1.
SUMMARY/PURPOSE
For the Licensing
Sub-Committee to determine an application for a premises licence made under
section 17 of the Licensing Act 2003.
2.
BACKGROUND
a) Any
person aged 18 years or over who intends to use premises for one or more of the
following licensable activities may apply for a premises licence that
authorises:
o
The sale by retail of
alcohol
o
the supply of alcohol by
or on behalf of a club to, or to the order of, a member of the club
o
the provision of
regulated entertainment and
o
the provision of late
night refreshment
b) Where
the licensing authority receives an application for a premises licence that
complies with the requirements of the Licensing Act 2003, it must grant the
licence unless relevant representations are made to the authority by
responsible authorities or interested parties.
c) If
relevant representations are received, the local authority must hold a hearing
to consider them unless each person who has made such representations agrees
that a hearing is unnecessary.
d) This
hearing has been arranged following the receipt of representations and is
deemed necessary to determine the licence in accordance with Section 18 of the
Licensing Act 2003 and The Licensing Act 2003 (Hearings) Regulations 2005.
3.
DETAILS
OF THE APPLICATION
|
Applicant |
Mrs Susan Abbott |
|
Premises |
Brighstone Holiday Centre, Military Road,
Brighstone, Isle of Wight |
|
Application |
This
is an application for a Premises Licence under section 17 of the Licensing
Act 2003 (Appendix A) |
The
Operating Schedule shows:
|
Designated Premises Supervisor |
Mrs
Susan Abbott |
|
|
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 |
Fri,
Sat and Sun 1900
hours to 2400 hours |
|
(f) |
Recorded
music |
Fri,
Sat and Sun 1900
hours to 0200 hours the following morning |
|
(g) |
Performances
of Dance |
N/A |
|
(h) |
Anything
similar to (e) (f) (g) above |
N/A |
|
|
|
|
|
|
Provision of Entertainment
Facilities |
|
|
|
|
|
|
(i) |
making
music |
N/A |
|
(j) |
dancing |
N/A |
|
(k) |
entertainment
similar to (i) & (j) above |
N/A |
|
|
|
|
|
|
Late Night Refreshment |
N/A |
|
|
|
|
|
|
Supply of Alcohol |
All
Days 1200 hours to 2200 hours Non
– standard timings: During
May – two events to extend until 0200 hours the following morning |
|
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|
|
|
|
Other Times Premises
Proposed to be Open To The Public |
All
Days 0800 hours to 2200 hours Non
– standard timings: During
May – two events – to be open to the public from 1000 hours to 0300 hours the
following morning |
Steps
to promote the licensing objectives
|
The Prevention of Crime
& Disorder |
|
Alcohol
will not be provided to any person appearing under-age unless ID is provided. A
“zero tolerance attitude” to drugs will be enforced at all times. Promote
sensible social drinking and refuse to serve those who appear to be reaching
their own personal limit or who appear to be ‘binge drinking’. To
positively promote anti drink-driving and drunkenness campaigns. To
clearly label all alcoholic products, and if necessary seek and act on advice
from the Police and Licensing authorities. |
|
Public Safety |
|
To
keep tidy premises with good control over glassware wherever used. To
promote adequate signage and both internal and external lighting where needed To
promote sensible drinking and to discourage illegal, aggressive and
anti-social behaviour Whenever
necessary to seek and act on advice from the relevant Police, Fire and Health
& Safety Authorities. |
|
The Prevention of Public
Nuisance |
|
To
monitor the level of noise created both on and off site and to act
accordingly. To
control and remove litter both on and off premises. To
actively prevent nuisance before it occurs by process of communication,
information and co-operation. To
seek advice from the relevant authorities on best practice for prevention of
nuisance and to advise those on the premises of correct social behaviour when
needed. |
|
The Protection of Children
From Harm |
|
To
prevent consumption of alcohol by under 18s at all times and always to
promote a family friendly atmosphere whenever possible. To
listen to and take heed of comments by adults and children To
be aware of the presence of children at all times To
make sure that children are accompanied by a responsible adult whenever
necessary To
be sure that staff are aware that children may not understand a situation
obvious to an adult and that careful explanation, preferably with their
guardian present may be required. |
4. LOCATION AND SITE CHARACTERISTICS
|
Brighstone Holiday Centre
is situated on the Military Road in Brighstone. The site provides chalet type
accommodation and also provides for touring caravans. For the motorcycle
rallies detailed later in the report, it is proposed that there will also be
tented camping on the site. There are no near neighbours to the western side
of the site, however, there is one house fairly close by on the opposite side
of the road, and a short distance away to the eastern side there is Grange
Farm caravan and camping site and more houses further along the road. A map
showing the surrounding area with the location of objectors (Appendix B) is
attached. |
5. RELEVANT REPRESENTATIONS
|
Responsible
Authorities |
Representations (Appendix C) |
|
|
|
|
Police |
No outstanding representation (conditions
agreed by the applicant) |
|
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|
|
Environmental Health Officer |
Representation received relating to the
potential for public nuisance and requesting conditions be imposed for the
number of events, noise levels and terminal hour for live and recorded music,
in line with the Noise Council Code of Practice (Appendix D) |
|
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Fire Safety Officer |
No outstanding representations |
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|
Planning Officer |
No outstanding representations |
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Trading Standards Officer |
No outstanding representations |
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Health & Safety |
Representation received that applicant
should provide a risk assessment in relation to the events taking place in
the marquees. |
|
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Children’s Services |
No outstanding representations |
|
|
|
|
Interested
Parties |
Representations (Appendix E) |
|
|
|
|
Mr & Mrs P Beadell |
Concerned over public safety due to
unfenced and unlit cliff edge and tents pitched too close together. Also
public nuisance from loud bands and PA system, motorbikes revving in the
early hours and risk to unsupervised children. |
|
|
|
|
Mrs A Fraser |
Concerned over the increase in noise levels
and pollution from loud and disruptive music. Safety of the public from
fragile and dangerous cliff edge. |
|
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|
Mr & Mrs J Knowles |
Concerned over noise nuisance if events
held on a regular basis. Foul language clearly heard over the speakers.
