1. DETAILS OF THE APPLICATION

Applicant

Punch Taverns Plc

Premises

Crown Hotel

St Thomas Square

Ryde

Isle of Wight PO33 2PJ

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 Brian Fisher-Lathwell

11 Albert Street

Ryde

Isle of Wight PO33 2SB

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Monday to Thursday 10:30 until 00:01 hours Friday & Saturday 10:30 until 01:00 hours Sunday 12:00 until 23:30 hours
(b)	Films	Not applicable
(c)	Indoor Sporting Events	Monday to Thursday 10:30 until 00:01 hours Friday & Saturday 10:30 until 01:00 hours Sunday 12:00 until 23:30 hours
(d)	Boxing or Wrestling	Monday to Thursday 10:30 until 00:01 hours Friday & Saturday 10:30 until 01:00 hours Sunday 12:00 until 23:30 hours
(e)	Live Music	Monday to Wednesday 11:00 until 23:00 hours Thursday to Saturday 11:00 until 00:01 hours Sunday 12:00 until 23:30 hours
(f)	Recorded Music	Monday to Wednesday 11:00 until 23:00 hours Thursday to Saturday 11:00 until 00:01 hours Sunday 12:00 until 23:30 hours
(g)	Performances of Dance	Monday to Thursday 10:30 until 00:01 hours Friday & Saturday 10:30 until 01:00 hours Sunday 12:00 until 23:30 hours
(h)	Anything similar to (e) (f) (g) above
	Provision of Entertainment Facilities
(i)	Making music
(j)	Dancing	Monday to Thursday 10:30 until 00:01 hours Friday & Saturday 10:30 until 01:00 hours Sunday 12:00 until 23:30 hours
(k)	Entertainment similar to (i) & (j) above	Monday to Thursday 10:30 until 00:01 hours Friday & Saturday 10:30 until 01:00 hours Sunday 12:00 until 23:30 hours
	Late Night Refreshment
	Supply of Alcohol	Monday to Thursday 10:30 until 00:01 hours Friday Saturday 10:30 until 02:00 hours Sunday 12:00 until 23:30 hours
	Other Times Premises Proposed To Be Open To The Public	Monday to Thursday 10:30 until 00:30 hours Friday Saturday 10:30 until 02:30 hours Sunday 12:00 until 00:01 hours
	Non Standard Timings Applicable To All Activities	Every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday Weekend to extend the finish time until 03:00 hours. Thursday Friday, Saturday, Sunday and Monday on Easter Bank Holiday Weekend to extend the finish time until 03:00 hours. Christmas Eve to extend the finish time by a further additional 2 hours. One hour before, until one hour after international live televised sporting events for football, rugby, motor racing, boxing, athletics, cricket and golf.
	Conditions That Could Be Removed	Removal of condition of Supper Hours Certificate that the sale of alcohol must be ancillary to the provision of substantial refreshment Removal of condition of Special Hours Certificate that the sale of alcohol must be ancillary to the provision of music, dancing and substantial refreshment.

Steps to Promote the Licensing Objectives

The Prevention of Crime & Disorder

Illumination is provided to the exterior areas of the pub.
A rota system is in place for checking the toilets / toilets checked regularly.
The licensees/staff monitor customer behaviour especially during busy periods.
CCTV currently monitoring the interior of bar, live.
Burglar alarm system in place, alarmed doors and windows.
There are always a minimum of two staff on duty at any one time.
Toilets access is clearly visible from the bar.
Drug prevention measures are employed and signs are displayed.
Driver’s shelf with selection of soft drinks.
Drink-drive posters on site.
Door staff are employed Saturdays & Bank Holidays from 19:00 until closing.

Public Safety

Health & safety policy in place and adhered to. A quarterly risk assessment carried out.
The pub is equipped with emergency lighting, illuminated exit signs and a fire detection system throughout the entire building. All fire fighting equipment is serviced annually and there is a contract in place with Wight Fire.
A fire alarm test is carried out weekly. All portable electrical appliances are tested annually.
There are current electrical and gas certificates in place.
Mechanical extraction is provided in each bar with an air cleaner in one bar.
The pub has a person trained in first aid and first aid facilities.
The pub promotes a licensed taxi service to facilitate its customers making onward journeys.
Accident/incident book on site for staff and public.
Maximum effort is placed on providing a smoke free environment with the use of extractors and smoke filters.
HACCP policy in place. All kitchen staff hold Basic Food Hygiene certificates.
Staff are trained in disability policy and assistance is always available.

