1. DETAILS OF THE APPLICATION

Applicant

Martin Joseph Kingsbury

Premises

The Star Inn

40 High street

Ryde

Isle of Wight PO32 2HT

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

David Burton

The Star Inn

40 High street

Ryde

Isle of Wight PO32 2HT

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Sunday to Thursday 07:00 hours until 00:30 hours Friday & Saturday 07:00 hours until 01:30 hours
(c)	Indoor Sporting Events	Sunday to Thursday 07:00 hours until 00:30 hours Friday & Saturday 07:00 hours until 01:30 hours
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	Monday to Sunday 07:00 hours until Midnight
(f)	Recorded music	Monday to Thursday 07:00 hours until 00:30 hours Friday & Saturday 07:00 hours until 01:30 hours Sunday 10:00 hours until 00:30 hours
(g)	Performances of Dance	Not Applicable
(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 07:00 hours until Midnight
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Not Applicable
(k)	entertainment similar to (i) & (j) above	Not Applicable
	Late Night Refreshment	Sunday to Thursday 23:00 hours until 00:30 hours Friday & Saturday 23:00 hours until 01:30 hours
	Supply of Alcohol	Monday to Thursday 07:00 hours until Midnight Friday to Sunday 07:00 hours until 01:00 hours
	Other Times Premises Proposed To Be Open To The Public	Monday to Thursday 07:00 hours until 00:30 hours Friday to Sunday 07:00 hours until 01:30 hours
	Non Standard Timings Applicable To All Activities	07:00 hours New Years Eve until 01:00 hours on 2 January. 07:00 hours until 01:00 hours Friday, Saturday, Sunday & Monday on bank holiday weekends, Christmas Eve & Boxing Day. Extend Late Night Refreshment by 1 hour on these days. 07:00 hours until 0200 hours on 12 other occasions at the applicant’s discretion

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

Providing a 30 minute drinking period to allow alcohol to be consumed less quickly and to allow access to toilet facilities.
Non-alcoholic beverages to be available during this period.
Not less then 5 working days to be given to Police when ‘events’ days are planned.

Public Safety

No risks identified by applicant

The Prevention of Public Nuisance

Live music will end at 24:00 hours except on New Years Eve and New Years Day.
Recorded music volume music will be reduced during wind down period.
Notice displayed asking customers to leave quietly.

The Protection of Children From Harm

No risks identified by applicant

2. LOCATION AND SITE CHARACTERISTICS

The Star Inn is situated on the junction if the High Street and Star Street in Ryde. The building shares a party wall to one side. The area has a large number of residential properties in the immediate vicinity and also flats situated above non-residential premises. (Appendix 2) The building comprises of a small trade area with the bar situated to the left hand side on entry. The entrance is not lobbied and leads off the High Street into the trade area. To the rear of the premises there is a small outside drinking area. Access is gained through a door which again, is not lobbied. (Appendix 3)

3. RELEVANT REPRESENTATIONS

Responsible Authorities

Police (Appendix 4)

Sgt G. Mudge

Police Station

Birmingham Road

Cowes

Isle of Wight

PO31 7BH

Prevention of Crime & Disorder and the Prevention of Public Nuisance

Due to unspecified hours for the supply of alcohol for 12 unspecified events days. Recommendation:

1) A limit of 12 extensions per year

2) An operating plan to cover the additional measures to be taken to manage crime and disorder

3) Seven days notice to be given to the Police and Licensing Authority of the proposal to use extended hours.

An absolute veto for police in respect of any of the occasions.

Environmental Health Officer

(Appendix 5)

Mr Gareth Davies

Principal Environmental Health Practitioner

Jubilee Stores

The Quay

Newport

Isle of Wight

PO30 2EH

Noise Nuisance:

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: Doors and windows to remain closed during public entertainment.

Recommendation: Internal communication procedure to be in place to receive and respond to noise complaints.

Recommendation: Prominent, clear and legible notices to be displayed at all exits requesting the public to request the needs of local residents and to leave the premises and the area quietly.

Recommendation: Empty bottles & cans shall not be deposited in any bin stored outside after 22:30 hours.

Odorous Food:

Recommendation: Only permit the sale of low odour/low grease category food unless approved extraction system is installed.

Fire Safety Officer

No outstanding representations

Planning Officer

No outstanding representations

Trading Standards Officer (Appendix 6)

Mrs Pauline Paulls

Senior Trading Standards Inspector

Jubilee Stores

The Quay

Newport

Isle of Wight

PO30 2EH

Protection of Children From Harm:

Recommendation:

1) Train all staff on the law, how to question and refuse sales if necessary and keep records of training and reminders given.

