1. DETAILS OF THE APPLICATION

Applicant

Royal London Yacht Club

Premises

Royal London Yacht Club

The Parade

Cowes

Isle of Wight

Conversion & Variation Application

This application is for a conversion of a 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.

The Operating Schedule shows:

Designated Premises Supervisor

N/A

	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	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(f)	Recorded music	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(g)	Performances of Dance	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(h)	Anything similar to (e) (f) (g) above	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
	Provision of Entertainment Facilities
		Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(i)	making music	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(j)	dancing	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(k)	entertainment similar to (i) & (j) above	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
	Late Night Refreshment	N/A
	Supply of Alcohol	Sunday – Thursday 10:00 – 23:00 hours Friday 10:00 – 01:00 hours Saturday 10:00 – 02:00 hours Cowes Week 10:00 – 02:00 hours Bank Holiday Weekend Sundays 10:00 – 01:00 hours New Years Eve 10:00 – 02:00 hours Formal Christmas Dinner 10:00 – 01:00 hours Laying Up Dinner 10:00 – 01:00 hours Fitting Out Dinner 10:00 – 01:00 hours AGM & Adelaide Dinner 10:00 – 01:00 hours Valentines Party 10:00 – 01:00 hours Cowes Week Ball 10:00 – 02:30 hours Powerboat Weekend 10:00 – 01:00 hours
	Other Times Premises Proposed To Be Open To The Public	N/A

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

Guest lists will be required for all private functions by organisations or individuals who are not members.

CCTV cameras are trained on the main entrance lobby to record entry and exit of all persons.

The name and address of any guest is recorded and guests are to be signed in by a member who is responsible for their behaviour and observance of Club Rules.

Public Safety

There are no areas accessible by the general public.

Member’s areas are well maintained with adequate lighting and fixed carpets.

Refuse and bottle storage areas are controlled within the premises, and only put out when collection is due.

The Prevention of Public Nuisance

Noise and light pollution can be controlled by ensuring outer doors are kept closed and any flashing lights are contained within the room where the entertainment is being provided. In warm weather, portable air conditioning units can be used to provide ventilation.

The Protection of Children From Harm

Children are allowed into the Club House under the care of their parents, guardian or Host Member who is responsible for their behaviour and well being.

Staff will be instructed to ask for age identification for any young person who appears to be under the age of 18. Club rule 6.6. prohibits any Cadet Member or any other person under the age of 18 to be supplied with, or to consume intoxicating liquor on the Club premises.

2. LOCATION AND SITE CHARACTERISTICS

The Royal London Yacht Club is a private members club located on Cowes Parade. The premise is a Victorian terrace property spread over four floors and situated between residential and business properties. Entrance to the premises is through lobby style doors to the front. Entertainment is held inside the premises and may on occasion be extended via a marquee which adjoins the premises.

3. RELEVANT REPRESENTATIONS

Responsible Authorities

Police	No representations

Environmental Health Officer Mr Gareth Davies Principal Environmental Health Practitioner Jubilee Stores The Quay Newport Isle of Wight PO30 2EH	Recommendation: that prior to any public entertainment taking place after 23:00 hours, either a) a noise limiter shall be installed or b) a sound integrity report from a qualified acoustician be carried out and the recommendations acted upon. Recommendation: that no entertainment shall take place inside the premises after 23:00 hours until all external doors and windows are fully closed. Recommendation: that prominent, clear and legible notices shall be displayed at all exits requesting customers to respect the needs of local residents by leaving the premises and the area quietly. Recommendation: that an internal communications procedure shall be set up whereby all public nuisance complaints received shall be recorded in a log book containing the time of complaint, date, complainant’s name and address (where provided) along with the action taken by the responsible person to deal with the complaint.

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
Mr Hugh Maclean & Ms Penny Ross 10 The Gloster The Parade Cowes Isle of Wight PO31 7QD	Concerned about potential noise disturbance from entertainment held at the club and from persons when leaving the premises. Also concerned about potential noise disturbance from members of staff when disposing of refuse, particularly bottles into external bins during the early hours of the morning.

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, 8.13 – 8.19, 8.22

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 magistrate’s 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 Club Premises Certificate, 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.

1	Application form
2	Plan of the premises
3	Map showing location of premises
4	Representation made by Environmental Health
5	Representation made by Interested Party
6	Copy of existing Club Registration Certificate

PAPER A

Purpose : For Decision

Committee: LICENSING SUB COMMITTEE

Date: 6 OCTOBER 2005

Title: APPLICATION FOR A CONVERSION OF A CLUB PREMISES CERTIFICATE FOR THE ROYAL LONDON YACHT CLUB, THE PARADE, COWES, ISLE OF WIGHT, PO31 7QS

REPORT OF THE HEAD OF CONSUMER PROTECTION