved
scheme of delegation aimed at underlining the principles of timely, efficient and
effective decision-making.
NOTICE OF HEARING
3.
The Licensing Section shall on behalf of the Licensing Authority give to the parties
Notice of the Hearing, in accordance with the regulations. The parties to the
hearing include (where relevant) the applicant, the licence holder, the user of the
premises, the club, the chief officer of police and the persons making the relevant
representations. Notice to the applicant (or licence holder) shall also include
copies of the relevant representations which have been made.
DISCLOSURE
4.
The Licensing Authority strongly urges all parties involved in any hearing to ensure
that there is full advance disclosure between the parties of any additional
information (in support of the application or representation) to be put before the
Committee hearing and that copies are provided to Law and Democratic Services
within 5 working days of the hearing for distribution purposes. Failure to disclose
may result in the information not being admitted. If any party produces information
at the hearing, where advance disclosure has not taken place, the Committee may
not take that information into account unless the other parties consent.
ATTENDANCE AT HEARINGS
5.
Any party may attend the hearing and may be assisted or represented by any
person whether or not that person is legally qualified. The hearing shall take place
in public. The Committee may exclude the public from all or part of a hearing on
3
public interest grounds. If a party has informed the licensing authority that he does
not intend to attend or be represented at a hearing, or fails to attend or be
represented, the hearing may proceed in his absence. Where the hearing takes
place in the absence of any party the Committee shall consider representations
made by that party.
HEARINGS
6.
The Chairman will open the Committee and introduce any members and officers
present at the hearing. All parties or representatives will be asked to introduce
themselves to the Committee. The legal advisor to the Committee will ensure all
parties understand the procedure and, if this is not understood, will explain the
procedure to the parties.
7.
Hearings shall commence in the form of a discussion led by the legal advisor to the
Committee. The purpose of the discussion will be to establish any preliminary
matters such as:(a) whether any representations have been withdrawn.
(b) whether a hearing is still necessary.
(c) whether any person other than a party or person representing a party has the
permission of the committee to appear at the hearing.
(d) if the licensing authority has sought clarification of any information from any
party, whether that party has any further information in response to that request.
(e) if any party wishes to produce any further information at the hearing whether the
other parties consent to that other information being produced (see 4. above).
(f) whether any information produced by any party is relevant to the application,
representations or to the promotion of the licensing objectives. Where the licensing
authority considers that it is not relevant it shall inform the parties that it shall
disregard that information. The legal advisor to the committee will give advice
where appropriate.
(g) where there are a number of objectors making the same point the Committee
may invite such objectors to appoint a spokesperson.
(h) whether there should be an adjournment (see 9. below) and if so the Committee
will adjourn to a specified date (or additional dates).
(i) members of the committee may ask any questions.
(j) where any party wishes to address the committee or ask questions of any party
appearing at the hearing, the party will seek permission to do so and the
committee will consider whether permission is given (and if so the form of the
hearing will proceed forthwith on a contested basis).
The time allocated for the preliminary discussion will normally be 10 minutes.
8.
Once the “preliminaries” have been addressed the licensing officer will set out the
nature and details of the application, review, variation or transfer etc, including the
representations being made. The parties may at this stage be asked to confirm or
clarify the details of what has just been said. The Committee will then invite the
4
parties, who have sought to address the Committee, to do so and will follow the
order set out in paragraph 10 below.
9. During the contested hearing all parties will be allowed the same amount of time.
Some flexibility will be given. Where necessary some extra time will be allowed. If
extra time is given the other parties will be asked if there is anything else they wish
to add or say. The maximum time allowed is only likely to be enforced if it appears
that one party is obtaining an unfair advantage (or the other parties are not
receiving a fair hearing) as a consequence of any prolongation. The maximum time
may also be enforced in the interests of timeliness, particularly to avoid
unnecessary repetition.
Please take the details contained in paragraph 10 as notification of the maximum
time to be allowed (UNLESS notified otherwise).
