1. DETAILS OF THE APPLICATION

Applicant

Coralshade Limited

Premises

Bar Bluu

Lower St James Street

Newport

Isle of Wight PO30 5HB

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 Andrew Philip Woodward

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	N/A
(b)	Films	N/A
(c)	Indoor Sporting Events	N/A
(d)	Boxing or Wrestling	N/A
(e)	Live Music	10:00 hours – 05:00 hours
(f)	Recorded music	10:00 hours – 05:00 hours
(g)	Performances of Dance	10:00 hours – 05:00 hours
(h)	Anything similar to (e) (f) (g) above	10:00 hours – 05:00 hours
	Provision of Entertainment Facilities
(i)	making music	10:00 hours – 05:00 hours
(j)	dancing	10:00 hours – 05:00 hours
(k)	entertainment similar to (i) & (j) above	10:00 hours – 05:00 hours
	Late Night Refreshment	23:00 hours – 05:00 hours
	Supply of Alcohol	10:00 hours – 05:00 hours
	Other Times Premises Proposed To Be Open To The Public	10:00 hours – 05:30 hours

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

The operation of these premises does not attract crime and disorder issues. This is borne out by the fact that the police have not had to attend the premises for over 18 months.

Security is not generally provided, but if the risk assessment revealed that on a particular occasion security was required then it would be provided.

Public Safety

The risk to public safety is not as great as in a night club, but it is covered in detail in the risk assessment.

There is no car parking at the premises.

There is not intention to hold fireworks displays.

The areas of slips, trips falls and electrical safety are covered in the risk assessment.

The Prevention of Public Nuisance

The premises have the benefit of air conditioning and the sound system is governed by a sound limiter.

There have been no noise nuisance issues in the recent past.

It is not intended to provide cooked food after 23:00 hours so a nuisance from food odour is unlikely and certainly has not been a problem in the past.

The Protection of Children From Harm

There is no outdoors children’s play equipment at the premises.

Photo identification is requested from anyone who appears to be aged under 18 years.

2. LOCATION AND SITE CHARACTERISTICS

Bar Bluu is a bar/restaurant situated in Lower St James Street in central Newport. The premise adjoins Club Temptation and is set over two floors with the bar situated on the ground floor and the restaurant on the first floor. Entrance to the premises is to the front of the building across a small patio area.

3. RELEVANT REPRESENTATIONS

Responsible Authorities
Police PS Mudge Hampshire Constabulary	Concerned about potential numbers of people in drink in the town centre at 05:30 hours. Also concerned about limited public transport and the lack of police resources that would be available at this time to deal with any crime and disorder issues.
Environmental Health Officer	No representations
Fire Safety Officer	No representations
Planning Officer	No representations
Trading Standards Officer	No representations
Health & Safety	No representations
Children’s Services	No representations
Interested Parties
Miss R Watson & Mr B Murgatroyd Prince of Wales 36 South Street Newport Isle of Wight PO30 1JE	Concerned about potential noise disturbance and anti-social behaviour from customers after leaving the premises when making their way to the bus station and taxi rank opposite their 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	2.1
Clause 3	Integration of Strategies and Other Legislation	3.1, 3.2, 3.4, 3.5, 3.11
Clause 4	Approach to Licensing Applications	All
Clause 5	Cumulative Effect	N/A
Clause 6	Representation, Reviews and Appeals	6.1, 6.6 – 6.8
Clause 7	Enforcement	N/A
Clause 8	Operating Schedules	8.1 – 8.10, 8.13 – 8.16, 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 at 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 a 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 as greater numbers of people many of whom may be in drink will be in the town centre attempting to find a means of transport home when transport at this time is limited. Hampshire Constabulary are concerned that resources will be limited if they have to deal with any incidents as a result of this.

Prevention of Public Nuisance

Objectors claim that the potential for noise nuisance is increased if this application is successful as customers of Club Temptation and Coffee Plus will be leaving the premises at a later hour and may head towards the bus station and taxi rank.

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 Liquor Licensing Panel 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	Map showing location of premises
4	Copy of existing ‘On’ Licence
5	Copy of existing Special Hours Certificate
6	Copy of existing Public Entertainment Licence
7	Representation received from Hampshire Constabulary
8	Police resources report
9	Representation received from Miss Watson & Mr Murgatroyd

9. ADDITIONAL INFORMATION

Bar Bluu currently holds a Justices ‘On’ Licence, a Special Hours Certificate and a Public Entertainment Licence. The premises are permitted to open for the sale of alcohol and the provision of public entertainment between the hours of 10:30 hours – 02:00 hours Monday & Tuesday, 10:30 hours – 03:00 hours Wednesday – Saturday, 10:30 hours – 24:00 hours Sunday, 10:30 hours – 03:00 hours Christmas Eve and 10:30 hours – 06:00 hours New Year’s Eve.

The applicant is applying to extend all licensable activities until 05:00 hours and for the removal of all conditions attached to the Public Entertainment Licence and Special Hours Certificate.

Contact Point:

Andrea Colebrook, Licensing Enforcement Officer

Ext 5154 email: [email protected]