PAPER B
Purpose
: For Decision
Committee: LICENSING SUB COMMITTEE
Date: 1
SEPTEMBER 2005
Title: APPLICATION FOR A CONVERSION AND VARIATION OF
A PREMISES LICENCE FOR THE ROYAL CORINTHIAN YACHT CLUB LTD
REPORT OF THE HEAD OF
CONSUMER PROTECTION
1.
DETAILS
OF THE APPLICATION
|
Applicant |
Royal
Corinthian Yacht Club Ltd |
|
Premises |
Royal
Corinthian Yacht Club The
Parade Cowes Isle
of Wight PO31
7QU |
|
Conversion &
Variation Application |
This application is for a
conversion of the Premises Licence during the transitional period under
Schedule 8 paragraph 2(2) of the Licensing Act 2003 and for a variation of
the Premises Licence during the transitional period under Schedule 8
paragraph 7(1) (b) of the Licensing Act 2003.(Appendix 1)- |
The Operating Schedule
shows:
|
Designated Premises Supervisor |
Mr Rodney John Whitewood |
|
|
Provision of Regulated Entertainment |
Hours of Licensable Activities |
|
|
|
|
|
(a) |
Plays |
N/A |
|
(b) |
Films |
N/A |
|
(c) |
Indoor Sporting Events |
N/A |
|
(d) |
Boxing or Wrestling |
N/A |
|
(e) |
Live Music |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May
& 30 September each year 10:00 – 03:00 hours each day |
|
(f) |
Recorded music |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
(g) |
Performances of Dance |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
(h) |
Anything similar to (e) (f)
(g) above |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
|
|
|
|
|
Provision of Entertainment Facilities |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
|
|
|
|
(i) |
making music |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
(j) |
dancing |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
(k) |
entertainment similar to
(i) & (j) above |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New
Years Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
|
|
|
|
|
Late Night Refreshment |
Friday & Saturday 23:00
– 02:00 hours New Years Eve into New
Years Day 23:00 – 02:00 hours Between 1 May & 30
September each year 23:00 – 03:00 hours each day |
|
|
|
|
|
|
Supply of Alcohol |
Friday & Saturday 10:00
– 02:00 hours New Years Eve into New Years
Day 10:00 – 02:00 hours Between 1 May & 30
September each year 10:00 – 03:00 hours each day |
|
|
|
|
|
|
Other Times Premises Proposed To Be Open To The
Public |
Friday & Saturday 10:00
– 02:30 hours New Years Eve into New
Years Day 10:00 – 02:30 hours Between 1 May & 30
September each year 10:00 – 03:30 hours each day |
Steps to promote the
licensing objectives
|
The Prevention of Crime & Disorder |
|
The applicant states that
the Royal Corinthian Yacht Club has an experienced Club Steward who has been
employed at the premises for the last twelve years. In this time the Steward can recall only one instance of crime
& disorder where police attendance was necessary. The premises are not open to the public
and it is not considered that the premises are a potential source of crime
and disorder. |
|
|
|
Public Safety |
|
The applicant states that a
Health and Safety Policy and a written risk assessment are in place and are
reviewed annually. The premises are
also inspected annually to assess its physical state with a view to identification
and implementation of maintenance works and improvements. At this time the applicant states that no
works are considered necessary. The
area between the Club buildings and The Parade is lit. |
|
|
|
The Prevention of Public Nuisance |
|
The applicant states that
no entertainment will be provided outside the main Club buildings after 2300,
nor will any food be served outside the Club buildings after this time. The applicant states that the premises are
not open to the public and are not seeking “passing trade” therefore no “mass
exodus” will take place at the end of permitted hours. The applicant does not expect this
situation to change under the new licence. |
|
|
|
The Protection of Children From Harm |
|
The applicant states that
no adult entertainment/services or activities are envisaged at the
premises. The needs of children are
not part of the Club’s core business and the applicant does not consider that
any further measures are necessary to protect children from harm. |
2. LOCATION AND SITE CHARACTERISTICS
|
The Royal Corinthian Yacht
Club is situated on The Parade in Cowes, it is a detached building consisting
of three floors. The ground floor has
a restaurant, bar, member’s lounge, toilets, kitchen, office and cellar. The first and second floors have bedrooms,
bathrooms and offices. The premises
also have a reasonable size garden.