If any party considers that the time to be allowed is not sufficient written
representations should be made, at the earliest opportunity, to Law and Democratic
Services (to the address specified on the Notice of Hearing) setting out reasons
why more time is necessary. Such requests will be accommodated only where
necessary and possible. If this is not possible the hearing may be adjourned to
another date or may proceed in the allocated time. The Licensing Authority
considers that it is the responsibility of the parties to ensure where possible that
they can present their cases in the allocated time. The parties are encouraged to
put anything which it wishes to address to the Committee in writing, therefore
saving time. Adjournments will usually only be granted as a last resort.
10. The normal maximum allocated time and order of play will be as set out below:i. Applicant has 20 minutes in total to address the Committee in opening speech and
call any witnesses in support of their application.
ii. Questions by members of the Committee (5 minutes).
iii. Responsible Authorities have 20 minutes each in total to address the Committee
and call any witnesses in support of their representation.
iv. Questions by members of the Committee (5 minutes).
v. Interested parties have 20 minutes each in total to address the Committee and call
any witnesses in support of their representation.
vi. Questions by members of the Committee (5 minutes).
vii. Closing speech, to sum up, by any party, if permission given (5 minutes each).
5
It is a matter for the parties how they decide to divide their allocated time, whether
they call any witnesses at all or simply wish to rely on submissions. The parties are
asked to consider this themselves before the hearing.
On the basis that there will normally have been full disclosure of information, and
that the Committee members will have read all papers before the hearing, the
Licensing Authority is of the opinion that opening speeches and evidence in-chief
should be brief.
Cross examination will not normally be allowed. In exceptional cases specific
questions may be permitted with the prior agreement of the Committee.
DETERMINATIONS
11. Decisions following police objection to a temporary event notice or a review
following a closure order will always be made at the conclusion of the hearing. In
other cases the Committee must make its determination within 5 working days of
the last day of the hearing. However wherever possible the Committee shall
endeavour to make its decision at the conclusion of the hearing.
In which case the Committee will retire (or ask the parties to leave the room) and
make its determination. The legal advisor may provide advice to the Committee in
respect of its decision but will not take part in the decision making. If the Committee
needs to seek clarification from any party, Members will return to the meeting.
12. In all cases Law and Democratic Services will confirm the decision of the Committee
in writing to all parties, including any conditions and reasons, and will inform them
of their right, and time permitted, to appeal the decision.
6
LICENSING SUB-COMMITTEE
Item 6
DATE
Monday 23rd May 2016
REPORT OF
Joanne Hewson - Deputy Chief Executive
(Communities)
SUBJECT
Receipt of representations regarding an
application to vary a Premises Licence at
[Premises & Address]
STATUS
Open
CONTRIBUTION TO OUR AIMS
Stronger Economy:
Support for premises that promote the licensing objectives through appropriate action
against those that do not.
Stronger Community:
Reduce incidence of crime, anti-social behaviour and public nuisance associated with
licensed premises
Promotion of public safety and child protection in relation to licensed premises
EXECUTIVE SUMMARY
The Licensing Authority under the Licensing Act 2003 (“the Act”) has a duty to determine
applications for any Licence under the Act where relevant representations have been
made.. This duty has been delegated to the Licensing Sub-Committee. This case
involves representations made by [Reps] on the grounds of [Licensing Objectives].
RECOMMENDATIONS
To determine the application for a variation of the Premises Licence and consider any
relevant representations under s35 of the Act. To take such steps as considered
appropriate for the promotion of the licensing objectives.
REASONS FOR DECISION
Must have regard to: North East Lincolnshire Council’s Statement of Licensing Policy.
 Guidance issued by the Secretary of State under s.182 of the Act.
Steps taken must be appropriate for the promotion of the Licensing Objectives, namely: the prevention of crime and disorder;
 public safety;
 the prevention of public nuisance; and
 the protection of children from harm.
7
1.
BACKGROUND AND ISSUES
These are fully contained in the report of Kate Todd.
2.
