PAPER B
Purpose : For Decision
Committee: LICENSING
SUB COMMITTEE
Date: 18
APRIL 2006
Title: APPLICATION FOR CONVERSION
AND VARIATION OF PREMISES LICENCE – RYDE CASTLE HOTEL, ESPLANADE, RYDE, ISLE OF
WIGHT, PO33 1JA.
REPORT OF THE HEAD OF CONSUMER PROTECTION
1.
DETAILS OF THE APPLICATION
|
Applicant |
Greene
King Brewing and Retailing Ltd |
|
Premises |
Ryde
Castle Hotel, Esplanade, Ryde, Isle of Wight, PO33 1JA. |
|
Conversion & Variation Application |
This
application is for a variation of the Premises Licence under section 34 of
the Licensing Act 2003. |
The Operating Schedule requests the following variation:
|
Designated Premises
Supervisor |
Carlos
Maia e Silva Ryde
Castle Hotel, Esplanade, Ryde, Isle of Wight, PO33 1JA. |
|
|
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 |
See
(h) below |
|
(f) |
Recorded
music |
See
(h) below |
|
(g) |
Performances
of Dance |
Not
applicable |
|
(h) |
Anything
similar to (e) (f) (g) above |
Sunday
to Thursday: 11:00 to 23:00 hrs Friday
and Saturday: 11:00 until 02:00 hrs December
24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter
Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and
preceding day before a bank holiday; any publicly declared holiday to extend
the above by 1 hour Christmas
day 15:00 until 19:00 hrs |
|
|
|
|
|
|
Provision of Entertainment Facilities |
|
|
|
|
|
|
(i) |
making
music |
Not
applicable |
|
(j) |
dancing |
Sunday
to Thursday: 11:00 to 23:00 hrs Friday
and Saturday: 11:00 until 02:00 hrs December
24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter
Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and
preceding day before a bank holiday; any publicly declared holiday to extend
the above by 1 hour Christmas
day 15:00 until 19:00 hrs |
|
(k) |
entertainment
similar to (i) & (j) above |
Not
Applicable |
|
|
|
|
|
|
Late Night Refreshment |
Friday
and Saturday: 23:00 to 02:00 hrs December
24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter
Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and
preceding day before a bank holiday; any publicly declared holiday to extend
the above by 1 hour Christmas
day 15:00 until 19:00 hrs |
|
|
|
|
|
|
Supply of Alcohol |
Sunday
to Thursday 07:00 to 23:00 hrs Friday
and Saturday 07:00 until 02:00 hrs December
24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter
Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and
preceding day before a bank holiday; any publicly declared holiday to extend
the above by 1 hour Christmas
day 15:00 until 19:00 hrs |
|
|
|
|
|
|
Other Times Premises Proposed To Be Open To The Public |
Sunday
to Thursday 07:00 to 23:30 hrs Friday
and Saturday 07:00 until 02:30 hrs December
24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter
Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and
preceding day before a bank holiday; any publicly declared holiday to extend
the above by 1 hour Christmas
day 15:00 until 19:00 hrs |
|
|
Non
Standard Timings |
Any
special sporting event (ie World Cup), sporting events should be of a
national and/or international importance, which are televised outside the
hours of which licensable activities are allowed by the premises licence,
these will be notified to the police and licensing authority 14 days prior to
the event with veto of the police |
Steps to promote the licensing objectives
|
The Prevention of Crime & Disorder |
|
|
|
·
The applicants have not identified any additional steps that they
intend to take. |
|
|
|
Public Safety |
|
|
|
The
applicants have not identified any additional steps that they intend to take.
|
|
|
|
The Prevention of Public Nuisance |
|
|
The applicants wish to remove the condition : Regulated Entertainment
(excluding recorded music) to end at 00:30 hrs |
|
|
|
The Protection of Children From Harm |
|
|
|
·
The applicants have not identified any additional steps that they
intend to take. ·
The applicants wish to remove the condition: No children to be allowed
on site after 22:00 hrs ·
The applicants wish to remove the condition: Children to be allowed in
dining area only unless passing from one place to another. |
2.
LOCATION AND SITE CHARACTERISTICS
|
Ryde
Castle Hotel is a large detached property situated on the Esplanade in Ryde.
The premises currently operate as an 18 bedroom hotel and also have a
restaurant for 46 people; a function room for 120 people, a public bar,
external terrace and patio and car parking for 50 vehicles. |
3.
RELEVANT REPRESENTATIONS
|
Responsible Authorities |
|
|
|
|
|
Police |
No representations |
|
|
|
|
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 |
|
|
|
|
|
Benjamin Martill |
Concerned
about the potential noise disturbance from the music emanating from the
premises. |
|
Mr G.H.Martill |
Concerned
about the current and potential noise disturbance from the music emanating
from the premises. |
|
Mr David Martill |
Concerned
about the current and potential noise disturbance from the music emanating
from the premises. |
|
J. R. Whitewood |
Concerned
about the potential noise disturbance from the music emanating from the
premises. |
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 |
6.1 |
|
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 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 Liquor Licensing Panel 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 Liquor Licensing Panel is also obliged to
have regard to national guidance and the Council’s own Licensing Policy.
Of course, the Liquor Licensing Panel must also have regard to all of
the representations made and the evidence it hears.
The Liquor Licensing Panel 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 Liquor Licensing Panel 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
|
No relevant representations received |
Prevention of Public Nuisance
|
Objectors claim: That the provision of live or recorded music currently causes a noise nuisance and will continue to do so.
|
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 Liquor Licensing Panel to determine
in the light of the above matters and any other matters it considers material.
8. APPENDICES
ATTACHED
|
1 |
|
|
2 |
|
|
3 |
|
|
4 |
9. ADDITIONAL
INFORMATION
|
Ryde Castle
Hotel Currently hold a premises licence (attached). The licence states the
permitted hours for all activities. |
Contact
Point:
|
David Curtis-Botting |
Ext
5155 |
ROB
OWEN
Head
of Consumer Protection