1. DETAILS OF THE APPLICATION

Applicant	Nicola Stella Floyd and Scott Daniel Gray
Premises	The Vine Inn, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ
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

Nicola Stella Floyd

The Vine Inn, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not applicable
(b)	Films	Not applicable
(c)	Indoor Sporting Events	Not applicable
(d)	Boxing or Wrestling	Not applicable
(e)	Live Music	See (h) below
(f)	Recorded music	See (h) below
(g)	Performances of Dance	See (h) below
(h)	Anything similar to (e) (f) (g) above	Sunday to Monday: 10:00 to 02:00 hrs

	Provision of Entertainment Facilities
(i)	making music	See (k) below
(j)	dancing	See (k) below
(k)	entertainment similar to (i) & (j) above	Sunday to Monday: 10:00 to 02:00 hrs
	Late Night Refreshment	Sunday to Monday: 23:00 to 02:00 hrs
	Supply of Alcohol	Sunday to Monday 10:00 to 02:00 hrs
	Other Times Premises Proposed To Be Open To The Public	Sunday to Monday 10:00 to 02:00 hrs

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

· The applicants have not identified any additional steps that they intend to take.

Public Safety

· The applicants have not identified any additional steps that they intend to take. However they state that the risk of slips, trips, falls and electrical safety have been assessed by way of a risk assessment.

· The applicants state that limited car parking has also been assessed by way of a risk assessment.

The applicants do not intend to hold firework displays.

The Prevention of Public Nuisance

The applicants have identified a noise disturbance, which is caused by a kitchen extractor fan and state that an estimate has been obtained to remedy the noise nuisance.

The applicants have not identified any additional steps that they intend to take in respect of noise from any entertainment or customers leaving the premises.

The Protection of Children From Harm

The applicants state that persons who appear to be under the age of 21 years will be asked to produce identification.

2. LOCATION AND SITE CHARACTERISTICS

The Vine Inn is a public house situated in the village of St Helens. The building is situated in a residential area opposite the village green and public car park. The Vine Inn comprises a lounge bar with tables and seating for meals and a public bar. To the rear of the premises there is an outside drinking area for the use of customers. (Appendix 2)

3. RELEVANT REPRESENTATIONS

Responsible Authorities
Police	No representations
Environmental Health Officer (Appendix 3)	Noise Nuisance: Recommends a noise limiter or sound integrity report from a qualified acoustician. Recommends doors and windows to remain closed during public entertainment. Recommends signage to be clear and legible. Recommends internal communication procedure to monitor noise. Recommends low odour/low grease category of food.
Fire Safety Officer	No outstanding objections

Planning Officer	No outstanding objections

Trading Standards Officer	No outstanding objections

Health & Safety	No outstanding objections

Children’s Services	No outstanding objections

Interested Parties	Attached as Appendix 4
Mr & Mrs Drewery 6 Hope Cottages, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ	Concerned about the potential noise disturbance from the music emanating from the premises; two extractor fans situated at the rear of the premises and noise from customers when exiting the premises and using the public car park. Concerned about the speed in which public order issues could be dealt with in view of the rural location of the premises.
Mrs Mary Starkey Osborne Cottage, Upper Green Road, St Helens, Isle of Wight, PO33 1UQ	Concerned about the potential noise disturbance from the music emanating from the premises and noise from customers when exiting the premises.
Mrs M. E. Dyer Tutts, Upper Green Road, St Helens, Isle of Wight, PO33 1UQ	Concerned about the potential noise disturbance from the premises and unsociable behaviour.
Mr & Mrs Lutter 2 Hope Cottages, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ	Concerned about the potential noise disturbance from the music emanating from the premises and noise from customers when exiting the premises and using the public car park Concerned about rowdy behaviour. Concerned about an infringement of his rights under Article 8 HRA 1998
D & R Stout 12 Broomlands Close, St Helens, Isle of Wight, PO33 1XH	Concerned about the potential noise disturbance from the music emanating from the premises and potential unsociable behaviour.
Mrs B Anderson 4 Hope Cottages, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ	Concerned about the potential noise disturbance from the music emanating from the premises; two extractor fans situated at the rear of the premises and noise from customers when exiting the premises and using the public car park.
Mr A.& Mrs B. Anderson 4 Hope Cottages, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ	Concerned about the potential noise disturbance from the premises and noise from customers when exiting the premises and using the public car park.
Paula Knight 3 Hope Cottages, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ	Concerned about the potential noise disturbance from the music emanating from the premises; two extractor fans situated at the rear of the premises
Captain R. F. Carpenter 14A Broomlands Close, St Helens, Isle of Wight, PO33 1XH	Concerned about the potential noise disturbance from the music emanating from the premises
Mrs Jane Dauncey Trinity Cottage, Upper Green Road, St Helens, Isle of Wight.	Concerned about the potential disturbance from the noise and unsociable behaviour from customers at the premises.
Mr & Mrs Maitland Vine Cottage, Upper Green Road, St Helens, Isle of Wight, PO33 1UJ	Concerned about the potential disturbance from the noise and unsociable behaviour from customers when leaving the premises.
Mr C & Mrs P Watkins Grove Cottage, Upper Green Road, St Helens, Isle of Wight, PO33 1UQ	Concerned about the lack of police presence to control rowdy and drunken behaviour.
Mrs Lynn Sparks & Mr Gordon Beaney The MilkChurns, 11 Broomlands Close, St. Helens, Ryde, Isle of Wight, PO33 1XH.	Concerned about the potential disturbance from the noise and unsociable behaviour from customers when leaving the premises.
Mr David Chads ‘Sailors’, Upper Green Road, St. Helens, Isle of Wight,	Concerned about an infringement of his rights under Article 8 HRA 1998 Concerned about the potential noise disturbance from the music emanating from the premises; two extractor fans situated at the rear of the premises and noise from customers when exiting the premises and using the public car park.

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 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

Objectors claim that the Vine Inn could attract drinkers from neighbouring towns and villages and thus increase the potential risk of crime and disorder being committed.

Prevention of Public Nuisance

Objectors claim:

That the provision of live music may cause a noise nuisance as the location is generally quiet.

That the noise from customers of the Vine Inn who are using the garden and patio area may cause a noise nuisance if the premises are open until 02:00 hrs.

That the noise from customers leaving the premises and the vehicles leaving the public car park may cause a noise nuisance.

That the noise from the extractor fans may continue to cause a noise nuisance

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

Application Form

Plan of Premises

Comments of the Environmental Health Officer

Letters of Objection

9. ADDITIONAL INFORMATION

The Vine Inn does not currently hold a Public Entertainment Licence.

Contact Point:

David Curtis-Botting

Ext 5155

ROB OWEN

Head of Consumer Protection