Motorbikes revving engines and racing up and down at all hours. Concern over
rumours of drug dealing at the site. |
|
|
|
|
Mr & Mrs J Dungey & Mr & Mrs D
Dunjay |
Concern over stress and lack of sleep due
to noise from music and filthy language over PA system. Also concern over
public safety due to people walking drunk along Military Road or along the
cliff edge |
|
|
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|
Mr & Mrs M Whittaker |
Concern over intoxicated people being close
to cliff edge. |
|
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|
Mr K & Mrs V Kimber |
Concern over public safety due to the
adjacent coastal path being dangerous in places, and to people negotiating the
lane from the village bus stops which is narrow, dark and has no footway, and
public nuisance from noise during Bikers’ Rally, and are concerned over
potential for ‘rave’ weekends and potential for damage to property. |
|
|
|
|
Mr G Johnson |
Concerned over noise pollution,
particularly if every week. Lack of soundproofing in marquee and potential
for major disturbance. Also concern for public safety due to unstable and
unfenced cliff top, especially in the dark, and from the excessive speed of
traffic in close proximity. Concern also for damage to property. |
|
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|
Brighstone Parish Council |
Whilst acknowledging the concern of several
local residents, the Parish Council agreed to approve the application. |
6. 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, 2.2, 2.3 |
|
Clause
3 |
Integration of Strategies and Other
Legislation |
3.2, 3.4, 3.5, 3.7, 3.9, 3.10, 3.11 |
|
Clause
4 |
Approach to Licensing Applications |
4.1, 4.2, 4.3, 4.5, 4.6 |
|
Clause
5 |
Cumulative Effect |
N/A |
|
Clause
6 |
Representation, Reviews and Appeals |
6.1, 6.6, 6.7, 6.8 |
|
Clause
7 |
Enforcement |
7.3, 7.4 |
|
Clause
8 |
Operating Schedules |
All |
7. 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.
8. 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”.
Article 8 is relevant in
this case, as the 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.
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 Premises Licence, the Licensing Sub
Committee will have to balance the rights of residents against the applicant’s
right to run their business.
9.
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 requested, with conditions agreed by the applicant.
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:
The Prevention of Crime
& Disorder
|
Local
residents are concerned over the potential damage to their property, as some
say they have experienced this in the past. They have also voiced concern
over rumours of drug dealing at the site, that police have raided the site in
the past, and that ‘rave’ events may be offered, with associated problems. |
Prevention of Public Nuisance
|
The
main concern is the increase in noise level and pollution from entertainment
in the marquee during the motorcycle rally weekends, as there is no soundproofing
in the marquee. Some local residents have indicated that past events in the
marquee have been unbearable causing stress and lack of sleep, and have
stated that music went on from the afternoon to the early hours and with the
addition of obscene language over the PA system was unacceptable. Others have
also indicated their concern over nuisance from bands playing, the volume of music
and obscene language which can be heard over the PA system. One resident states
that music is very loud and disruptive up to half a mile away. There is great
concern about the potential for noise nuisance if music is to be provided on
a more regular basis. Another concern is the noise from motorcyclists revving
their engines in the early morning, and racing up and down the road at all
hours. |
Public Safety
|
Interested
parties are concerned over the danger to people being so close to the unlit, unfenced
and dangerous cliff edge, and the potential fire hazard from tents possibly being
pitched too closely together. There is concern also for the safety of people going
on foot along Military Road due to the danger from fast moving traffic and also
those people walking into the village in the early hours especially if they are
intoxicated, and for the safety of drinkers negotiating the lane from
Brighstone village bus stops which is narrow, unlit and has no footway. |
Protection of Children from
Harm
|
Interested
parties are concerned that there could be risks to unsupervised children. |
10. APPENDICES ATTACHED
A. Application
form and site plan
B. Map
showing surrounding area and location of objectors.