Residential properties can be found to the rear and to either side of
the premises. (Appendix 2) |
3. RELEVANT REPRESENTATIONS
|
Responsible Authorities |
|
|
|
|
|
Police |
No outstanding representations |
|
|
|
|
Environmental Health Officer (Appendix 3) Mr Gareth Davies Principal Environmental Health Practitioner Jubilee Stores The Quay Newport Isle of Wight PO30 2EH |
Recommendation: that prior to any public entertainment taking place
after 23:00 hours, either a)
a noise limiter shall
be installed or b)
a sound integrity
report from a qualified acoustician be carried out and the recommendations
acted upon. Recommendation: that no entertainment shall take place inside the
premises after 23:00 hours until all external doors and windows are fully
closed. Recommendation: that prominent, clear and legible notices shall be
displayed at all exits requesting customers to respect the needs of local
residents by leaving the premises and the area quietly. Recommendation: that an internal communications procedure be set up
to receive and respond to public nuisance complaints. Recommendation: that no food other than that of a low odour/low
grease content shall be prepared or served without an approved kitchen air
extraction system being in place, unless otherwise agreed in writing by the
Licensing Authority. |
|
|
|
|
Fire Safety Officer |
No outstanding representations |
|
|
|
|
Planning Officer |
No outstanding representations |
|
|
|
|
Trading Standards Officer |
No outstanding representations |
|
|
|
|
Health & Safety |
No outstanding representations |
|
|
|
|
Children’s Services |
No outstanding representations |
|
|
|
|
Interested Parties |
No outstanding representations |
4. LOCAL POLICY CONSIDERATIONS
It is considered that the following policies from the Council’s
Licensing Authority’s Statement of Licensing Policy, 2004 to 2007 have a
bearing upon the application.
Members’
attention in respect of this particular application is drawn to:
|
Clause 1 |
Licensing Objectives |
All |
|
Clause 2 |
Introduction |
2.1 |
|
Clause 3 |
Integration of Strategies and Other Legislation |
3.1, 3.2, 3.4, 3.11 |
|
Clause 4 |
Approach to Licensing Applications |
All |
|
Clause 5 |
Cumulative Effect |
N/A |
|
Clause 6 |
Representation, Reviews and Appeals |
6.6 – 6.8 |
|
Clause 7 |
Enforcement |
N/A |
|
Clause 8 |
Operating Schedules |
8.1, 8.2, 8.13 – 8.19, 8.22 |
5. NATIONAL GUIDANCE
National guidance regarding control of areas outside the premises is as
follows:
3.11
The conditions attached
to various authorisations will be focused on matters which are within the
control of individual licensees and others in possession of relevant
authorisations. Accordingly, these
matters will centre on the premises being used for licensable activities and
the vicinity of those premises. Whether
or not incidents can be regarded
3.12
as being “in the
vicinity” of licensed premises is a question of fact and will depend on the
particular circumstances of the case.
In
addressing this matter, the licensing authority will primarily focus on the
direct impact of the activities taking place at the licensed premises on
members of public living, working or engaged in normal activity in the area
concerned.
Licensing
law is not the primary mechanism for the general control of nuisance and
antisocial behaviour by individuals once they are away from the licensed
premises and, therefore, beyond the direct control of the individual, club or
business holding the licence, certificate or authorisation concerned. Nonetheless, it is a key aspect of such control
and licensing law will always be part of a holistic approach to the management
of the evening and night-time economy in town and city centres.
National guidance regarding licensing hours is as
follows:
3.29 With
regard to licensing hours consideration, which will be given to the individual
merits of an application. The
Government strongly recommends that Licensing Authorities should recognise that
longer licensing hours with regard to the sale of alcohol are important to
ensure that the concentrations of customers leaving premises simultaneously are
avoided. This is necessary to reduce
the friction at late night fast food outlets, taxi ranks and other sources of
transport, which lead to disorder and disturbance. The Government also wants to ensure that licensing hours should
not inhibit the development of thriving and safe evening and night-time local
economies which are important for investment and employment locally and
attractive to domestic and international tourists without compromising the
ability to resource local services associated with the night-time economy. Providing consumers with greater choice and
flexibility is an important consideration.
National guidance regarding non-duplication of other
regimes is as follows:
3.51 Planning,
building control and licensing regimes will be properly separated, to avoid
duplication and inefficiency.
Applications for premises licences for permanent commercial premises
should normally be from businesses with planning consent for the property
concerned. Licensing applications should not be a re-run of the planning
application and should not cut across decisions taken by the local authority
planning committee or following appeals against decisions taken by that
committee. Similarly, the granting by
the licensing sub committee of any variation of a licence which involves a
material alteration to a building would not relieve the applicant of the need
to apply for planning permission or building control where appropriate.
3.53
There should be a firm
commitment to avoid duplication with other regulatory regimes so far as
possible. Conditions in respect of public safety should only be attached to
premises licences and club premises certificates that are “necessary” for the
promotion of that licensing objective and if already provided for in other legislations,
they cannot be considered necessary in the context of licensing law. Such regulations will not however always
cover the unique circumstances that arise in connection with licensable
activities, particularly regulated entertainment, at specific premises and
tailored conditions may be necessary.
6. IMPLICATIONS UNDER THE HUMAN RIGHTS ACT 1998
Members are advised that this application must be considered against
the background of the implications of the Human Rights Act 1998.
There
are three convention rights, which need to be considered in this context:
(a)
Article 6 Right to a
Fair Trial –
In
the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law.
