1. DETAILS OF THE APPLICATION

Applicant

Christopher Hugh Rose Troup

Marie-Louise Troup

Peter Christopher Rose Troup

Premises

The Anchor Inn

1 High Street

Cowes

Isle of Wight

PO31 7SA

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

Debra McPhail

The Anchor Inn

1 High Street

Cowes

Isle of Wight

PO31 7SA

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	N/A
(b)	Films	0700 - 0300 each day
(c)	Indoor Sporting Events	0700 - 0300 each day
(d)	Boxing or Wrestling	N/A
(e)	Live Music	0700 – 2400 each day
(f)	Recorded music	0700 – 0300 each day
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	0700 – 0300 each day

	Provision of Entertainment Facilities
(i)	making music	0700 – 0300 each day
(j)	dancing	0700 – 0300 each day
(k)	entertainment similar to (i) & (j) above	N/A

	Late Night Refreshment	2300 – 0300 each day

	Supply of Alcohol	0700 – 0200 each day

	Other Times Premises Proposed To Be Open To The Public	0700 – 0300 each day

Steps to promote the licensing objectives

The Prevention of Crime & Disorder	The applicant believes that providing a 60 minute extension of opening hours after the end of the sale of alcohol will promote this objective as the last drink will be consumed less quickly and will provide customers access to the pubs toilet facilities. The applicant claims that in view of the customer base and trading history, no requirement for CCTV has been indicated by risk assessments. The condition regarding door staff set out on page 6 section b) of the application is to be modified so as to reword the first sentence in the new mandatory form, then add to the rest the pre-amble that “door staff conditions only apply at such times as live music, DJ’s and dance entertainments are provided at the premises”. The applicant states that other forms of regulated entertainments such as juke box, pub games, video etc are not identified risk factors for potential disorder.
Public Safety	The applicant states that the capacity limits set out at paragraph c) on page 6 of the application will continue to apply, but only whenever live music, DJ’s and dance entertainments are provided at the premises. The same will apply to the condition requiring a count to be kept. The applicant believes that the condition requiring that bottles and glasses are not removed from the premises should be amended to permit the off-sales permitted by the converted licence under Part A, so long as any such containers remain sealed when they are removed, and to permit glasses to be taken to any pavement area that may be covered by a pavement trading licence at any time in future.
The Prevention of Public Nuisance	The applicant states that live music will end at or before 24.00. Recorded music will be reduced to background level after 0200. The existing noise limiter and the terms relating thereto will continue to apply to the new licence. The use of the garden will end at or before 2330.
The Protection of Children From Harm	The applicant states that the restrictions set out in the Licensing Act 2003 will apply and that no unusual risks of harm to children have been identified.

2. LOCATION AND SITE CHARACTERISTICS

The Anchor Inn is a public house situated in Cowes High Street. It has seven letting rooms, a large main bar area with tables and seating for meals and an adjoining ‘stable bar’ to the rear used for functions and live music. The Anchor Inn also has a small patio area adjacent to the ‘stable bar’ to the rear of the premises offering outdoor seating. (Appendix 2)

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	Attached as Appendix 3

Ms Leah Rumble & Mr Richard Quigley Corries Cabin 17 Shooters Hill Cowes Isle of Wight PO31 7BE	Concerned about potential noise disturbance from music emanating from the premises. Concerned about customers of The Anchor using their back gate as a urinal. Concerned about the potential for disturbances and fights due to a possible change and clash of clientele.
Mr & Mrs G Hall 2 Shooters Hill Cowes Isle of Wight PO31 7BE	Concerned about potential noise disturbance from music and large numbers of people congregating in the street and when leaving 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	1.1 -1.5
Clause 2	Introduction	2.1
Clause 3	Integration of Strategies and Other Legislation	3.1, 3.2, 3.5, 3.9, 3.10, 3.11
Clause 4	Approach to Licensing Applications	4.1, 4.2, 4.3, 4.5
Clause 5	Cumulative Effect	5.11
Clause 6	Representation, Reviews and Appeals	6.1
Clause 7	Enforcement	7.2
Clause 8	Operating Schedules	8.13 – 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 sub 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”.

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.

ARTICLES 6 is particularly relevant in this case as it has been held that the fact there is a right of appeal to the magistrates’ court from any decision of the Committee is sufficient to make the Council’s licensing system compliant with the convention rights.

ARTICLE 8 is particularly relevant in this case because in considering whether to grant the variation to the Premises Licence, the Committee will have to balance the rights of residents against the applicant’s right to run their business.

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:

Objectors claim that the potential risk of crime and disorder being committed is increased if this application is successful due to a possible clash of clientele and persons leaving the premises drunk during the early hours of the morning.

Prevention of Public Nuisance

Objectors claim that the provision of live music until 2400 hours may cause a noise nuisance to persons living in the vicinity.

Objectors claim that the noise from customers leaving the premises may cause a nuisance and deprive residents of sleep.

Public Safety

Objectors claim that public safety may be risked if glass containers are taken off the premises and fights/disturbances occur.

Objectors claim that large groups of people outside the premises may be at risk of harm from vehicles driving through the High Street.

Protection of Children from Harm

No issues have been raised in connection with this objective

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 the premises
3	Letters of objection

9. ADDITIONAL INFORMATION

The Anchor Inn has a Public Entertainment Licence.

Mr Christopher Troup has indicated that it is not his general intention to trade with the public beyond 0100 hours at any time throughout the year. He anticipates that current opening hours will apply during the week with hours extending to midnight or 0030 hours at the weekend and 0100 hours during Cowes Week and other similar events/occasions.

Mr Christopher Troup has agreed to all recommendations made by Environmental Health in relation to the use of a noise limiter during live music performances and has offered to have the existing limiter relocated to minimise the risk of any disturbance to local residents. Mr Troup has also agreed to continue with annual maintenance tests, the results of which will be recorded and to report any malfunction to the Licensing Authority immediately.

Mr Christopher Troup has stated that during Cowes Week and other major events professional security staff are employed at the premises and CCTV is installed both inside and outside the premises.

BACKGROUND INFORMATION

General Licence Conditions for Public Entertainment, Cinema and Theatre Premises

Isle of Wight Council Additional Licence Conditions

Contact Point:

Andrea Colebrook

Ext 5154

ROB OWEN

Head of Consumer Protection