The Prevention of Public Nuisance

A noise survey is carried out regularly especially when entertainment is being provided.
When required, staff organise taxis to transport customers home and customers are seen off the premises and encouraged to disperse after closing.
The fact that this public house is an end of terrace, attached to offices, assists in minimising noise transfer to neighbours.
Food preparation is limited to 22:00 and therefore the use of kitchen extraction is minimal.
Gradual phasing out of standard glasses and replacing with toughened glasses.
Noise limiter in place.
Cellar cooling condenser is positioned in an area so as not to cause nuisance to neighbours / is sound proofed.
Drinking outside will mirror opening hours. Live music will stop at 23:00 hrs as per current PEL.

The Protection of Children From Harm

Unaccompanied children are not permitted on the premises.
The outside area is completely enclosed and accessed through the lounge bar.
Children are not permitted in the bar, save access to garden and use of toilets.
AWP is situated in sight of the bar counter.
The AWP and cigarette machine are in close proximity to the bar counter and therefore easily observed.
Pub has children’s menu and suitable soft drinks to promote family atmosphere.

2. LOCATION AND SITE CHARACTERISTICS

The Crown Hotel is situated on the main street in Ryde. The building is situated at the end of terrace with offices to one side. There are a number of residential properties in the immediate vicinity in addition to a number of commercial properties. The building comprises of a bar and restaurant area on the ground floor. Entry to the building is through a lobbied doorway. To the rear of the main bar there is a pool room and to the rear of the building on the same level, there is an outside seating area for the use of customers. On the first floor there is lounge for the customer’s use with access from the main bar via a flight of stairs.

(Appendix 2)

3. RELEVANT REPRESENTATIONS

Responsible Authorities
Police (Appendix 3) Sgt G. Mudge Police Station Birmingham Road Cowes Isle of Wight PO31 7BH	Prevention of Crime & Disorder and the Prevention of Public Nuisance Due to unspecified hours for the supply of alcohol during televised sporting events the. Recommendation: 1) A limit of 12 extensions per year 2) An operating plan to cover the additional measures to be taken to manage crime and disorder 3) Seven days notice to be given to the Police and Licensing Authority of the proposal to use extended hours. 4) An absolute veto for police in respect of any of the occasions.
Environmental Health Officer (Appendix 4) Mr Gareth Davies Principal Environmental Health Practitioner Jubilee Stores The Quay Newport Isle of Wight PO30 2EH	Noise Nuisance: Recommendation: that prior to any public entertainment taking place after 23:00 hours, either a) a noise limiter shall be installed or b) a sound integrity report from a qualified acoustician be carried out and the recommendations acted upon. Recommendation: doors and windows to remain closed during public entertainment. Recommendation: internal communication procedure to be in place to receive and respond to noise complaints. Recommendation: prominent, clear and legible notices to be displayed at all exits requesting the public to request the needs of local residents and to leave the premises and the area quietly.
Fire Safety Officer	No representations outstanding
Planning Officer	No representations outstanding
Trading Standards Officer (Appendix 5)	Protection of Children From Harm: Recommendation: 1) Train all staff on the law, how to question and refuse sales if necessary and keep records of training and reminders given. 2) Give advice to staff about the Age ID cards that are acceptable and encourage staff to “think 21”. 3) Attend seminar on due diligence in the licensed environment with the police and Council’s licensing department.
Health & Safety	No representations outstanding
Children’s Services	No representations outstanding
Interested Parties	No representations outstanding

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	6.6 to 6.8
Clause 7	Enforcement
Clause 8	Operating Schedules	8.1 to 8.10 8.13 to 8.20 8.23 to 8.33

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”.

Article 8 is relevant in this case, as the Licensing 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 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:

The Prevention of Crime & Disorder

The Police raise concerns that unspecified hours could give rise to crime & disorder issues.

Prevention of Public Nuisance

The Principal Environmental Health Practitioner raises concerns that ambient noise is very much lower after 23:00 hours and that there are properties within 30 metres of the applicant’s premise, which may be disturbed by amplified noise late at night.

The Police raise concerns that unspecified hours could give rise to public nuisance issues.

Public Safety

No representations

Protection of Children From Harm

The Senior Trading Standards Inspector raises concerns over sales of alcohol to those persons under the age of 18 years.

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	Objections of the Police
4	Objections of the Environmental Health Department
5	Objections of the Trading Standards Department
6	Copy Of Existing Public Entertainment Licence