1. DETAILS OF THE APPLICATION

Applicant

Lake Working Men’s Club

Premises

77 Sandown Road

Lake

Isle of Wight

PO36 9LE

Conversion & Variation Application

This application is for a conversion of the Club Premises Certificate during the transitional period under Schedule 8 paragraph 14(2) of the Licensing Act 2003 and for a variation of the Club Premises Certificate during the transitional period under Schedule 8 paragraph 19(1) of the Licensing Act 2003. (Appendix 1)

The Operating Schedule shows:

Designated Premises Supervisor

Gillian Robinson

Lake Working Men’s Club

77 Sandown Road

Lake

Isle of Wight

PO36 9LE

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Monday to Thursday 11:00 hours until 00:30 hours Friday & Saturday 10:00 hours until 02:00 hours Sunday 10:00 hours until 00:30 hours
(c)	Indoor Sporting Events	Wednesday; Friday & Sunday 19:00 hours until 23:00 hours Saturday 10:00 hours until 18:00 hours Sunday 10:00 hours until 23:00 hours
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	Saturday 20:00 hours until Midnight
(f)	Recorded music	Monday to Friday 11:00 hours until 23:00 hours Saturday 11:00 hours until 20:00 hours Sunday 12:00 hours until 22:30 hours
(g)	Performances of Dance	See (h) below
(h)	Anything similar to (e) (f) (g) above	Sunday to Wednesday 10:00 hours until 23:00 hours Wednesday to Saturday 10:00 hours until 01:00 hours
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Thursday 20:00 hours until 23:00 hours
(k)	entertainment similar to (i) & (j) above	Not Applicable
	Supply of Alcohol Non Standard Timings	Monday to Thursday 11:00 hours until 00:30 hours Friday & Saturday 10:00 hours until 02:00 hours Sunday 10:00 hours until 00:30 hours Bank Holidays 10:00 hours until 02:00 hours

Steps to promote the licensing objectives

General

CCTV surveillance with exterior lighting monitors arrivals & departures at main club door and adjacent car parking area.
Club management, steward and bar staff are informed of the Licensing Act 2003 objectives and statutory requirement to comply with all relevant provisions of the act.

The Prevention of Crime & Disorder

Clubs constitution includes rules governing the conduct of members and their guests. Within and adjacent to the club premises.
Admission to the club is confined to members and bona fide guests and controlled through a computerised door entry system.
Guests arriving unaccompanied are scrutinise by the door person before admission and signing in by the host member.
Club employees are instructed not to admit or serve members and guests who behave in a drunk or disorderly fashion.
Misconduct is reported to the committee to consider action under the clubs disciplinary code.

Public Safety

The club complies with health & safety and fire precaution regulations.
Following risk assessment, preventative and control measures are in place to ensure the safety of members, guests, employees and entertainers while on the premises.
The club complies with advised capacity limits.
Fire action notices are posted.
Emergency escape routes are signposted.

The Prevention of Public Nuisance

Signage is displayed near exits requesting members and guests to respect the needs of local residents by quietly leaving the premises and car park.
When live or recorded music is played, all reasonable steps are taken to avoid disturbance to neighbouring properties.

The Protection of Children From Harm

Persons under the age of 18 are only allowed in the club if accompanied by an adult.
Accompanied children and grandchildren of members may be admitted to the games room.
Door control ensures that children seeking admission to the club for any purpose are accompanied by an adult member.
Young adults applying for membership must satisfy the committee that they are over 18, if necessary by producing proof of age.
Accompanied children and grandchildren of members and their guests may attend a private party in the function room.
Committee members, the club steward and other members of staff are instructed in the offence provisions of the Licensing Act 2003 relating to alcohol and the protection of children.
Signage is posted at all bars prohibiting the direct or indirect supply or delivery of alcohol to children.

2. LOCATION AND SITE CHARACTERISTICS

Lake Working Men’s Club is a detached building situated in a residential area. Access to the building is through a lobbied entrance. The building comprises of two floors. On the ground floor there is a bar area with seating and tables for members and their guests. To the rear of the building there is a billiards room. On the first floor there is a function room with a stage, dance floor and second bar. (Appendix 2)

3. RELEVANT REPRESENTATIONS

Responsible Authorities	(Appendix 3)
Police Sgt G. Mudge Police Station Birmingham Road Cowes Isle of Wight PO31 7BH	Due to unspecified hours for the supply of alcohol during darts home games. 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	No representations outstanding
Fire Safety Officer	No representations outstanding
Planning Officer	No representations outstanding
Trading Standards Officer	No representations outstanding
Health & Safety	No representations outstanding
Children’s Services	No representations outstanding
Interested Parties
Revd Fr Richard Smith 46 Sandown Road Lake Isle of Wight PO36 9JT	· Concerned about noise nuisance from the music emanating premises. · Concerned about noise nuisance from members entering and leaving the premises

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
Clause 7	Enforcement
Clause 8	Operating Schedules	8.1 8.2 8.3 to 8.9 8.13 to 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”.

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:

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

Prevention of Public Nuisance

· The objector claims that if the application is granted it could cause a noise nuisance from music and customers entering and leaving the premises.

Public Safety

None Raised

Protection of Children From Harm

None 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