RISKS AND OPPORTUNITIES
Crime and Disorder – If the Sub-Committee finds that the grant of this
application would undermine the licensing objectives, it must to
consider what, if any, steps are appropriate to prevent this. If
appropriate steps are not taken there is a risk that the licensing
objectives will not be promoted.
Human Rights – The premises licence holder is entitled to a fair
hearing; article 6 of the European Convention on Human Rights
applies. Article 8, the right to respect for private and family life, also
applies as the “licence” is crucial to the livelihood of the premises
licence holder. The Human Rights of the wider community are also
engaged.
Equality and Diversity – No direct effects
Value for Money –The aim must be to take action that prevents
problems persisting and using further licensing resources.
The Impact on the Social, Economic and Environmental well-being
of the Borough – Action taken to ensure that licensed premises
promote the licensing objectives will have a positive impact in these
respects.
Environmental Sustainability Implications - None
3.
OTHER OPTIONS CONSIDERED
If considered necessary, the steps which may be taken are:


Modify the conditions of the licence (i.e. the operating schedule
for the application). Existing conditions can be altered or omitted
or new conditions added.
Reject the whole application
Reject part of the application
(The conditions of the licence are modified if any of them are altered or
omitted or any new condition is added.)
If no steps are deemed necessary, the variation of the licence should
be granted in the form that it was made.
8
4.
REPUTATION AND COMMUNICATIONS CONSIDERATIONS
There are potential positive reputational implications for the Council
resulting from the decision where appropriate action has seen to have
been taken. An action plan has been agreed with the Council’s
communications service covering information requirements and
communication channels to be utilised.
5.
FINANCIAL CONSIDERATIONS
This report relates to a determination required in response to a
an application made under the Licensing Act 2003. The process is
governed by statutory regulations and the fees involved are statutory.
There are no direct resource or funding implications in the first instance
but there may be on appeal (see Section 5).
6.
FINANCIAL IMPLICATIONS
The premises licence holder, the responsible authorities and any
relevant person have a right of appeal against the decision made to the
Magistrates and/or High Court. If the Licensing sub-committee takes a
step which is considered to be unnecessary or unlawful by a higher
court there is a risk that an award of costs may be ordered against the
Council in favour of the successful appellant. Such costs are difficult to
quantify or estimate.
7.
LEGAL IMPLICATIONS
These are covered in the body of the report of the Licensing Officer.
8.
HUMAN RESOURCES IMPLICATIONS
There are no Human Resource Implications.
9.
ENVIRONMENTAL SUSTAINABILITY IMPLICATIONS
No implications
10.
WARD IMPLICATIONS
Sidney Sussex
11.
BACKGROUND PAPERS
Please refer to the Index of Members Papers
12.
CONTACT OFFICER
Kate Todd
JOANNE HEWSON
DEPUTY CHIEF EXECUTIVE (COMMUNITIES)
9
10
↕
LICENSING
LICENSING ACT 2003
Report to Licensing
Sub-Committee following
receipt of Relevant
Representations
Swashbuckle / Barracuda
1-3 Grant Street,
Cleethorpes, DN35 8AT
11
NORTH EAST LINCOLSHIRE COUNCIL
LICENSING AUTHORITY
LICENSING ACT 2003
Report to Licensing Sub-Committee
following receipt of Relevant Representations
1.
Summary Of Application (Full details in Application Form – Appendix 1)
1.1
Premises: Swashbuckle/Barracuda, 1-3 Grant Street, Cleethorpes, DN35 8AT
1.2
Applicant: Innovation Pub Management Limited
1.3
Date Application Received: 29th March 2016
1.4
The Existing Operation:
A copy of the full premises licence can be found annexed to this report.
1.5
The Proposed Operation:
To extend the hours of licensable activities to the following times:
Plays / Films / Indoor Sporting / Live Music / Recorded Music / Performances of
Dance / Anything of a similar description
Monday to Sunday
1000 until 0500
Supply of Alcohol
Monday to Sunday
1000 until 0500
To add the following the following condition:

Challenge 25 shall be implemented and a proof of age policy is to be applied
with the accepted means of proof of age being:
 Passport
 Photo Driving Licence
 A recognised valid photo ID card bearing the PASS hologram
2.
