PAPER B
Purpose : For
Decision
Committee: LICENSING SUB COMMITTEE
Date 14 AUGUST 2006
Title: APPLICATION
FOR A PREMISES LICENCE FOR BRADING
ROMAN VILLA
REPORT OF THE HEAD OF CONSUMER PROTECTION
1. DETAILS OF THE APPLICATION
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Applicant |
Oglander Roman Trust |
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Premises
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Brading Roman Villa Morton Old Road Brading Isle of Wight PO36 0EN |
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New Premises Licence application |
This application is for a Premises
Licence under Section 17 of the Licensing Act 2003 (Appendix 1) |
The Operating Schedule shows
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Designated
Premises Supervisor |
Mr Graham James Perks |
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Provision of Regulated
Entertainment |
Hours of Licensable Activities |
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(a) |
Plays |
All Days 10.00 to 22.00 hrs |
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(b) |
Films |
All Days 10.00 to 22.00 hrs |
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(c) |
Indoor Sporting Events |
N/A |
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(d) |
Boxing or Wrestling |
N/A |
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(e) |
Live Music |
All Days 10.00 to 22.00 hrs |
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(f) |
Recorded music |
All Days 10.00 to 22.00 hrs |
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(g) |
Performances of Dance |
All Days 10.00 to 22.00 hrs |
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(h) |
Anything similar to (e) (f) (g)
above |
All Days 10.00 to 22.00 hrs |
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Provision of Entertainment
Facilities |
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(i) |
making music |
All Days 10.00 to 22.00 hrs |
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(j) |
Dancing |
All Days 10.00 to 22.00 hrs |
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(k) |
entertainment similar to (i) &
(j) above |
N/A |
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(l) |
Late Night Refreshment |
N/A |
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(m) |
Supply of Alcohol |
All Days 10.00 to 22.00 hrs |
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(o) |
Other Times Premises Proposed To Be
Open To The Public |
All Days 09.30 to 22.30 hrs |
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Steps to promote the licensing
objectives
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The Prevention of Crime &
Disorder |
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Police informed 28 days in advance
of any event. |
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Public Safety |
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Comprehensive risk assessments
regularly undertaken. |
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Where
appropriate additional marshals to be in place for car parks and other
visitor areas. |
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Full fire safety precautions in
place. |
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The Prevention of Public Nuisance |
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A person to
be nominated at all events to monitor all aspects of event safety, and
especially noise levels. |
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The Protection of Children From
Harm |
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Challenge 21 system to be in place
to prevent under age sales. |
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Lost/distressed
child police in place at all events, including CRB checks on any person
working in this area. |
2. LOCATION AND SITE CHARACTERISTICS.
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Brading Roman
Villa is an exhibition and visitor centre, situated off Morton Old Road,
Brading. It is a Scheduled Monument,
and owned by the Oglander Trust. Its
primary purpose is a educational and visitor centre. |
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The site is
large with ample car parking available. |
3. RELEVANT REPRESENTATIONS
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Responsible Authorities |
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Police |
Representations have been agree
with the Police limiting the number of events per year to a maximum of 12 |
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Environmental Health Officer |
No representations |
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Fire Safety Officer |
No representations |
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Planning Officer |
No representations |
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Trading Standards Officer |
No representations |
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Health & Safety |
No representations |
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Children’s Services |
No representations |
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Interested Parties |
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Mrs E Heslop |
Concerns of loss of peace and
tranquillity, extra traffic, danger to pedestrians, and planning issues. |
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Ms J. Andrews |
Brading already has 4 Public Houses
and shops selling alcohol, concerns about additional traffic. |
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J. E. Honour |
Feels the Centre is being turned
into a ‘Theme Park’ and has concerns about future intentions of the Trust.
Traffic concerns |
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Mr & Mrs M Glennie |
Application will increase the
already high level of traffic, and subject local residents to high levels of
noise. Will increase Drink driving |
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Mr & Mrs J. George |
Location is an area of outstanding
beauty and not suitable as an entertainment venue. Would increase the
existing traffic issues |
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Miss P. Damp |
Highlights traffic concerns,
especially with coaches, feels the location is not suitable for entertainment |
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Mr & Mrs A Crooke |
Concerns over traffic using the
road 365 days a year, and for noise |
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D. Bashford |
No objection to the application as
published, but worried about the use of pyrotechnics and disturbance to
wildlife |
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 |
Licensing Objectives |
All |
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Clause 2 |
Introduction |
All |
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Clause 3 |
Integration of Strategies and Other
Legislation |
3.1; 3.2; & 3.11 |
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Clause 4 |
Approach to Licensing Applications |
All |
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Clause 5 |
Cumulative Effect |
5.1; 5.2 |
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Clause 6 |
Representation, Reviews and Appeals |
6.1 |
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Clause 7 |
Enforcement |
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Clause 8 |
Operating Schedules |
8.1 to 8.27 |
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.
7.
OBSERVATIONS
The Liquor
Licensing Panel is obliged to determine this application with a view to
promoting the licensing objectives, which are :
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The prevention of crime and disorder.
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Public safety.
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The prevention of public nuisance.
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The protection of children from harm.
In making its decision, the Liquor
Licensing Panel is also obliged to have regard to national guidance and the
Council’s own Licensing Policy.
Of course, the
Liquor Licensing Panel must also have regard to all of the representations made
and the evidence it hears.
The Liquor
Licensing Panel 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 Liquor
Licensing Panel 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
Agreement has
been reach between the Applicant and Police, that the licence will be
restricted in its use to no more than 12 occasions per year, running from each
January 1st.
Prior to any
use of the licence, notice in writing will be given to the Chief Officer of
Police for the Isle of Wight, not less than 28 days prior to any event taking
place. Where such notice is given, the Chief Officer of Police may veto any
event within 7 days of receiving any such notice. Such notice to be in writing
and to give the reasons for such a veto.
Concern is
raised by local residents about drink driving.
Prevention of Public Nuisance
Local
interested parties are concerned about the increase in traffic and traffic
management issues. Concern is also raised over the potential for noise
disturbance.
Public Safety
Traffic issues are highlighted,
particularly over the use of local roads by coaches.
Protection of Children From Harm
None.
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 Liquor Licensing Panel 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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9.
ADDITIONAL INFORMATION
This
application is sponsored by the Earl Mountbatten Hospice, who hope to use the
facilities of Brading Roman Villa for their own fundraising.
Contact
Point:
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Andrew Paddock |
Ext 5120 |
Licensing Officer
ROB OWEN
Head of
Consumer Protection