It
has been held that the fact that there is a right of appeal to the Magistrates’
Court from any decision of the Licensing Authority is sufficient to make the
Council’s licensing system compliant with the convention rights.
(b)
Article 8 Right to
Respect for Private and Family Life –
Everyone
has the right to respect for his private and family life, his home and his
correspondence. In the case of article
8 there shall be no interference by a public authority with the exercise of
this right except as such in accordance with the law and is necessary on a
democratic society in the interests of national security, public safety or the
economic wellbeing of the country, for the prevention of disorder and crime,
for the protection of health or morals or for the protection of the rights and
freedoms of others.
(c)
Article 1 of the First
Protocol Protection of Property –
Every
natural or legal person is entitled to the peaceful enjoyment of his possessions.
In the case of Article 1 of the first protocol it states that “no one shall be
deprived of his possessions except in the public interest and subject to the
conditions provided for by law and the general principles of international law. The preceding provisions (of which articles
6 and 8 are but two) shall not however in any way impair the right of the state
to enforce such laws as it deems necessary to control the use of the property
in accordance with general interest or to secure the payment of taxes or other
contributions or penalties”.
A
licence is viewed as a possession thus making Article 1 relevant in this case.
The Licensing Authority acknowledges the right of business in its area
to operate, but equally acknowledges the fact that this must be balanced
against the rights of residents not to be disturbed by unreasonable noise and
nuisance caused by licensed premises.
The Licensing Authority needs to be clear as to the rights granted and
the need to ensure that the reasons given for any interference are
proportionate and in accordance with the Council’s legitimate aim.
ARTICLE 6 is
particularly relevant in this case as it has been held that the fact there is a
right of appeal to the magistrates’ court from any decision of the Licensing
Sub Committee is sufficient to make the Council’s licensing system compliant
with the convention rights.
ARTICLE 8 is
particularly relevant in this case because in considering whether to grant the
variation to the Premises Licence, the Licensing Sub Committee will have to
balance the rights of residents against the applicant’s right to run their
business.
ARTICLE 1 is
particularly relevant in this case because a licence is viewed as a possession.
7.
OBSERVATIONS
The Licensing Sub Committee is obliged to determine this application
with a view to promoting the licensing objectives, which are:
·
The prevention of crime
and disorder
·
Public safety
·
The prevention of public
nuisance
·
The protection of
children from harm
In making its decision, the Licensing Sub Committee is also obliged to
have regard to national guidance and the Council’s own Licensing Policy.
Of
course, the Licensing Sub Committee must also have regard to all of the
representations made and the evidence it hears.
The
Licensing Sub Committee must take such of the following steps as it considers
necessary for the promotion of the licensing objectives:
i.
Grant the application as
asked.
ii.
Modify the conditions of
the licence by altering or omitting or adding to them.
iii.
Reject the whole or part
of the application.
The
Licensing Sub Committee is asked to note that it may not modify the conditions
or reject the whole or part of the application merely because it
considers
it desirable to do so. It must actually
be necessary in order to promote the licensing objectives.
As
to the objections raised:
Demand: This is clearly not a matter for a Licensing Authority
as advised by paragraph 3.12 of national guidance.
Character/property
values: These are matters for planning. They do not raise issues relevant to the licensing objectives.
The Prevention of Crime & Disorder
|
No
issues have been raised in connection with this objective |
Prevention of Public Nuisance
|
The
Principal Environmental Health Practitioner has raised concerns that ambient
noise levels are lower after 23:00 hours and that there are residential
properties within 30 metres of the premises which may experience noise
disturbance late at night. Complaints
have been received in the recent past from the next door neighbour. |
Public Safety
|
No
issues have been raised in connection with this objective |
Protection of Children from Harm
|
No
issues have been raised in connection with this objective |
The
Head of Consumer Protection’s opinion is that all matters can be dealt with by
conditions and do not amount to sufficient grounds to refuse the variation
outright.
Nonetheless
it is a matter for the Licensing Sub Committee to determine in the light of the
above matters and any other matters it considers material.
8. APPENDICES ATTACHED
|
1 |
Application
form |
|
2 |
Plan
of the premises |
|
3 |
Representation
made by Environmental Health |
|
4 |
Copy
of existing Justices ‘On’ Licence |
|
5 |
Copy
of existing Supper Hour Certificate |
9. ADDITIONAL INFORMATION
|
The Royal Corinthian Yacht
Club currently holds a Justices ‘On’ Licence (Appendix 4) and a Supper Hours
Certificate (Appendix 5) which permits the sale of alcohol to take place for
a further one hour after current permitted hours i.e. until midnight Monday –
Saturday and until 23:30 hours on Sunday, provided that hot food is
available. The Supper Hours
Certificate also extends the current twenty minute ‘drinking up’ period to
thirty minutes. |
Contact Point:
|
Andrea Colebrook |
Ext 5154 |
ROB
OWEN
Head of
Consumer Protection
