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Provision of Regulated Entertainment
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Hours of Licensable Activities
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(a)
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Plays
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Not required
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(b)
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Films
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All days 09.00 hrs to 22.00 hrs.
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(c)
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Indoor Sporting Events
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Not required
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(d)
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Boxing or Wrestling
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Not required
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(e)
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Live Music
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All days.
Indoors: 11.00 hrs to 00.01 hrs
Outdoors (including in any temporary structure):
11.00 hrs to 20.00 hrs or sunset which ever is the later
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(f)
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Recorded music
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All days
Indoors: 11.00 hrs to 00.01 hrs
Outdoors (including in any temporary structure):
11.00 hrs to 20.00 hrs or sunset which ever is the later
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(g)
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Performances of Dance
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All days
Indoors: 11.00 hrs to 00.01 hrs
Outdoors (including in any temporary structure):
11.00 hrs to 20.00 hrs or sunset which ever is the later
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(h)
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Anything similar to (e) (f) (g) above
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All days
Indoors: 11.00 hrs to 00.01 hrs
Outdoors (including in any temporary structure):
11.00 hrs to 20.00 hrs or sunset which ever is the later
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Provision of Entertainment Facilities
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(i)
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making music
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All days
Indoors: 11.00 hrs to 00.01 hrs
Outdoors (including in any temporary structure):
11.00 hrs to 20.00 hrs or sunset which ever is the later
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(j)
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dancing
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All days
Indoors only: 11.00 hrs to 00.01 hrs
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(k)
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entertainment similar to (i) & (j) above
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All days
Indoors: 11.00 hrs to 00.01 hrs
Outdoors (including in any temporary structure):
11.00 hrs to 20.00 hrs or sunset which ever is the later
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Late Night Refreshment
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Not required
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Supply of Alcohol
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All days
11.00 hrs to 01.00 hrs
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Other Times Premises Proposed To Be Open To The
Public
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All days 09.00 hrs to 01.30 hrs
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Steps to promote the licensing objectives
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General
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Following an assessment of the premises and its
surrounding area the following is proposed:
30 minute drinking up time, together with regulated
entertainment ceasing at midnight to allow for a gradual dispersal of
patrons, the use of lavatories etc.
The sale of alcohol shall be to persons attending a
prearranged function only.
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The Prevention of Crime & Disorder
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Notices are to be displayed at exits, and in the
car park requesting Patrons to leave the premises, and area quietly.
Photo identification is sought from all persons
whose age is in question for all age related products.
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Public Safety
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The premises are equipped with emergency lighting,
illuminated exit signs and a fire detection system throughout the premises,
with regular maintenance by specialist contractors. Regular tests of the fire
alarm are made.
The premises are regularly checked for hazards, and
risk assessments are regularly carried out and actioned where appropriate.
All electrical equipment is subject to annual
inspection and testing.
First Aid equipment is available on the premises.
HACCP policy is in place.
The premises has a no smoking policy within the
premises or inside any temporary structures (eg Marquees).
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The Prevention of Public Nuisance
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A noise limiter has been installed inside the main
building and set by Local Authority Staff.
All external doors and windows are closed by 23.00
hours.
Any regulated entertainment outdoors (but including
in any temporary structures) shall cease by 20.00 hours, or sunset which ever
is the later. Any such entertainment shall be of an ancillary nature.
The perimeter of the property is regularly
patrolled by a member of staff to monitor noise levels.
Pyrotechnics and fireworks are under the direct
control of a trained and competent person, with individual risk assessments
for each event. The number of such displays are limited to 12 per year.
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The Protection of Children From Harm
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No person under the age of 16years are
permitted in the Bar area.
All children under the age of 16 years must be
accompanied by an adult.
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2.
LOCATION AND SITE CHARACTERISTICS
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The premises were formerly a Manor House, standing
in its own grounds. These grounds now extend to over four acres, triangular
shaped, with residential properties on two sides and a holiday camp on the
third. There is a large lawn area fronting the function room. There are
numerous trees bordering the estate. Some parking is available on site. The
premises have a large entrance hall, with separate Function and Bar rooms.
