1. DETAILS OF THE APPLICATION

Applicant

Mr David John Green

Premises

United Kingdom Sailing Academy

Arctic Road

Cowes

Isle of Wight PO31 7PQ

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.

The Operating Schedule shows:

Designated Premises Supervisor

Mr David John Green

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	18:00 hours – 21:00 hours
(b)	Films	09:00 hours – 00:45 hours
(c)	Indoor Sporting Events	09:00 hours – 20:00 hours
(d)	Boxing or Wrestling	N/A
(e)	Live Music	11:00 hours – 24:00 hours Sunday – Thursday 11:00 hours – 01:00 hours Friday & Saturday
(f)	Recorded music	09:00 hours – 24:00 hours Sunday – Thursday 09:00 hours – 01:00 hours Friday & Saturday
(g)	Performances of Dance	09:00 hours – 01:00 hours
(h)	Anything similar to (e) (f) (g) above	09:00 hours – 24:00 hours Sunday – Thursday 09:00 hours – 01:00 hours Friday & Saturday
	Provision of Entertainment Facilities
(i)	making music	18:00 hours – 24:00 hours Sunday – Thursday 18:00 hours – 01:00 hours Friday & Saturday
(j)	dancing	09:00 hours – 24:00 hours Sunday – Thursday 09:00 hours – 01:00 hours Friday & Saturday
(k)	entertainment similar to (i) & (j) above	18:00 hours – 24:00 hours Sunday – Thursday 18:00 hours – 01:00 hours Friday & Saturday

	Late Night Refreshment	23:00 hours – 24:00 hours Sunday – Thursday 23:00 hours – 01:00 hours Friday & Saturday
	Supply of Alcohol	10:30 hours – 24:00 hours Sunday – Thursday 10:30 hours – 01:00 hours Friday & Saturday 10:30 hours – 02:00 hours – Cowes Week & New Year’s Eve
	Other Times Premises Proposed To Be Open To The Public	10:30 hours – 00:30 hours Sunday – Thursday 10:30 hours – 01:30 hours Friday & Saturday 10:30 hours – 02:30 hours Cowes Week and New Year’s Eve

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

Please see appendix 2

Public Safety

Please see appendix 2

The Prevention of Public Nuisance

Please see appendix 2

The Protection of Children From Harm

Please see appendix 2

2. LOCATION AND SITE CHARACTERISTICS

The United Kingdom Sailing Academy is a residential charitable sail training academy situated in a residential area on the West Cowes side of the River Medina. Licensable activities take place in the bar situated in the main academy building and on the decking outside the accommodation block of Lister House. The bar is located on the first floor and to the rear of the main building and has doors that open onto a balcony overlooking the river. There are several other buildings belonging to the academy that surround the main building such as stores, offices and accommodation and combined these buildings screen the main building from the road.

3. RELEVANT REPRESENTATIONS

Responsible Authorities
Police	No representations outstanding
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
S Park 234 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance from customers when leaving the premises
Ms Di Daniels 234 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance from customers when leaving the premises.
Miss E Huey & Mr E Olson 236 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance from customers when leaving the premises. Also concerned about noise from bottle bins being emptied early in the morning.
Ms C Tetley 237 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance from functions held at the premises. Also concerned about potential noise disturbance from children who she claims have on occasion been left to run about the premises unsupervised late at night.
G Dunkling & R Dunkling 246 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance from customers when leaving the premises.
S Webber & B Drake 247 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance.
Ms V Roberts 262a Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance.
Mrs T Ambler 262b Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance. Also concerned about potential for anti-social behaviour after alcohol is consumed, in particular damage to vehicles.
Mr & Mrs Appell 263 Arctic Road Cowes Isle of Wight PO31 7PQ	Concerned about potential noise disturbance from the premises and from vehicles when entering and leaving the 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	2.1
Clause 3	Integration of Strategies and Other Legislation	3.1, 3.2, 3.4, 3.11
Clause 4	Approach to Licensing Applications	All
Clause 5	Cumulative Effect	N/A
Clause 6	Representation, Reviews and Appeals	6.6 – 6.8
Clause 7	Enforcement	N/A
Clause 8	Operating Schedules	8.1, 8.2, 8.3 – 8.10, 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 residents against the applicant’s right to run their business.

Article 1 is particularly relevant in this case because a licence is viewed as a possession.

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 potential for crime and disorder is increased if this application is successful due to greater amounts of alcohol being consumed. In particular they are concerned about possible damage to vehicles.

Prevention of Public Nuisance

Objectors claim that the noise from customers when arriving at or leaving the premises both on foot and by vehicle may cause a nuisance to residents.

Objectors also claim that the noise from functions held at the premises may cause a nuisance to residents.

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	Operating Schedule
3	Plan of the premises
4	Map showing location of premises
5	Copy of existing Justices ‘On’ Licence
6	Copy of existing Public Entertainment Licence
7	Copy of relevant representations received

9. ADDITIONAL INFORMATION

The United Kingdom Sailing Academy currently holds a Justices ‘On’ Licence and operates to existing national licensing hours. In addition to this the premises has a Public Entertainment Licence permitting entertainment each day between 17:00 hours and 23:45 hours. The applicants have applied to extend the hours for regulated entertainment and the supply of alcohol and to include late night refreshment, details of the hours being requested can be found on pages 1 & 2 of this report.

The applicant has agreed to all of the following conditions at the request of the Environmental Health Department;

i) a noise limiter for any entertainment after 23:00 hours

ii) prominent, clear and legible notices to be displayed at all exits requesting customers leave the premises quietly

iii) all open air entertainments will cease at 20:00 hours (unless the applicant is agreeable to the installation of a lower noise limiter) with the exception of Cowes Week when entertainment may take place until 23:45 hours.

iv) An internal communications procedure to record any complaints received and action taken to deal with the complaint.

The only matters for consideration today are the representations made by the interested parties in relation to the issues of potential public nuisance and crime and disorder.

Contact Point:

Andrea Colebrook, Licensing Enforcement Officer

Ext 5154 email: andrea.colebrook:iow.gov.uk

ROB OWEN

Head of Consumer Protection