Summary of Representations :( Full details in report)

A representation has been made by the Police in relation to Crime and
Disorder (please see Appendix 2)
2.1
Representation 1:
2.1.2 Person making representation: Kenneth Stone, Humberside Police
2.1.3 Licensing objectives affected: Crime and Disorder
12
2.1.4 Summary of Recommendations: N/A
2.10 Mediation
The Licensing Authority, after consideration of the representation decided that
mediation would not be appropriate with regards to this application.
3.
Statement of Licensing Policy
The following sections of North East Lincolnshire Council’s Statement of
Licensing Policy 2015 – 2020 are considered relevant to these
representations:









4.
Licensing Objectives: 2.1 – 2.3, 9.1.1 – 9.1.8
Conditions attached to a Premises Licence: 6.1.1 – 6.1.4
Extent of control: 6.2.1
Duplication of other legislation: 6.3.1 – 6.3.3
Licensing Hours: 6.6.1 – 6.6.2
Applications: 8.1.1 – 8.1.2, 8.1.4
Representations: 8.7.1
Prevention of Crime & Disorder: 9.2.1 – 9.2.8
Cumulative Impact 10.1 – 10.15
Guidance issued under Section 182 of the Licensing Act 2003
This guidance is provided for Licensing Authorities carrying out their functions.
It is regarded by the Government as a key mechanism for promoting best
practice, ensuring consistent application of licensing powers across the
country and for promoting fairness, equal treatment and proportionality. It does
not however replace any statutory provisions of the 2003 Act and it is for the
Licensing Authority to take their own professional and legal advice about its
implementation.
The following sections of the Guidance are considered relevant to these
representations:










Licensing Objectives: 1.2 – 1.5
Each application on its own merits 1.17
Crime and Disorder: 2.1 – 2.7
Steps to Promote the Licensing Objectives: 8.34 – 8.42
Licensing Hours 8.60
Determining of Applications: 9.1, 9.3 – 9.10
Representations from the Police 9.12
Hearings: 9.30 – 9.40
Determining actions that are appropriate for the promotion of the
licensing objectives: 9.41 – 9.43
Conditions attached to a Premises Licence: 10.1 – 10.21, 10.43, 10.46 – 10.49
13
5.
General Advice on Determination of the Application
5.1
The sub-committee are advised that findings on any issues of fact should be
on the balance of probability.
5.2
The sub-committee are advised that in arriving at any decision, it must
have regard to relevant provisions of national guidance and North East
Lincolnshire Council’s Statement of Licensing Policy. Reasons must be given
for any departure.
5.3
The sub-committee are advised that the final decision should be based
on the individual merits of the application and the factual findings made
at the hearing.
5.4
Section 35 of the Licensing Act 2003 states that where relevant
representations have been made in relation to a variation application and a
hearing is held to consider them, the sub-committee can take such of the
steps set out below as it considers appropriate for the promotion of the
licensing objectives – in this case the interested parties consider the
Prevention of Crime and Disorder, Public Safety, the Prevention of Public
Nuisance or the Protection of Children from Harm are likely to be affected.

Grant the licence with modified conditions. This means the conditions could
be altered or omitted or new conditions added. When modifying conditions,
the sub-committee can vary the licence so that different conditions apply to
different parts of the premises and different licensable activities.

Reject the whole or part of the application
If none of these steps are considered appropriate the application should be
granted in the form it was made.
5.5
Conditions should be proportionate to the size, style and characteristics
of the premises and the activities proposed or taking place and must be
appropriate.
5.6
The sub-committee are advised that they must take into account the
following Human Rights provisions:

Everyone affected by a decision has a right to a fair hearing.

Everyone has the right to his private and family life, his home and his
correspondence.
6.