There is one Guest Bedroom which is used as a Bridal Suite. (Appendix 2)
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3.
RELEVANT REPRESENTATIONS
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Responsible Authorities
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Police
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Environmental Health Section
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Has made representations
requiring the use of a sound limiter for all regulated entertainment inside
the premises, for all external doors and windows to be closed by 23.00 hours,
and an internal communications procedure to be in place.
These representations
have been agreed.
He comments that four
complaints re the noise from the premises were recorded in 2005 although none
appeared to have been justified.
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Fire Safety Officer
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No outstanding representations
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Planning Officer
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No outstanding representations
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Trading Standards Officer
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No outstanding representations
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Health & Safety
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No outstanding representations
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Children’s Services
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No outstanding representations
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Interested Parties
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Objectors (Appendix
5)
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Mr & Mrs B Keen
26 Donnington Drive,
Shanklin, IW
Mr & Mrs J Purchase
34 Landguard Manor Road,
Shanklin, IW
Ms S Saunders
Sussex Cottage,
3 Sandy Lane,
Shanklin IW
Mr & Mrs R Berryman
1 Sandy Lane,
Shanklin IW
Mrs C Maddison
Manorling,
17 Sandy Lane,
Shanklin, IW
Mr A Sargeant
27 Donnington Drive,
Shanklin IW
Mrs P Weber
30 Landguard Manor Road,
Shanklin IW
Mr A Gorbutt
The Hollies
1 Hollybrooke Close,
Shanklin IW
Mrs J Watson
4 Hollybrooke Close,
Shanklin IW
Mrs S Wicks
Old Orchard,
15 Sandy Lane,
Shanklin, IW
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Express concern over the numbers of persons
attending the premises, and provision of adequate parking at the site.
Concerns over problems with noise,
late night fireworks and late night revellers which required Local Authority
intervention in the past.
Highlights problems with noise in the
past, but accepts no problems in the last year. Reservations over noise from
outside events.
Concern over the premises being in a
residential area
Highlights historical complaints
about noise and planning issues.
Highlights noise complaints and
impact on wildlife.
Objects to a 24 hours licence and
feels 23.00 should be the limit for all activities. Complains of drunken
persons, litter and noise from the premises. Also traffic problems
Requests the licence to be restricted
to 13.00 to 23.00 hours. Raises previous complaints of noise. Highlights
premises are in a residential area.
Concern over historical noise
problems, and drunkenness
Concern over noise and responsible management.
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Supporter
(Appendix 6)
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Mr C Powell
2 Hollybrooke Close,
Shanklin, IW
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Letter of support for any application at the premises.
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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:
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Clause 1
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Licensing Objectives
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All
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Clause 2
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Introduction
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2.1
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Clause 3
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Integration of Strategies and Other Legislation
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3.1, 3.2, 3.4, 3.11,
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Clause 4
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Approach to Licensing Applications
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All
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Clause 5
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Cumulative Effect
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N/A
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Clause 6
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Representation, Reviews and Appeals
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6.1, 6.6, 6.7, 6.8
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Clause 7
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Enforcement
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N/A
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Clause 8
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Operating Schedules
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8.1, 8.2, 8.13 – 8.20, 8.22
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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 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
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 particular relevant in
this case because in considering whether to grant a Premises Licence the
Licensing Sub Committee will have to balance the rights of residents against
the applicant’s right to run their business.
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
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Objectors have raised concerns over the
potential for drunken and antisocial behaviour. Enquiries with the police
licensing unit at Cowes failed to identify any Crime & Disorder issues
directly linked to the premises in the last two years.
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Prevention of Public Nuisance
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Local residents are concerned about
noise from entertainment constituting a nuisance, and general disturbance
from guests, particularly late at night. Some are particularly concerned
about the potential disturbance from events held outdoors.
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Public Safety
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Some local residents
have expressed concern about the amount traffic generated by the premises and
fact that the driveway backs onto a number of residential properties.