2) Give advice to staff about the Age ID cards that are acceptable and encourage staff to “think 21”.

Attend seminar on due diligence in the licensed environment with the police and Council’s licensing department.

Health & Safety

No outstanding representations

Children’s Services

No outstanding representations

Interested Parties (Appendix 7)

Mr & Mrs Cox

34 Newport Street

Ryde

Isle of Wight PO33 2QD

Concerned about the potential noise disturbance from music at the premises and from the premises due to the later hours of opening.

Ms S Orchard

5 Star Street

Ryde

Isle of Wight PO33 2HX

Concerned about the potential noise disturbance from music at the premises.

Mrs D Wale

11 Station Street

Ryde

Isle of Wight

PO33 2QH

Expresses concern that if the proposed application is granted it could cause noise disturbance and drunken behaviour from customers.

Audrey Fletcher

Nunn’s Pet Store

9 Star Street

Ryde

Isle of Wight PO33 2HX

Expresses concern that if the proposed application is granted it could cause noise disturbance.

Mark Cox

Penthouse 5

29 Bedworth House

Bedworth Place

Ryde

PO33 2RE

Concerned about the potential for noise disturbance from live amplified music at the premises.

Mr Donny Wan

31 Station Street

Ryde

Isle of Wight PO33 2QH

Expresses concern that if the proposed application is granted it could cause noise disturbance.

Fleur Gardiner & Arnold Spee

29 Station Street

Ryde

Isle of Wight

PO33 2QH

Concerned about the potential noise disturbance from music at the premises.

Also express concern that if the proposed application is granted it could cause noise disturbance from drinkers walking home at closing.

Mr P Holton

Flat 9 Bedworth House

Bedworth Place

Ryde

Isle of Wight

PO33 2RF

Concerned about the potential noise disturbance from music at the premises.

Also express concern that if the proposed application is granted it could cause noise disturbance from drinkers walking home at closing.

Mrs A Lester

32 Newport Street

Ryde

Isle of Wight PO33 2QD

Concerned about the potential noise disturbance from music at the premises and possible crime and disorder issues from drinkers.

B S Reed

8 Newport Street

Ryde

Isle of Wight PO33 2QB

Concerned about the potential noise disturbance from music at the premises.

S K Shewring

25 Station Street

Ryde

Isle of Wight

PO33 2QH

Concerned about the potential noise disturbance from music at the premises and rowdy behaviour from drinkers at the premises.

Mr Stuart Watson

1 Hansford mews

Newport Street

Ryde

Isle of Wight PO33 2QZ

Concerned about the potential noise disturbance from music at the premises.

Mr D. J. Watson

35 Newport Street

Ryde

Isle of Wight

PO33 2QB

Concerned about the potential noise disturbance from music at the premises.

Mrs J. L. Deas

43 High Street

Ryde

Isle of Wight PO33 2RE

Concerned about the potential noise disturbance from music at the premises and from people leaving the premise.

Pauline Roe

10 Hills Court

Newport Street

Ryde

Isle of Wight PO33 2QU

Concerned about the potential noise disturbance from music at the premises.

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
Clause 3	Integration of Strategies and Other Legislation	3.4 & 3.11
Clause 4	Approach to Licensing Applications	All
Clause 5	Cumulative Effect
Clause 6	Representation, Reviews and Appeals
Clause 7	Enforcement
Clause 8	Operating Schedules	8.1 8.2 8.3 to 8.9 8.13 to 8.20

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.

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”.

Article 8 is relevant in this case, as the Licensing Sub Committee must balance the rights of the applicant to run their business in the way they wish, with the rights of the neighbours not to be unreasonably disturbed.

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.

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

The Police raise concerns that unspecified hours could give rise to crime & disorder issues.

Prevention of Public Nuisance

The Principal Environmental Health Practitioner raises concerns that ambient noise is very lower after 23:00 hours and that there are properties within 30 metres of the applicant’s premise, which may be disturbed by amplified noise late at night.

The Police raise concerns that unspecified hours could give rise to public nuisance issues.

15 Interested parties have expressed concerns over noise nuisance from the premise.

Public Safety

Protection of Children From Harm

The Senior Trading Standards Inspector raises concerns over sales of alcohol to those persons under the age of 18 years.

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	Area Plan
3	Floor Plan of Premises
4	Representations of the Police
5	Representations of the Environmental Health Officer
6	Representations of the Trading Standards Officer
7	Letters of objection from Interested Parties