C. Representations
received from Responsible Authorities
D. Guidelines from Noise Council Code of
Practice on Environmental Noise Control at Concerts
E. Representations
from Interested Parties
F. Response
from applicant to three of the objectors
11. BACKGROUND PAPERS
Officers’ Authority Panel Report dated 1st
July 2006
12. ADDITIONAL INFORMATION
|
Although this application
is made in the name of Mrs Susan Abbott, it is understood that her husband,
Mr Clive Abbott, also has a large degree of input into the organisation and running
of the premises. This application primarily
relates to the site when operating as a holiday centre, and seeks to permit
the sale of alcohol to residents and the provision of live and recorded music
within the ‘breakfast room’ at the premises. In addition, the
application seeks to allow two weekend events in May each year for motorcycle
rallies, one on the first Bank Holiday weekend and the second one later in
the month. At these events, the sale of alcohol and provision of regulated
entertainment would take place in a marquee on the site. The application for
late night refreshment was withdrawn after discussion with the police. Under the previous licensing regime these motorcycle rallies did
not need to be licensed by the Council as they were classed as private
events, being open only to members of motorcycle clubs and not to the general
public. However, under the Licensing Act 2003, such events now need to be
licensed. According to the
Environmental Health database, in 2004 there were two complaints received
over the Bank Holiday weekend of noise from music and from the PA system
until 0400hrs. In 2005, there were 5 complaints of loud music and fireworks,
on one night until 0330hrs, (although Environmental Health had arranged for
the music to be turned down at midnight). In 2006 there were no complaints
over the Bank Holiday weekend, but there was one complaint from an event held
there on 20th May. In March 2006 the organiser
of the event sought advice from the Licensing Section on what licences may be
required for the motorcycle weekend on the first May Bank Holiday. He was given
advice on the type of licence required depending on numbers attending. No Premises
Licence was applied for, however, but a TEN was received for the Bank Holiday
weekend for the sale of alcohol until 0100hrs and regulated entertainment
until midnight. Prior to the event a visit
was made to the site by the police and a Licensing Officer who spoke with Mr
Clive Abbott and the rally organisers. Both admitted that the numbers would
exceed 500 people. All including Mr Abbott were warned about the breach of
the TEN and Mr Abbott was strongly advised to consider applying for a full
Premises Licence before holding any further similar events. In this
circumstance no further action was taken. On 11th May 2006
a telephone call was received from Mr Abbott stating that he was having
another event on the 19th/20th May. He was informed
that as there is a requirement for 10 working days notice for a TEN there was
insufficient time to apply and therefore if the event was to go ahead, no
licensable activity could take place. A letter confirming this was sent on 15th
May. On the afternoon of 19th
May Mr Abbott and two representatives of the rally were seen by the Police
and IW Council Licensing Officer. They were advised that there was no licence
in place, despite previous advice being given. All were warned against
committing offences, and Mr Abbott was again strongly advised to consider his
position, particularly if he was serious about obtaining a Premises Licence
at a later date. The event was held despite
this advice. Although witness statements were obtained regarding the music,
Mr Abbott claimed that the event was not for profit and therefore he believed
that a licence was not required. Despite officers’ belief that the sale of
alcohol took place, no witness statement could be obtained. Therefore no
formal action could be taken by the Council. This application for a
Premises Licence was received on 11th January 2007. Following concerns
raised by the police, discussions took place with Mr and Mrs Abbott to
clarify certain aspects of the application. Following these discussions the
applicant has agreed to the following conditions being imposed on the licence
which relate to the licensing objectives of the prevention of crime and
disorder and the protection of children from harm: For ALL parts of the premises:
In addition to the above, in relation to the breakfast
room, the applicant has agreed to the following condition:
In relation to the marquee weekends, the applicant
has also agreed to the following conditions:
As to the conditions requested by Environmental Health, the
applicant agrees to the following condition in relation to the breakfast room:
Conditions in relation to the marquee weekends have been requested in line with the Noise
Council document “The Code of Practice on Environmental Noise Control at
Concerts”. A copy of the guidelines is attached at Appendix E. The applicant has
agreed to the condition regarding the noise levels, but wishes live
music to continue until midnight, and not 2300hrs as requested by the
Environmental Health Officer. Brighstone Parish Council has confirmed that a vote taken at
their recent meeting resolved to approve the application. The applicant has sent letters to three of the interested
parties, copies of which are attached at Appendix E. |
|
|
Contact
Point: Sarah MacDonald
Licensing Officer Ext 5156
ROB OWEN
Head of Consumer Protection
