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

 

          

 

 


































 

Appendix 5

 
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