1.
DETAILS
OF THE APPLICATION
|
Applicant |
Miss Bo Handley |
|
Premises |
Culver Lodge Hotel 17 Albert Road Sandown Isle of Wight
PO36 8AW |
|
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 |
Miss
Bo Handley |
|
|
Provision of Regulated
Entertainment |
Hours of Licensable
Activities |
|
(a) |
Plays |
Friday
& Saturday 20:00 hours until Midnight |
|
(b) |
Films |
Monday
to Sunday 10:00 hours until 02:00 hours |
|
(c) |
Indoor
Sporting Events |
Friday
to Sunday 18:00 hours until Midnight |
|
(d) |
Boxing
or Wrestling |
Not
Applicable |
|
(e) |
Live
Music |
See
(h) Below |
|
(f) |
Recorded
music |
See
(h) Below |
|
(g) |
Performances
of Dance |
See
(h) Below |
|
(h) |
Anything
similar to (e) (f) (g) above |
Monday
to Sunday 10:00 hours until 02:00 hours |
|
|
Provision of Entertainment
Facilities |
|
|
(i) |
making
music |
See
(k) Below |
|
(j) |
dancing |
See
(k) Below |
|
(k) |
entertainment
similar to (i) & (j) above |
Monday
to Sunday 10:00 hours until 02:00 hours |
|
|
Late Night Refreshment |
Monday
to Sunday 23:00 hours until 02:00 hours |
|
|
Supply of Alcohol |
Monday
to Sunday 10:00 hours until 02:00 hours. |
|
|
Other Times Premises
Proposed To Be Open To The Public |
Monday
to Sunday 10:00 hours until 02:30 hours. |
|
|
Non Standard Timings
Applicable To All Activities |
None |
Steps
to promote the licensing objectives
|
The Prevention of Crime
& Disorder |
|
|
Public Safety |
|
|
The Prevention of Public
Nuisance |
|
|
The Protection of Children
From Harm |
|
2. LOCATION AND SITE CHARACTERISTICS
|
The
Culver Lodge Hotel is a detached building situated on the junction with
Albert Road and Victoria Road. The hotel offers car parking to the front and
rear of the building. To the front of the hotel is situated a swimming pool
and patio area which is used by residents and customers for the consumption
of drinks if desired. The hotel provides 22 bedrooms. The bar is situated on
the ground floor with access from the foyer. Seating and tables are provided
for customers and residents. The hotel currently operates under a Justices On
Licence. (Appendix 2) |
3. RELEVANT REPRESENTATIONS
|
Responsible
Authorities |
|
|
Police |
No outstanding representations |
|
Environmental Health Officer |
No outstanding representations |
|
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 |
|
|
(Appendix 3) |
|
|
Mr R & Mrs L Bennett 59 St Johns Road Sandown Isle of Wight PO36 8HE |
Express concerns about the
potential from noise nuisance from the Culver Lodge Hotel. |
|
T Griffin Flat 2 14 Victoria Road Sandown Isle of Wight PO36 8AL |
Expresses concerns about the potential from
noise nuisance from the Culver Lodge Hotel. |
|
J Abbott Flat 3 14 Victoria Road Sandown Isle of Wight PO36 8AL |
Expresses concerns about the potential from
noise nuisance from the Culver Lodge Hotel. |
|
Mr I Austin Flat 5 14 Victoria Road Sandown Isle of Wight PO36 8AL |
Express concerns about the
potential from noise nuisance from the Culver Lodge Hotel. |
|
M Osborne Flat 6 14 Victoria Road Sandown Isle of Wight PO36 8AL |
Expresses concerns about
the potential from noise nuisance from the Culver Lodge Hotel |
|
Mr B Taylor Garden Flat 14 Victoria Road Sandown Isle of Wight PO36 8AL |
Expresses concerns about
the potential from noise nuisance from the Culver Lodge Hotel |
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 |
3.1; 3.4; 3.8 to 3.11 |
|
Clause
4 |
Approach to Licensing Applications |
All |
|
Clause
5 |
Cumulative Effect |
5.2 |
|
Clause
6 |
Representation, Reviews and Appeals |
6.1 to 6.8 |
|
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.
(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 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
|
None raised |
Prevention of
Public Nuisance
|
The objectors claim that a noise nuisance could be
caused if the Culver Lodge Hotel is granted a licence that allows the
requested activates. |
Public Safety
|
None raised |
Protection of
Children From Harm
|
None raised |
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 Premises |
|
3 |
Letters of Objection |
|
4 |
Copy of Justices On Licence |
9. ADDITIONAL INFORMATION
|
The applicant currently
holds a Justices On Licence which allows the sale of alcohol to both
residents and members of the public during national licensing hours.
Residents may also be served alcohol for a period of 24 hours.(Appendix 4) |
Contact
Point:
|
David
Curtis-Botting |
Ext
5155 |
ROB
OWEN
Head
of Consumer Protection
