1. DETAILS OF THE APPLICATION

Applicant

Mr Martin Bullock

Mr Mark McDonald

Premises

The New Inn

Main Road

Shalfleet

Newport

Isle of Wight

PO30 4NS

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

Mr Mark McDonald

	Provision of Regulated Entertainment	Hours of Licensable Activities

(a)	Plays	N/A
(b)	Films	N/A
(c)	Indoor Sporting Events	10:00 hours – 24:00 hours each day 10:00 hours New Year’s Eve – 24:00 hours New Year’s Day
(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	10:00 hours – 24:00 hours each day 10:00 hours New Year’s Eve – 24:00 hours New Year’s Day

	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	23:00 hours – 00:30 hours each day 10:00 hours New Year’s Eve – 24:00 hours New Year’s Day

	Supply of Alcohol	10:00 hours – 24:00 hours each day 10:00 hours New Year’s Eve – 24:00 hours New Year’s Day

	Other Times Premises Proposed To Be Open To The Public	10:00 hours – 00:30 hours each day 10:00 hours New Year’s Eve – 24:00 hours New Year’s Day

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

Trade areas monitored regularly.

Thirty minute extension of opening hours following the end of the sale of alcohol to allow customers to disperse.

Proof of age cards asked for when in doubt.

Zero tolerance to anti social behaviour, drunken, quarrelsome and violent persons.

Public Safety

Tables cleared regularly.

Clear gangways to emergency exits will be maintained.

Premises are equipped with emergency lighting and exits clearly signed.

The Prevention of Public Nuisance

The premise is detached and stands in large ground which minimises noise transfer.

Customers are encouraged to leave quietly at the end of each evening.

If necessary requests are made for delivery of goods at reasonable hours.

The garden will be closed at 23:00 hours.

The doors and windows will be closed at 23:00 hours.

The Protection of Children From Harm

Unaccompanied children not allowed on the premises.

Proof of age required for anyone appearing to be under 18.

Staff training on acceptable ID.

Children to be off the premises by 21:00 hours.

“No under 18” stickers be placed on AWP machines.

No “adult” shows.

All trade areas regularly checked.

2. LOCATION AND SITE CHARACTERISTICS

The New Inn is a “typical village public house” situated on the main road through Shalfleet village. The building is detached and consists of a lounge bar, snug and upper galley area. Entrance to the premises is to the side of the building from Mill Road. There is an outside raised garden area with seating where alcohol may be consumed and there are several small benches either side of the main entrance of the premises for the use of customers. The premises also have a small car park to the rear of the premises in front of and below the raised garden. (Appendix 2)

3. RELEVANT REPRESENTATIONS

Responsible Authorities

Police	No outstanding representations

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 (Appendix 3)
Mr Martin Young The Old Malthouse 1 Mill Road Shalfleet Newport Isle of Wight PO30 4NE	Concerned about potential noise disturbance from customers when using the garden or when congregating outside the premises during the evening. Concerned about potential noise disturbance from vehicles when leaving the car park. Also concerned about possible odour nuisance from the kitchen and potential noise disturbance from the extraction system.

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, 3.12
Clause 4	Approach to Licensing Applications	4.1, 4.2, 4.3, 4.5
Clause 5	Cumulative Effect	N/A
Clause 6	Representation, Reviews and Appeals	6.1
Clause 7	Enforcement	7.1
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 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.

Article 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 Licensing Sub 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 Licensing Sub Committee will have to balance the rights of the resident 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

No issues have been raised in connection with this objective.

Prevention of Public Nuisance

The objector claims that the potential for noise disturbance may be increased if hours are extended due to customers using the garden or congregating outside the premises, from vehicles when leaving the car park and from the kitchen extraction system. The objector is also concerned about the potential for nuisance as a result of odours from the kitchen.

Public Safety

No issues have been raised in connection with this objective.

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 and map of the premises
3	Letter of objection

9. ADDITIONAL INFORMATION

The premises currently has a Justices ‘On Licence’ and a Supper Hours Certificate which permits the sale of alcohol to take place to persons taking substantial refreshment, for a further one hour after current permitted hours, i.e. until midnight Monday – Saturday and until 23:30 hours on Sunday. The Supper Hours Certificate also extends the current twenty minute ‘drinking up’ period to thirty minutes for those persons.

The applicant is applying to remove the restriction attached to this and to extend the period in which hot food and drink may be sold by a further thirty minutes and for the inclusion on their licence of regulated entertainment, these activities are shown on page 1 and 2 of this report.

The only matter for your consideration today is the representation made by the ‘interested party’ in relation to the issue of potential public nuisance

Contact Point:

Andrea Colebrook

Ext 5154

ROB OWEN

Head of Consumer Protection