LICENSING COMMITTEE

Report Title Hare and Billet Licence No. PL0487

Key Decision Item No. 3

Ward

Contributors Customer Services – Licensing Head of Law Class Part 1 Date: 11 July 2012

Proposal : Variation Premises Licence

Legislation : 2003

Premises : Hare & Billet 1a Elliot Cottages SE3 0QJ

Part of Premises Ground Floor

Applicants : Greene King Brewing and Retailing Ltd

The application was made in accordance with section 34 of the Licensing Act 2003

PLEASE NOTE THAT THESE PREMISES ARE LOCATED WITHIN THE CUMULATIVE IMPACT ZONE AS DESIGNATED IN THE REVISED STATEMENT OF LICENSING POLICY

1. Application content

The application is for a variation to a Premises Licence.

There is no change in hours and the application is a variation to the plans relocating the kitchen and toilets to the first floor (not part of the licensed area). To carry out internal alterations to the ground floor and remove an external door, minor alterations to fire exit and main entrance.

This variation increases the size of the drinking area.

No additional conditions have been identified in the operating schedule.

2. The responsible authorities were notified of the application in accordance with Regulations and no representations were received.

Licensing Officer Lewisham Police Station 43 Lewisham High Street SE13 5JZ No representation received

London Fire and Emergency Planning Authority 249-259 Lewisham High St SE13 6NH No representations received

Environment Enforcement Section Wearside Service Centre Wearside Road SE13 7EZ No representations received

Planning and Development Control 5th Floor Laurence House 1 Catford Rd SE6 4RU No representations received

John Pye Trading Standards 2nd Floor Laurence House 1 Catford Rd SE6 4RU No representations received

Peter Adams Health and Safety Manager 2nd Floor Laurence House 1 Catford Rd SE6 4RU No representation received

Director for Children’s Social Care 1st Floor Laurence House 1 Catford Rd SE6 4RU No representations received

PCT Cantilever House Eltham Rd SE12 8RN No representations received

3. The application was advertised in accordance with the regulations (premises notice and The South London Press (dated 25 th May 2012) The closing date for the receipt of these representations was 19 th June 2012.

Interested parties have made representations regarding public nuisance.

All letters and relevant documentation are contained in background papers

4. Legal and Human Rights implications

Licensing Authorities, as defined by the Licensing Act 2003, section 3(1) are public authorities for the purposes of the . Accordingly, they are under a duty to act compatibly with Convention rights in the exercise of their functions.

Article 6(1) of the Convention provides that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial hearing established by law.

The right to apply for a licence falls within the scope of civil rights and obligations in Article 6(1) because it relates to the applicants’ right to make a living and pursue commercial activity. Therefore, an applicant for such a licence has the right to have the application determined fairly in accordance with the guarantees contained within Article 6(1). Thus, a licence is considered to be a possession for the purposes of the Human Rights Act 1998.

However, the right to hold such a licence is not absolute. It is a ‘qualified right’. So, where the grant of a licence may affect the interests of local residents or others, in a significant way, then article 6(1) will be engaged. Thus the right to hold a licence may lawfully be interfered with where, for instance, it is in the interests of wider society to do so.

Objectors’ rights under article 6(1) will not automatically be triggered merely because they wish to object. The question of whether they have a sufficient interest to engage article 6(1) is ultimately a question of fact.

The grant or refusal of a licence may also raise issues under article 8, right to private and family life, article 10, freedom of expression, or article 1 of Protocol 1, right to peaceful enjoyment of possession. The rights guaranteed by articles 8-11 of the Convention, are not absolute rights. In the same way as the right to a licence is a qualified right, so too are these other rights referred to above.

Qualified rights may therefore be interfered with, provided the interference is Justified according to the conditions set out within each article. So, such interference must be legal, necessary in a democratic society and there must be a reasonable relationship of ‘proportionality between the means employed and the aim pursued’. The principle of proportionality involves the striking of a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights.

The premises are situated in an area which is subject to a cumulative impact policy. Cumulative impact means the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in an area. This means that applications for premises licences or variations to premises licences which are likely to add to the existing cumulative impact will normally be refused.

Relevant representations are required to be made about the cumulative impact on the licensing objectives for this policy to be considered by the Licensing Committee when determining an application.

Where relevant representations are made if the Applicant is able to demonstrate that the specific application will not add to the cumulative impact on one or more of the licensing objectives the application may be granted. The style and characteristics of the premises will need to be considered when assessing whether the application will add to the existing cumulative impact.

5. Equalities implications

The Equality Act 2010 (the Act) brings together all previous equality legislation in England, Scotland and Wales. The Act includes a new public sector equality duty (the equality duty or duties) replacing separate duties relating to race, disability or gender equality. The duty covers the following nine protected characteristics: age disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.

In summary the Council must in the exercise of its functions, have due regard to the need to:

-eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act -advance equality of opportunity between people who share a protected characteristic and those who do not -foster good relations between those who share a protected characteristic and those who do not

As with the case with the original separate duties, the new duty continues to be a “have regard duty”, and the weight to attach to it is a matter for committee, bearing in mind issues of relevance and proportionality. It is not an absolute requirement to eliminate discrimination, advance equality of opportunity or foster good relations.

6. The Licensing Objectives

The Licensing Act 2003 creates four Licensing Objectives, namely Public Nuisance, Protection of Children from Harm, Crime and Disorder and Public Safety.

7. This Application

This application is for a variation of a Premises Licence made pursuant to section 34 of the 2003 Act. The Licensing Authority will determine this application in accordance with the provisions of section 35 and 36 of the said Act.

Relevant Representations have been received from Interested parties concerning the Licensing Objectives of Protection of children from Harm, and Public Nuisance.

8. Determination of Applications for Variations of Premises Licences (general approach).

After having regard to all the representations heard, Members must take such steps as they consider necessary for the promotion of the four Licensing Objectives. The Licensing Committee may;

1) Modify the conditions of the licence

2) Reject the whole or part of the application

(There are also mandatory conditions which would apply dependent upon the Facts, pursuant to sections 19,20 and 21 of the Act)

When determining the application with a view to promoting the licensing objectives, Members must give appropriate weight to the representations received by all the parties, the Guidance issued under section 182 of the Licensing Act 2003, the London Borough of Lewisham Licensing Policy and the steps necessary to promote the Licensing Objectives.

Background Papers

Short Title of Date Appendix

Document Applicant Application dated 17/05/12

Interested Parties Various

All representations have been examined by Officers and are considered not to be vexatious or frivolous and representations made by interested parties are considered to be residing / trading in the vicinity of the applicants premises. These representations were all received within the specified time.

Should you require any further information on this report please contact Cheryl Collins at Licensing Services on 020 8314 6400