Observations
6.1
The location of the premises subject to this application falls inside the current
Cumulative Impact Zone in Cleethorpes.
14
6.2
The power of review exists for any licensed premises that does not operate in
a way that promotes the licensing objectives. This can ultimately result in
revocation of the licence.
Report prepared by Kate Todd Licensing Enforcement Officer
29th April 2016
15
Kurn a
Item 7
LICENSING CONSULTANTS LIMITED
29 March 2016 The Licensing Team North East Lincolnshire Council Municipal Offices Town Hall Square GRIMSBY NE Lincs DN31 1HU Dear Sirs Licensing Act 2003 Application – North East Lincolnshire Council On Line Application Please find enclosed the following application under the Licensing Act 2003: Premises Licence – Variation Application Swashbuckle, 1‐3 Grant Street, Cleethorpes. DN35 8AT As this is an electronic application copies of this application have not been sent to the responsible authorities. We request that any questions regarding the above application and that any granted licences be sent via ourselves as agents for the applicants. We confirm that an advert will appear in the local newspaper of the area within the next 10 working days. Regards Michael Kheng CBii Kurnia Licensing Consultants Limited
Spanish City, High Street, Mablethorpe. Lincs. LN12 1AL
TeL: 01507 477481 –email: [email protected]
Registered Company No: 07982333 – V.A.T. Reg. No: 131 3904 45
Directors: M.K.Kheng CBii – S.E.Kheng
16
Application to vary a premises licence under the Licensing Act 2003 Schedule 3 – Regulation 5 PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST Before completing this form please read the guidance notes at the end of the form. If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your answers are inside the boxes and written in black ink. Use additional sheets if necessary. You may wish to keep a copy of the completed form for your records. I/We Innovation Pub Management Ltd (Insert name(s) of applicant) being the premises licence holder, apply to vary a premises licence under section 34 of the Licensing Act 2003 for the premises described in Part 1 below Premises licence number: PM000091 Part 1 – Premises Details Postal address of premises or, if none, ordnance survey map reference or description Swashbuckle 1‐3 Grant Street Post town Cleethorpes Post code DN35 8AT Telephone number at premises (if any) 01472 696210 Non‐domestic rateable value of premises £ 138,000 Part 2 – Applicant details Daytime contact telephone number c/o 01507 477481 E‐mail address (optional) c/o [email protected] Current postal address if different from premises address c/o Kurnia Licensing Consultants Ltd Spanish City High Street Post Town Mablethorpe Postcode Kurnia Licensing Consultants – www.kurnia.co.uk 17
LN12 1AL Part 3 ‐ Variation Please tick yes Do you want the proposed variation to have effect as soon as possible? Day Month Year 0
If not do you want the variation to take effect from Please describe briefly the nature of the proposed variation (Please see guidance note 1) To extend the hours of licensable activities and remove and amend conditions. For clarification this application is an application to vary the current premises licence and the times stated on this application may include those already permitted. This application is for hours and activities not already permitted by the current premises licence. If your proposed variation would mean that 5,000 or more people are expected to attend the premises at any one time, please state the N/A number expected to attend Part 4 Operating Schedule Please complete those parts of the Operating Schedule below which would be subject to change if this application to vary is successful. Provision of regulated entertainment Please tick yes a) plays (if ticking yes, fill in box A) b) films (if ticking yes, fill in box B) c) indoor sporting events (if ticking yes, fill in box C) d) boxing or wrestling entertainment (if ticking yes, fill in box D) e) live music (if ticking yes, fill in box E) f) recorded music (if ticking yes, fill in box F) g) performances of dance (if ticking yes, fill in box G) h) anything of a similar description to that falling within (e), (f) or (g) (if ticking yes, fill in box H) Kurnia Licensing Consultants – www.kurnia.co.uk 18
Provision of late night refreshment (if ticking yes, fill in box L) Sale by retail of alcohol (if ticking yes, fill in box M) In all cases complete boxes K, L and M Kurnia Licensing Consultants – www.kurnia.co.uk 19
A Plays Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Will the performance of a play take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) Plays performed by amateur or professional with live, acoustic or amplified, music and amplified voice that attracts an audience, whether by advertisement or spontaneously State any seasonal variations for performing plays (please read guidance note 4) None Non standard timings. Where you intend to use the premises for the performance of plays at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 20
B Films Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Will the exhibition of films take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) Video entertainment on tv screens and amusement machines State any seasonal variations for the exhibition of films (please read guidance note 4) None Non standard timings. Where you intend to use the premises for the exhibition of films at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 21
