_____________________________________________________________________
1.
DETAILS
OF THE APPLICATION
|
Applicant |
Mr Andrew David Gibbs & Mrs Jane Gibbs |
|
Premises |
The Steamer Inn, 18 Esplanade, Shanklin, Isle of
Wight |
|
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 simultaneous variation of the licence under Schedule 8 paragraph
7(1) (b) of the Licensing Act 2003 (Appendix
A) |
The
Operating Schedule shows:
|
Designated Premises
Supervisor |
Mr
Duncan Peter Scott |
|
|
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 |
N/A |
|
(f) |
Recorded
music |
N/A |
|
(g) |
Performances
of Dance |
N/A |
|
(h) |
Anything
similar to (e) (f) (g) above |
10:00
hours to 01:00 hours all days (live and recorded music, both amplified and
unamplified, and the performance of dance) |
|
|
Provision of Entertainment
Facilities |
|
|
(i) |
making
music |
N/A |
|
(j) |
dancing |
N/A |
|
(k) |
entertainment
similar to (i) & (j) above |
10:00
hours to 01:00 hours all days (facilities for making music both amplified and
unamplified, and dancing) |
|
|
Late Night Refreshment |
23:00
hours to 01:00 hours all days |
|
|
Supply of Alcohol |
10:00
hours to 02:00 hours all days for non-residents. (Sale of alcohol to
residents and their guests at any time, as at present). |
|
|
Other Times Premises
Proposed To Be Open To The Public |
10:00
hours to 01:30 hours all days |
|
|
Conditions to be removed |
To
remove the conditions inherent in the Public Entertainment Licence. |
Steps
to promote the licensing objectives
|
General |
|
These
premises cater primarily for the tourist trade, providing food during the day
and on some evenings entertainment is provided to enhance the facilities
available to diners and drinkers. No new steps have been identified by the
risk assessment as being required in relation to the licensing objectives. |
|
The Prevention of Crime
& Disorder |
|
Entertainment
is not the main attraction to the premises and it therefore does not have
the crime and disorder potential of
an entertainment-led operation. The
applicants have long experience in running these premises and other premises
under the same ownership. Their premises employ experienced management. Good
management and effective supervision reduces any risk of crime and disorder
situations by identifying them at an early stage and taking effective action
to prevent situations from developing. |
|
Public Safety |
|
There
is no car parking at these premises, nor is there any intention to hold
firework displays. The areas of slips, trips, falls and electrical safety
have been dealt with in the risk assessment. |
|
The Prevention of Public
Nuisance |
|
There
has only been one isolated complaint relating to noise, and that was a year
ago. It was a complaint from a neighbouring hotel and the situation was
resolved without the need to involve the Environmental health Department. There
have been no issues of nuisance from food odours. |
|
The Protection of Children
From Harm |
|
There
is no outdoors children’s play equipment at the premises. Photo
identification is requested from anyone who appears to be aged under 18
years. |
2. LOCATION AND SITE CHARACTERISTICS
|
The premise is a hotel
situated on Shanklin seafront comprising 8 bedrooms, ground floor bar/dining
area and outdoors terraces. |
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 |
|
|
Objection letters from: |
Mrs J Leney 10 Waverley Court,
Esplanade, Shanklin, IW Andrew & Alison
Craddock Flat 1 Waverley Court,
Esplanade, Shanklin, IW Denis & Marion Beare 7 Waverley Court,
Esplanade, Shanklin, IW (Appendix B) |
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, 3.9 and 3.11 |
|
Clause
4 |
Approach to Licensing Applications |
all |
|
Clause
5 |
Cumulative Effect |
|
|
Clause
6 |
Representation, Reviews and Appeals |
6.1, 6.4, 6.6 |
|
Clause
7 |
Enforcement |
|
|
Clause
8 |
Operating Schedules |
8.5, 8.13 to 8.20 inclusive |
5. NATIONAL GUIDANCE
National guidance regarding control of areas outside the premises is as
follows:
“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:
“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:
“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.
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
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 also making
Article 1 relevant in this case.
The Licensing Authority acknowledges the right of businesses 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 requested.
ii.
Modify
the conditions of the licence by altering or omitting or adding to them, such
conditions as suggested by the applicant.
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 representations raised:
The Prevention
of Crime & Disorder
|
No representations raised. |
Prevention of
Public Nuisance
|
The objectors are concerned about the potential
noise and anti-social behaviour that may be caused as a result of the
extended hours, especially when people are leaving the premises. |
Public Safety
|
No representations raised |
Protection of
Children From Harm
|
No representations 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
|
A. |
Application form with attachments |
|
B. |
Objection letters |
|
C. |
Map showing location of premises in relation to
surrounding area |
9. ADDITIONAL INFORMATION
|
The premise currently holds
a Justices’ on-licence allowing the sale by retail of alcohol to the public
for consumption on and off the premises during the hours of Monday to
Saturday 10:00 hours to 23:00 hours, Sundays and Good Friday 12:00 hours to
22:30 hours, Christmas Day 12:00 hours to 15:00 hours and 19:00 hours to
22:30 hours, and New Year’s Eve/Day 24 hours. It also allows the sale of
alcohol to residents and their guests at any time. The premises currently have
a Public Entertainment Licence from Monday to Saturday 20:30 hours to 23:00
hours. In summary, the applicants
require an additional two hours from Monday to Saturday, and an extra hour
and a half on Sundays for the sale of alcohol and the provision of regulated
entertainment. |
Contact
Point:
|
Sarah
MacDonald |
Ext
5156 |
ROB
OWEN
Head
of Consumer Protection