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Protection of Children From Harm
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No representations have been
made.
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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 grant 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
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1
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Application form with attachments
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2
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Plan
of premises
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3
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Representations form Environmental Health
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4
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Map of
location with position of residents who have made comment.
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5
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Letters of Objection
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6
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Letter of Support
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9. ADDITIONAL
INFORMATION
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The premises held a justices’ full on licence
allowing the sale of alcohol during normal permitted hours. Extensions to
these hours, were frequently granted by local magistrates.
The hours sought are from 11.00 hours to 01.00 on
all days. Together with provision for regulated entertainment until midnight.
The premises are primarily an ‘event’ venue and are
not generally open to the public, providing a quality venue for corporate
events, wedding and other similar events.
Application for conversion and variation was
originally made within the transitional period, however due to a procedural
error by the applicants, the application was found to be invalid, hence
today’s application, which has been modified from that originally sought in
the light of comments made at that time.
In summary, the applicants are seeking to licence
the premises for the sale of alcohol between 11.00 and 01.00 hours, together
with regulated entertainment until midnight, on every day of the week,
although they do not expect to open on every day, being a function venue.
The following conditions have been agreed with the
applicants;
1.No regulated entertainment after 23.00 hours
hereby authorised by this licence shall be permitted unless:
Prior to any regulated entertainment
taking place an electronic sound limiter shall be installed in the premises
to control the level of noise breakout. The details of the device to be
installed in the premises shall be submitted to the Licensing Section for
approval. Once approved the limiter shall be installed and set up by a
competent person. It shall be set at a level agreed with the Licensing
Authority. The sound limiter level once set shall not be adjusted without
prior approval of the Licensing Section and no entertainment shall take place
on the premises unless the limiter is used to control the level of
sound. The orientation of the speakers shall not be altered once agreed
without authorisation from the Licensing Section. On completion of the
installation a report shall be issued to the Licensing Section certifying the
agreed devices set levels and its tamper proof integrity. The limiter
shall then, thereafter, be maintained by a competent person every twelve
months. The results of this maintenance shall include a test of its
normal operation and certification of the devices tamper proof integrity
shall be recorded and forwarded to the Licensing Section on application for
renewal of the public entertainment licence. In the event of a
malfunction affecting noise output appropriate action shall be taken to
ameliorate the effect and the Licensing Section shall be notified
immediately.
2. No regulated entertainment shall take place
after 23.00 indoors until all doors and windows are closed.
3. A
nominated representative of the Licence Holder who shall be available on the
premises shall receive and respond to complaints throughout the duration of
noisy events. All complaints received shall be recorded with time, date
and complainant’s name and address (where known) and details of action taken.
4. Prominent,
clear and legible notices shall be displayed at all exits requesting the
public respect the needs of local residents and to leave the premises and the
area quietly.
5. Regulated entertainment outdoors (and
including such entertainment in any temporary structure) shall be of an
ancillary nature. It shall cease at 20.00 hours (or sunset, which ever is the
later).
6. There shall be no dancing outdoors (including in any
temporary structure) performance of dance shall be permitted for display
purposes.
7. The sale of alcohol shall be confined
to persons attending a prearranged function or event only.
8. Photo identification will be required
from all persons where age is in doubt for all age related products.
9. Pyrotechnics and/or fireworks shall be
under the direct control of a trained and competent person. Before their use,
the competent person shall provide a separate written risk assessment for
each occasion or use. These assessments shall be retained on the premises for
a period of not less than twelve months and available for inspection upon
request by Local Authority Licensing Officer. The number of such displays shall
be limited to 10 per year (1st January to 31st
December).
10. Children under the age of 16 years must be accompanied by an
adult. No person under 16 years shall be permitted in the Bar area.
11. Where any event, to be held on the premises, is likely to
generate more vehicles than can accommodated within the grounds of the
premises, an appropriate traffic management plan will be prepared, in
consultation with the local Police. When appropriate a Park & Ride scheme
shall be provided by the premises.
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Contact
Point:
ROB OWEN
Head of Consumer Protection