C Indoor sporting events Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Please give further details (please read guidance note 3) To permit pub games that attracts an audience, whether by advertisement or spontaneously. State any seasonal variations for indoor sporting events (please read guidance note 4) None Non standard timings. Where you intend to use the premises for indoor sporting events at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 22
D Boxing or wrestling entertainments Standard days and timings (please read guidance note 6) Day Start Finish Mon Tue Wed Thur Fri Sat Sun Will the boxing or wrestling entertainment take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) State any seasonal variations for boxing or wrestling entertainment (please read guidance note 4) Non standard timings. Where you intend to use the premises for boxing or wrestling entertainment at different times to those listed in the column on the left, please list (please read guidance note 5) Kurnia Licensing Consultants – www.kurnia.co.uk 23
E Live music Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Will the performance of live music take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) Live, acoustic or amplified, music and amplified voice. State any seasonal variations for the performance of live music (please read guidance note 4) None Non standard timings. Where you intend to use the premises for the performance of live music at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 24
F Recorded music Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Will the playing of recorded music take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) Recorded music with or without a DJ and including audience participation. State any seasonal variations for the playing of recorded music (please read guidance note 4) None Non standard timings. Where you intend to use the premises for the playing of recorded music at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 25
G Performances of dance Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Will the performance of dance take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) To permit performances of dance that attracts an audience, whether by advertisement or spontaneously State any seasonal variations for the performance of dance (please read guidance note 4) None Non standard timings. Where you intend to use the premises for the performance of dance at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 26
H Anything of a similar description to that falling within (e), (f) or (g) Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Please give a description of the type of entertainment you will be providing Anything of a similar description to that falling within (e), (f) or (g) Will this entertainment take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) To permit anything of a similar description to that falling within (e), (f) or (g) State any seasonal variations for entertainment of a similar description to that falling within (e), (f) or (g) (please read guidance note 4) None Non standard timings. Where you intend to use the premises for the entertainment of a similar description to that falling within (e), (f) or (g) at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences Kurnia Licensing Consultants – www.kurnia.co.uk 27
I Late night refreshment Standard days and timings (please read guidance note 6) Day Start Finish Mon Tue Wed Thur Fri Sat Sun Will the provision of late night refreshment take place indoors or outdoors or both – please tick (please read guidance note 2) Indoors Outdoors Both Please give further details here (please read guidance note 3) State any seasonal variations for the provision of late night refreshment (please read guidance note 4) Non standard timings. Where you intend to use the premises for the provision of late night refreshment at different times, to those listed in the column on the left, please list (please read guidance note 5) Kurnia Licensing Consultants – www.kurnia.co.uk 28
J Supply of alcohol Standard days and timings (please read guidance note 6) Day Start Finish Mon 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 0400 0500 Tue Wed Thur Fri Sat Sun Will the supply of alcohol be for consumption (Please tick box) (please read guidance note 7) On the premises Off the premises Both State any seasonal variations for the supply of alcohol (please read guidance note 4) None Non‐standard timings. Where you intend to use the premises for the supply of alcohol at different times to those listed in the column on the left, please list (please read guidance note 5) New Years Day All Day An additional hour to the standard and non standard times when British Summer Time commences K Please highlight any adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children (please read guidance note 8) No activities are proposed that may give rise to concern in respect of children but should any activities occur that may give rise to concern in respect of children then suitable measures and restrictions shall be implemented. Kurnia Licensing Consultants – www.kurnia.co.uk 29
