PAPER A

Purpose : For Decision

Committee: LICENSING SUB COMMITTEE

Date: 19 MAY 2006

Title: APPLICATION FOR TEMPORARY EVENT NOTICE

REPORT OF THE HEAD OF CONSUMER PROTECTION

1. DETAILS OF THE APPLICATION

Applicant	Mr Michael Tracey 4 Madeira Row Binstead Ryde Isle of Wight PO33 3HG
Premises	Mobile catering unit
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.

The Operating Schedule shows:

Designated Premises Supervisor

Not applicable

	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	N/A
	Provision of Entertainment Facilities
(i)	making music	N/A
(j)	dancing	N/A
(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment	Thursday 8 June 2006 – Friday 9 June 2006 2300 – 0500 hours Friday 9 June 2006 – Saturday 10 June 2006 2300 – 0500 hours Saturday 10 June 2006 – Sunday 11 June 2006 2300 – 0500 hours Sunday 11 June – Monday 12 June 2006 2300 – 0500 hours
	Supply of Alcohol	N/A
	Other Times Premises Proposed To Be Open To The Public	Application to remain open 24 hours a day from 1200 hours on Thursday 8 June 2006, until 1159 hours on Monday 12 June 2006.
	Maximum number of people at any one time to be present at the premises during licensable activities	75

2. LOCATION AND SITE CHARACTERISTICS

The premises is a mobile catering unit which the applicant proposes to site in a lay-by next to the entrance to Southern Water on the A3054 (Fairlee Road), Newport.

3. RELEVANT REPRESENTATIONS

Responsible Authorities
Police	Recommendation: that the Temporary Event Notice is not granted as Police have stated that locating a burger van along Fairlee Road will encourage people to congregate outside of the festival area unsupervised. The Police also state that there is an increased risk of public order situations arising and also an increased risk for offences against the person to occur.

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,
Clause 2	Introduction	All
Clause 3	Integration of Strategies and Other Legislation	3.2, 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.

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.

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 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 application. The application must be granted or refused.

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 have raised concerns in relation to the granting of this Temporary Event Notice as it is their view that the locating of a burger van along Fairlee Road will encourage people to congregate outside of the festival area.

They also state that the potential for public order offences and for offences to be committed against the person are increased if this application is granted.

It is a matter for the Licensing Sub Committee to determine the application in light of the above matters and any other matters it considers material.

8. APPENDICES ATTACHED

1	Temporary Event Notice copy of application
2	Map showing proposed location of catering unit
3	Objection notice from police

Contact Point:

Andrea Colebrook

Ext 5154

ROB OWEN

Head of Consumer Protection