WAVERLEY BOROUGH COUNCIL

LICENSING SUB-COMMITTEE B

08 SEPTEMBER 2020

Title:
LICENSING ACT 2003 - TEMPORARY EVENT NOTICE WITH ENVIRONMENTAL HEALTH OBJECTION GUILDFORD RUGBY FOOTBALL CLUB, GUILDFORD ROAD, FARNCOMBE, GODALMING, SURREY, GU7 3DH [Wards Affected: All Godalming & Farncombe Wards ]

Portfolio Holder:	Cllr Palmer, Portfolio Holder for Operational & Enforcement

Head of Service:	Richard Homewood Head of Environmental and Regulatory Services

Key decision:	No

Access:	Public

1. Purpose and summary
The purpose of the report is to enable the Sub Committee to consider a Temporary Event Notice (TEN) where an objection has been made by Environmental Health. Only the Police and Environmental Health may object to a TEN on the grounds that the TEN would undermine any of the four Licensing Objectives.. 2. Background 2.1. The Temporary Event Notice for the proposed event at the premises (Guildford Rugby & Football Club) is shown at Annexe1. The Guildford Rugby & Football Club has a Premises Licence for the Clubhouse, attached at Annexe 2, which permits:  Live & Recorded Music and Performance of dance 1600 to 2230 Monday to Thursday 1600 to 0030 Friday 1000 to 0030 Saturday 1000 to 2200 Sunday  Sale of Alcohol 1000 to 2300 Monday to Thursday 1000 to 0100 Friday & Saturday 1000 to 2230 Sunday  Opening Hours 0630 to 0000 Sunday to Thursday 0630 to 0130 Friday & Saturday 2.2 In accordance with the legislation, copies of the application were sent to Surrey Police and Environmental Health acting as responsible authorities. 3. Temporary Event Notice requested 3.1 The ‘premises user’ under the TEN, Mrs Emma White is the Senior Events Manager of Guildford Rugby Football Club, who seeks to have sale of alcohol in the outside area of the club house for consumption both on and off the premises, from 1800 until 0100 hours on the 26 September 2020, for an event described as a 40th birthday party.. 3.2 Attached at Annexe 3 is a plan showing the area of the premises and surrounding properties 4. Representations received 4.1. The Licensing Act 2003 permits only the Police and Environmental Health to object to a Temporary Event Notice; no other authority or person. Objections can be raised on any of the four Licensing Objectives. 4.2 The four Licensing Objectives of the Licensing Act 2003 are set out below. 1. Prevention of Crime and Disorder 2. Public Safety 3. Prevention of Public Nuisance 4. Protection of Children from Harm 4.3 Environmental Health have raised an objection to the Notice on the grounds of three of the Licensing Objectives, Prevention of Crime & Disorder, Public Safety and Prevention of Public Nuisance, and their representation is set out at Annexe 4 to this report. The Police have not raised any objections and the last objection date was 26 August.

5. Recommendation
It is recommended that the Sub-Committee considers the Temporary Event Notice, Environmental Health Objection and evidence of all parties involved at the hearing and then make a determination. Members must determine the application in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The Sub-Committee should take such steps as it considers appropriate for the promotion of the licensing objectives.

