PAPER A

 

Purpose : For Decision
 
Committee:    LICENSING SUB COMMITTEE  
 
Date:               16 MARCH 2007
 
Title:                APPLICATION FOR A TEMPORARY EVENT NOTICE
 
                        REPORT OF THE HEAD OF CONSUMER PROTECTION   

 

 

1.         DETAILS OF THE APPLICATION

 

 

Applicant

Ms Gillian Mary Tobin

 

Premises

Duncroft Hotel

2 Wilton Park Road

Shanklin

Isle of Wight

 

Application for a Temporary Event Notice

This application is for the grant of a Temporary Event Notice under Section 100 (1) of the Licensing Act 2003.

 

 

Provision of Regulated Entertainment

Hours of Licensable Activities

 

 

 

 

Live and Recorded Music, performances of dance and anything similar to the above

Sun 18th March 2007

0001hrs to 1000hrs

 

 

 

 

Late Night Refreshment

Sun 18th March 2007

0001hrs to 1000hrs

 

 

 

 

Supply of Alcohol for consumption on and off the premises

Sun 18th March 2007

0001hrs to 1000hrs

 

 

 

 

Maximum number of people at any one time to be present at the premises during licensable activities

140

 

 

 

 

2.                  LOCATION AND SITE CHARACTERISTICS

 

The Duncroft Hotel is a hotel with a bar (known as the Wight Rabbit) and separate dining room situated on the corner of Wilton Park Road and Atherley Road in Shanklin. It is surrounded by mainly residential properties.

 

 

3.                  RELEVANT REPRESENTATIONS

 

Responsible Authorities

 

 

 

Police

 

PC Adrian Cleightonhills

Police Licensing Section

 

 

Recommendation: that the Temporary Event is not approved due to crime and disorder taking place when the previous Temporary Event was held, both within the premises and in the immediate vicinity. Also that the applicant misled police on the previous application. In addition, there have been two underage sales of alcohol in the last four weeks.

 

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

1.1, 1.3, 1.4, 1.5

Clause 2

Introduction

All

Clause 3

Integration of Strategies and Other Legislation

3.4, 3.5, 3.10,

Clause 4

Approach to Licensing Applications

4.1, 4.2, 4.6

Clause 5

Cumulative Effect

N/A

Clause 6

Representation, Reviews and Appeals

N/A

Clause 7

Enforcement

N/A

Clause 8

Operating Schedules

N/A

 

5.                  NATIONAL GUIDANCE

 

Members may find guidance in relation to Temporary Event Notices at Chapter 8 of the National Guidance issued under section 182 of the Licensing Act 2003.

 

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 is one convention right, which must 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.

 

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 objective of:

 

·                    The prevention of crime and disorder

 

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 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 objective of the prevention of crime and disorder:

 

i.                        Permit the Temporary Event as requested.

 

ii.                        Issue a counter-notice under Section 105 (2)

 

As to the objection raised:

 

The Prevention of Crime & Disorder

 

The Police have raised concerns in relation to the granting of this Temporary Event Notice (TEN) as they do not believe it to be suitable as a late night drinking establishment, due to incidents of disorder and drunkenness at the premises. They refer to a previous TEN on 18th February 2007 where the application was similar to this one. The police expressed their concerns and assurances were given by the applicant as she stated it was for a birthday party and wedding anniversary and clientele would be of an older age group. The police believe they were misled as there was also a 16th birthday party which was not mentioned by the applicant. On that evening a serious assault took place on the premises, and disorder continued out onto the surrounding streets where further assaults took place. Drunken persons both male and female were involved. The premises are understood to attract a customer base of young people aged between 16 and 23 who are not responsible drinkers. The police state that they would be wary of future assurances given by the applicant.

 

It is for the Licensing Sub Committee to determine the above matter.

 

8.         APPENDICES ATTACHED

 

1

Copy of Temporary Event Notice

2

Objection notice from Police

 

Contact Point:            Sarah MacDonald Ext 5156

 

ROB OWEN

Head of Consumer Protection