Committee: LICENSING SUB-COMMITTEE

Date: 22 SEPTEMBER 2005

Title: APPLICATION FOR CONVERSION AND VARIATION OF PREMISES LICENCE – CHAPMANS, HIGH STREET, VENTNOR, ISLE OF WIGHT

REPORT OF THE HEAD OF CONSUMER PROTECTION

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1. DETAILS OF THE APPLICATION

Applicant	Punch Taverns PLC, Jubilee House, Second Avenue, Burton upon Trent, Staffordshire, DE14 2WF.
Premises	Chapmans, 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

Martha Cecile Creighton

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Monday to Saturday 10:00 hours to 02:00 hours. Sundays 12:00 hours to 02:00 hours. (plays displayed by amateur dramatics)
(b)	Films	N/A
(c)	Indoor Sporting Events	N/A
(d)	Boxing or Wrestling	N/A
(e)	Live Music	Monday to Saturday 10:00 hours to 02:00 hours. Sunday 12:00 hours to 02:00 hours (Amplified or unamplified live music)
(f)	Recorded music	Monday to Saturday 10:00 hours to 02:00 hours. Sunday 12:00 hours to 02:00 hours (Amplified recorded music ancillary to sale of alcohol as in section M of application)
(g)	Performances of Dance	All days 20:00 hours to 02:00 hours (Exotic dancing)
(h)	Anything similar to (e) (f) (g) above	N/A
	Provision of Entertainment Facilities
(i)	making music	N/A
(j)	dancing	Monday to Saturday 10:00 hours to 02:00 hours Sunday 12:00 hours to 02:00 hours
(k)	entertainment similar to (i) & (j) above	Monday to Saturday 10:00 hours to 02:00 hours Sunday 12:00 hours to 02:00 hours (karaoke)
	Late Night Refreshment	N/A
	Supply of Alcohol	Monday to Saturday 10:00 hours to 02:00 hours Sunday 12:00 hours to 02:00 hours
	Hours Premises Proposed To Be Open To The Public	Monday to Saturday 10:00 hours to 02:30 hours Sunday 12:00 hours to 02:30 hours
	For all the above:	A further additional hour into the morning following every Friday, Saturday, Sunday and Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend. A further additional hour into the morning following every Thursday, Friday, Saturday, Sunday and Monday for the Easter Bank Holiday weekend. An additional hour every Christmas Eve and Boxing Day. To reflect New Year’s Eve/Day hours.
	Conditions to be removed	N/A

Steps to promote the licensing objectives

General

Following an assessment of the premises and its surrounding area the following is proposed:

30 minute drinking up time will allow appropriate dispersal, use of lavatories, etc.

In order to further the licensing objectives the licensee reserves the right to move the fire appliances, AWP machines, cigarette machines and or any other similar objects temporarily in a fixed location which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.

The Prevention of Crime & Disorder

Illumination is provided to the exterior areas of the pub.

All interior trading areas are visible to staff from behind the bar servery.

A rota system is in place for checking the toilets regularly.

The licensees/staff monitor customer behaviour especially during busy periods.

Burglar alarm system in place, with censors.

There is 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 displayed.

Drink drive posters on site.

Public Safety

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 electric and gas certificates in place.

Mechanical extraction is provided in each bar with an air cleaner in one bar.

A pest control contract is in place.

The pub has a first aider and first aid facilities.

The pub promotes a licensed taxi service to facilitate its customers making onward journeys.

Maximum effort is placed on providing a smoke free environment with the use of extractors and smoke filters.

HACCP policy in place.

The kitchen staff hold Basic Food Hygiene certificates.

The Prevention of Public Nuisance

There are minimal opening windows in the bar area and all entrance doors have internal lobbies.

When required, staff organise taxis to transport customers home and customers are seen off the premises and encouraged to disperse at closing.

There is one adjoining neighbour, and one public building.

Food preparation is limited to before 22:00 hours and therefore the use of the kitchen extractor is minimal.

We are gradually phasing out standard glasses and replacing with toughened glasses.

The pub has a lobbied entrance which reduces noise emission.

Cellar cooling condenser is positioned in an area so as not to cause nuisance to neighbours and is sound proofed.

Drinking outside will stop at 23:00 hours.

“Please respect our neighbours and leave quietly” sign.

The Protection of Children From Harm

Unaccompanied children are not permitted on the premises and all children are not permitted on the premises after 20:00 hours.

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 machine is positioned in sight of the bar counter.

The AWP and cigarette machines 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 pub is a basic local pub with a large public bar area, and separate pool room. There are facilities for darts and other pub games.

There is a small area for food, which is served daily.

There is an outside drinking area with a barbecue and patio. There are 6-8 tables. Additionally there is seating to the front of the pub for a further 4 tables.

There are no parking facilities.

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 letter from:	J C Powe and C E Powe 144 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	8.5, 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 over documented incidents of violence which have occurred at the premises in the last few months, where the police have become involved, including the licensee’s refusal of police assistance to clear the pub on one occasion, and on another occasion, criminal damage caused by a group of intoxicated people leaving the premises. There is also concern that the premises is one of only a few in Ventnor which is not a member of the Pub Watch scheme.

Prevention of Public Nuisance

The police and objector are concerned that the noise from entertainment to such a late hour and noise at closing time could lead to noise nuisance and to neighbours being unable to sleep.

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

9. ADDITIONAL INFORMATION

The premise currently holds a Justices’ on-licence allowing the sale by retail of alcohol to the public for consumption on and off the premises during the hours of Monday to Saturday 10:00 hours to 23:00 hours, Sundays 12:00 hours to 22:30 hours, New Year’s Eve 10:00 hours to midnight, New Year’s Day midnight to 23:00 hours, Christmas Day 12:00 hours to 15:00 hours and 19:00 hours to 22:30 hours.

The premise also has a Public Entertainment Licence allowing music, dancing and other similar entertainment during the hours of Monday to Wednesday 10:00 hours to 23:00 hours, Thursday to Saturday 10:00 hours to midnight, Sunday 12:00 hours to 22:30 hours. The licence has certain conditions attached.

In summary, the applicants require until 02:00 hours for the sale of alcohol and the provision of regulated entertainment every day of the week, with an extra hour for certain occasions listed, and an additional period of 30 minutes “drinking up” time.

Contact Point:

Sarah MacDonald, Senior Licensing Enforcement Officer

Ext 5156 email: [email protected]

ROB OWEN

Head of Consumer Protection