Paper A3

1. DETAILS OF THE APPLICATION

Applicant

Marion Joyce Hirschl and Denise Helen Hunt

Premises

High Park Tavern

84 Marlborough Road

Elmfield

Ryde

Isle of Wight

PO33 1AF

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

Denise Helen Hunt

High Park Tavern

84 Marlborough Road

Elmfield

Ryde

Isle of Wight

PO33 1AF

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Not Applicable
(c)	Indoor Sporting Events	Not Applicable

(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music Non Standard Timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
(f)	Recorded music Non standard timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
(g)	Performances of Dance	Not Applicable
(h)	Anything similar to (e) (f) (g) above	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
(k)	entertainment similar to (i) & (j) above
	Late Night Refreshment	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
	Supply of Alcohol Non Standard Timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight Valentines Day; St Patrick’s Day; Friday to Monday on Bank Holiday Weekends; Ryde carnivals; Christmas Eve; Boxing Day and up to 25 other event days at the applicant’s discretion: 10:00 hours until 02:00 hours
	Other Times Premises Proposed To Be Open To The Public Non Standard Timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight Trading hours to be extended on Bank Holidays and event days 06:00 hours until 02:00 hours.
	Current Conditions, Terms or Restrictions To Be Removed As A Consequence Of This Application	All embedded restrictions inherent in the Licensing Act 1964; the Cinematograph (Safety) Regulations 1955 and the Children & Young Persons Act 1933.

Steps to promote the licensing objectives

General

The applicant “would like to provide more events and entertainment for today’s customer and at the same time introduce minors into the environment in a sensible and responsible manner and educate them by example so as to avoid excesses in the future”.

The Prevention of Crime & Disorder

The High Park Tavern is a member of Pub Watch and has a zero tolerance for violence, drugs or any other anti-social behaviour.

Public Safety

Common sense will prevail
The applicant “believes [they] have a good understanding and knowledge of public health and safety and follow good practices.

The Prevention of Public Nuisance

Recorded and live music will terminate latest 01:00 hours with the exception of New Years Eve.
Doors will be closed earlier to minimise noise nuisance.
Customers will be asked to respect the neighbours and leave quietly.

The Protection of Children From Harm

No unusual risks of harm to children have been identified.
Procedures are already in place to identify and deal with attempted purchases of alcohol by minors.

2. LOCATION AND SITE CHARACTERISTICS

The High Park Tavern is a detached building situated on the junction with Marlborough Road and Somerset Road. The building is situated in a residential area. The entrance to the building is provided by way of a lobby. The interior comprises of a main bar which is open plan, and provides seating and table for customers; a pool room and a function room with bar counter. To the exterior there is a fenced patio area with seating and tables for customers. (Appendix 2)

3. RELEVANT REPRESENTATIONS

Responsible Authorities	(Appendix 3)
Police Sgt G. Mudge Police Station Birmingham Road Cowes Isle of Wight PO31 7BH	Due to required hours for the supply of alcohol on unspecified event days Recommendation: 1) A limit of 12 extensions per year 2) An operating plan to cover the additional measures to be taken to manage crime and disorder 3) Seven days notice to be given to the Police and Licensing Authority of the proposal to use extended hours. 4) An absolute veto for police in respect of any of the occasions.
Environmental Health Officer	No representations
Fire Safety Officer	No representations
Planning Officer	No representations
Trading Standards Officer	No representations
Health & Safety	No representations
Children’s Services	No representations
Interested Parties	No representations

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 & 3.11
Clause 4	Approach to Licensing Applications	All
Clause 5	Cumulative Effect
Clause 6	Representation, Reviews and Appeals
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.

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

The Police raise concerns that unspecified event days could give rise to crime & disorder issues.

Prevention of Public Nuisance

No representations

Public Safety

No representations

Protection of Children From Harm

No representations

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