PAPER A1

Purpose : For Decision

Committee: LICENSING SUB-COMMITTEE

Date: 19 SEPTEMBER 2005

Title: APPLICATION FOR CONVERSION AND VARIATION OF PREMISES LICENCE – CENTRAL TAP BARS, (previously Hunter’s Rest) 64 HIGH STREET, VENTNOR, ISLE OF WIGHT

REPORT OF THE HEAD OF CONSUMER PROTECTION

_____________________________________________________________________

1. DETAILS OF THE APPLICATION

Applicant

David Ronald King

Premises

Central Tap Bars (previously Hunter’s Rest) 64 High Street, Ventnor, 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

James Edward O’Reilly

	Provision of Regulated Entertainment	Hours of Licensable Activities

(a)	Plays	All days 10:00 hours to 03:00 hours (premises have been approached by some actors enquiring about the use of the premises for the performance of a show, so this may be taken further when the 2003 Act comes into force)
(b)	Films	All days 10:00 hours to 03:00 hours (if there is a request for the premises to hold a film show the function room would be a suitable venue. Although nothing has been arranged it is possible that a film show may be held in the future)
(c)	Indoor Sporting Events	All days 10:00 hours to 03:00 hours (premises would be a suitable venue for exhibitions by sporting stars, such an event if held would be intended to attract an audience)
(d)	Boxing or Wrestling	All days 10:00 hours to 03:00 hours (if there was a request to hold such an event, then it would be possible to hold an event at the venue)
(e)	Live Music	N/A
(f)	Recorded music	N/A
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	All days 10:00 hours to 03:00 hours (we wish to be able to provide live and recorded music, both amplified and unamplified and the performace of dance)

	Provision of Entertainment Facilities

(i)	making music	N/A
(j)	dancing	N/A
(k)	entertainment similar to (i) & (j) above	All days 10:00 hours to 03:00 hours (we wish to be able to continue to provide facilities for making music both amplified and unamplified, and dancing)

	Late Night Refreshment	All days 23:00 hours to 03:00 hours (no hot food will be available after 23:00 hours, only hot drinks)

	Supply of Alcohol	All days 10:00 hours to 03:00 hours

	Hours Premises Proposed To Be Open To The Public	All days 10:00 hours to 03:30 hours

	Conditions to be removed	The conditions inherent in the Supper Hours Certificate and Extended Hours Order should be removed.

Steps to promote the licensing objectives

General

No new steps have been identified by the risk assessment as being required in relation to the licensing objectives.

In the last year or so the operation of the premises has changed from being predominantly entertainment based to being a community public house with entertainment being complementary.

The Prevention of Crime & Disorder

The premises have a comprehensive CCTV system which acts as a deterrent to crime and disorder and assists in the effective management of the premises.

Since the change in emphasis in the operation of the premises there have been no crime and disorder issues.

If the risk assessment shows opening to a later hour requires security staff on a particular day or period then they will be provided, but there is no evidence that they are required as a matter of course.

Public Safety

There are no car parking facilities at the premises neither is there any intention of holding fireworks displays.

The areas of slips, trips, falls and electrical safety have been dealt with in the risk assessment. The comment above regarding security staff is also applicable to public safety.

The Prevention of Public Nuisance

Some time ago there was a problem particularly with a previous occupier of noise nuisance suffered by some local residents. The primary cause was the use of the function room for loud entertainment. This room is not now regularly used and that together with the installation of a sound limiter appears to have overcome this problem.

There is no history of nuisance from food odour at the premises.

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 21 years.

2. LOCATION AND SITE CHARACTERISTICS

The premises is situated in the main street in Ventnor. It comprises three main bar areas, function room and outside patio/petanque terrain.

3. RELEVANT REPRESENTATIONS

Responsible Authorities

Police	Representations received (Appendix B)

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:	Russell K Sparks 68 High Street, Ventnor, IW Mr J & Mrs M I Chiverton 70 High Street, Ventnor, IW

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	8.3, 8.5, 8.7, 8.9, 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.

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

The police are concerned that the hours applied for would lead to further late drinking within these premises as the licensee has previously received a written warning from the police in relation to consumption of alcohol on the premises after licensing hours. The police have also commented that it would be very difficult to police any public order situation arising at such time from intoxicated people leaving the premises, due to the limited police presence in Ventnor after this time.

Prevention of Public Nuisance

The police are concerned that they have received a number of complaints in recent weeks regarding noise coming from live bands and recorded music within the premises. They believe that the entertainment should be inside a sound proofed area and that doors must remain closed. The other objectors are concerned about the level of noise which would be generated from loud music, with doors and windows being left open, and allege that the double glazed windows have been replaced with single glazing. There is also concern over people leaving the premises creating noise to such a late hour.

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