6. Reason for the recommendation
6.1 The general principle is that following submission of a Temporary Event Notice, in accordance with LA 2003 Act, the event will go ahead unless a relevant objection is received from the Surrey Police or Environmental Health. This is subject to the proviso that the applicant has complied with regulations in submitting the Temporary Event Notice. 6.2 Relevant representations are those which: • Are about the effect of the Event on the promotion of the licensing objectives • Are made by Surrey Police or Environmental Health as a Responsible Authority • Have not been withdrawn 6.3 Licensing authorities are required to carry out licensing functions under the Licensing Act 2003 with a view to promoting the four licensing objectives of:- • Prevention of crime and disorder; • Public safety; • Prevention of nuisance; and • Protection of children from harm. 6.4 Members should note that each objective is of equal importance. There are no other licensing objectives, and the four objectives are paramount considerations at all times. 6.5 The Licensing Sub-Committee must also consider Waverley Borough Council’s Statement of Licensing Policy when deciding whether to permit or not to Temporary Event Notice. The terms of the Statement of Licensing Policy are highly persuasive, but not binding, on the Licensing Sub-Committee. The Licensing Sub-Committee may depart from the guidance contained in the Statement of Licensing Policy if it considers there are clear and convincing reasons to do so. 6.6 Where there is a conflict between the Licensing Act 2003 and the Statement of Licensing Policy, the Licensing Act 2003 must prevail. 6.7 Members are required to have regard to the Home Office Guidance issued under section 182 of the Licensing Act 2003 (April 2018 version) in carrying out the functions of licensing authority. However, guidance does not cover every possible situation, so long as the guidance has been properly and carefully understood, members may depart from it if they have reason to do so. Full reasons must be given if this is the case. 6.8 The guidance will be available for reference purposes at the meeting.* Particular attention is drawn to: Temporary Event notices – paragraphs 7.1-7.40 The Licensing Objectives – paragraphs 2.1–2.32 Hearings - paragraphs 9.31 to 9.44 The guidance can be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/705588/Revised_guidance_issued_under_section_182_of_the_Licensing_Act_2003__April_2018_.pdf 6.9 The Licensing Sub-Committee can attach “weight” to any relevant representations, such factors that could influence the “weight” to be placed on a representation could include: Whether the representation can be clearly related to any one of the four licensing objectives; Whether the representation concerns matters over which the applicant is able to exercise control; Whether the representation is based on “hearsay” evidence; Whether the representation is supported by firm evidence; Whether the Responsible Authority making the representation has attended the hearing in person. 6.10 The Sub-Committee must consider the Temporary Event Notice in conjunction with the comments from Environmental Health. The Sub-Committee is asked to hear the applicant and the Environmental Health representation. The notice must be considered on its own merits. It is open to the Sub Committee to decide to: • refuse to issue a counter notice (in effect to permit the temporary event as applied for), giving its reasons for this decision. The Sub-Committee may impose one or more of the conditions stated in the premises licence on the TEN in accordance with section 106A(2) of the Licensing Act 2003 (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives; or • having regard to the objection raised, to issue a Counter to prevent the event going ahead, if it is considered it is appropriate for the promotion of a licensing objective to do so. If this option is selected, the Sub-Committee will again have to give reasons for its decision. 7. Other Possible Outcomes 7.1 At any time before the hearing is held or dispensed with, Environmental Health may, with the agreement of the premises user and the Police, modify the Temporary Event Notice by making changes to it, acknowledged by the Council. If this happens, the objection notice will then be regarded as withdrawn and the effect will be that a modified Temporary Event Notice will then be effective 7.2 The Sub Committee has been convened and report prepared so that the matter may be considered within the timescale laid down in the legislation, if required. It may be that the premises user and Environmental Health will resolve the issues raised before the meeting. In such a situation, the meeting would be cancelled as there will be no issue for consideration. 8. The Role of the Licensing Sub-Committee
8.1 Members should note that the Licensing Sub-Committee is meeting on this occasion solely to perform the role of licensing authority. The Sub-Committee sits in quasi-judicial capacity, and must act impartially. It must offer a fair and unbiased hearing of the application. In this case, Members should disregard the Council’s broader policy objectives and role as statutory authority in other contexts. Members must direct themselves to making a determination solely based upon licensing law, Guidance and the Council’s Statement of Licensing Policy. 8.3 As a quasi-judicial body the Licensing Sub-Committee is required to consider the application on its merits. The Sub-Committee must take into account only relevant factors, and ignore irrelevant factors. The decision must be based on material evidence,which tends logically to show the existence or non-existence of relevant facts, the occurrence of which would be relevant. 8.3 The Licensing Sub-Committee must give fair consideration to the contentions of all persons entitled to make representations to them.

9. Relationship to the Corporate Strategy and Service Plan
9.1 Not applicable

10. Implications of decision
10.1 Resource (Finance, procurement, staffing, IT) Members should be aware that Environmental and Regulatory Services does not have a direct budget provision for costs, should the applicant be successful in appealing to the Magistrates Court against a decision of the Council.
10.2 Risk management Not applicable
10.3 Legal An appeal against the determination of this application may be made to the Magistrates Court .

10.4	Equality, diversity and inclusion

Decision makers must consider the Council’s duties under the Public Sector Equality Duty at s149 of the Equality Act 2010. The duty requires the Council,

when exercising its functions, to have ‘due regard’ to the need to eliminate

discrimination, harassment and victimisation and other conduct prohibited

under the act, and to advance equality of opportunity and foster good relations

between those who share a ‘protected characteristic’ and those who do not

share that protected characteristic. There are no specific equality implications

arising from this report. However, any activities arising from this report will

need to be the subject of separate ‘due regard’ assessments.

The Sub-Committee has a duty under section 17 of the Crime and Disorder Act 1998 when making its decision to do all it can to prevent crime and disorder in the Waverley area.

10.5	Climate emergency declaration

There are no relevant matters to consider.

11.	Consultation and engagement

11.1	Temporary Event submitted to the Police and Environmental Health in accordance with the Licensing Act 2003

12.	Other options considered

12.1	Not applicable

13.	Governance journey

13.1	Not applicable

Annexes:

Annexe 1 – An extract of the relevant pages from theTemporary Event Notice

Annexe 2 – A copy of the Premises Licence

Annexe 3 – A plan showing the area of the premises and surrounding properties

Annexe 4 – Copy of the representation from Environmental Health

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Background Papers

Background papers, as defined by Section 100D(5) of the Local Government Act 1972) are

The Licensing Act 2003

Guidance under 182 Licensing Act 2003

Waverley’s Statement of Licensing Policy

.

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CONTACT OFFICER:

Name: Paul Hughes

Position: Licensing & Environmental Enforcement Manager

Telephone:	0148 3523189

Email: paul.hughes@waverley.gov.uk

Agreed and signed off by:

Legal Services: date

Head of Finance: date

Strategic Director: date

Portfolio Holder: date