L Hours premises are open to the public Standard days and timings (please read guidance note 6) Day Start Finish Mon Tue Wed Thur Fri Sat Sun State any seasonal variations (please read guidance note 4) None Non standard timings. Where you intend the premises to be open to the public at different times from those listed in the column on the left, please list (please read guidance note 5) Already 24 hours Please identify those conditions currently imposed on the licence which you believe could be removed as a consequence of the proposed variation you are seeking Please tick yes
I have enclosed the premises licence I have enclosed the relevant part of the premises licence If you have not ticked one of these boxes please fill in reasons for not including the licence, or part of it, below Kurnia Licensing Consultants – www.kurnia.co.uk 30
Reasons why I have failed to enclose the premises licence or relevant part of premises licence Electronic application M Describe any additional steps you intend to take to promote the four licensing objectives as a result of the proposed variation: a) General – all four licensing objectives (b,c,d,e) (please read guidance note 9) The Authorities local licensing policy has been considered in the preparation of this application. No new steps have been identified that are not already covered under the Licensing Act 2003 or other legislation in relation to the four licensing objectives, except as stated earlier in this application b) The prevention of crime and disorder No steps have been identified that are not already covered under this or other legislation other than stated earlier in this application c) Public safety No steps have been identified that are not already covered under this or other legislation other than stated earlier in this application d) The prevention of public nuisance No steps have been identified that are not already covered under this or other legislation other than stated earlier in this application e) The protection of children from harm Challenge 25 shall be implemented and a proof of age policy is to be applied with the accepted means of proof of age being: 1. Passport 2. Photo Driving Licence 3. A recognised valid photo‐id card bearing the PASS hologram No other steps have been identified that are not already covered under this or other legislation other than stated earlier in this application I have made or enclosed payment of the fee I have sent copies of this application and the plan to responsible authorities and others where applicable I understand that I must now advertise my application Kurnia Licensing Consultants – www.kurnia.co.uk 31
I have enclosed the premises licence or relevant part of it or explanation I understand that if I do not comply with the above requirements my application will be rejected IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ON THE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003 TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION Part 5 – Signatures (please read guidance note 10) Signature of applicant (the current premises licence holder) or applicant’s solicitor or other duly authorised agent (please read guidance note 11). If signing on behalf of the applicant please state in what capacity. Signature Date 29/03/16 Capacity Michael Kheng CBii ‐ Applicant’s duly authorised agent Contact name (where not previously given) and address for correspondence associated with this application (please read guidance note 13) Michael Kheng Kurnia Licensing Consultants Spanish City High Stree Post town Mablethorpe, Lincs Telephone number (if any) Post code LN12 1AL 01507 477481 / 07971 841273 If you would prefer us to correspond with you by e‐mail your e‐mail address (optional) [email protected] Kurnia Licensing Consultants – www.kurnia.co.uk 32
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Communities Command
Community Safety - Licensing
Police Headquarters
Priory Road
Hull
HU5 5SF
[email protected]
North East Lincolnshire Council
Licensing Department
Municipal Offices
Town Hall Square
Grimsby
DN31 1HU
08/04/2015
Dear North East Lincolnshire Licensing
Re: Application to Vary the premise licence for Swashbuckle, Grant Street, Cleethorpes.
I write on behalf of the Chief Constable of Humberside Police. The Chief Constable wishes to make representations on
Swashbuckle on the grounds that if granted the application could undermine the prevention of crime and disorder
licensing objective.
The Facts that the Chief Constable relies on in support of the objection are, in summary:

Swashbuckle is situated in a CIZ area of Cleethorpes, which has a number of late-night venues.

There is a significant number of reported drink related crimes and calls for service associated with
this premise over a six month period .This premise is placed in the Humberside police list in the
top 10 of offending premises for North East Lincolnshire.
The Chief Constable reserves the right to serve further evidence in support of these representations and to expand upon
the representations at any hearing in relation to the objection to the application.
Yours faithfully
Kenneth Stone 3052
Licensing Officer
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