1.
DETAILS
OF THE APPLICATION
|
Applicant |
Coralshade Limited |
|
Premises |
Bar Bluu Lower St James Street Newport Isle of Wight PO30 5HB |
|
Variation
Application |
This
application is for a variation of a Premises Licence under Section 34(1) 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 |
24
hours each day |
|||
|
(f) |
Recorded
music |
24
hours each day |
|||
|
(g) |
Performances
of Dance |
24
hours each day |
|||
|
(h) |
Anything
similar to (e) (f) (g) above |
24
hours each day |
|||
|
|
|
|
|||
|
|
Provision of Entertainment
Facilities |
|
|||
|
|
|
|
|||
|
(i) |
making
music |
24
hours each day |
|||
|
(j) |
dancing |
24
hours each day |
|||
|
(k) |
entertainment
similar to (i) & (j) above |
24
hours each day |
|||
|
|
|
|
|||
|
|
Late Night Refreshment |
Monday
– Sunday 23:00
hours – 05:00 hours |
|||
|
|
Supply of Alcohol |
24
hours each day |
|||
|
|
|
|
|||
|
|
Other Times Premises
Proposed To Be Open To The Public |
24
hours each day |
|||
Steps
to promote the licensing objectives
|
The Prevention of Crime
& Disorder |
|
No
additional steps have been identified as being required to any of the four
licensing objectives by this application. |
|
|
|
Public Safety As
above. |
|
|
|
The Prevention of Public
Nuisance |
|
As
above. |
|
|
|
The Protection of Children
From Harm |
|
As
above. |
2. LOCATION AND SITE CHARACTERISTICS
|
Bar Bluu is a
bar/restaurant situated in Lower St James Street in central Newport. The premise is adjacent to 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 Jubilee Stores The Quay Newport Isle of Wight PO30 2EH |
The police objection states that it is
believed this application to vary heralds a change in the style of premises
from a lower risk venue to one which can be compared with the currently
closed Temptations nightclub next door.
They are concerned about the potential for crime and disorder and also
the potential for public nuisance. |
|
|
|
|
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 |
No representations |
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 |
All |
|
Clause
3 |
Integration of Strategies and Other
Legislation |
3.1, 3.2, 3.4, 3.5, 3.10, 3.11 |
|
Clause
4 |
Approach to Licensing Applications |
4.1, 4.2, 4.3, 4.5 |
|
Clause
5 |
Cumulative Effect |
N/A |
|
Clause
6 |
Representation, Reviews and Appeals |
6.1, 6.6, 6.7, 6.8 |
|
Clause
7 |
Enforcement |
All |
|
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.
(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.
(c)
Article
1 of the First Protocol Protection of Property –
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”.
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
|
The police representation states that the change
in style of the premises may increase it from a lower risk premises to a
higher risk venue. |
Prevention of Public
Nuisance
|
The police have indicated on their report that
their representations are relevant to this licensing objective. |
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.
|
A |
Application form |
|
B |
Plan of the premises |
|
C |
Copy of Premises Licence for Bar Bluu (Part A) |
|
D |
Copy of Premises Licence for Bar Bluu (Part B) |
|
E |
Representation received from Hampshire
Constabulary |
9. ADDITIONAL INFORMATION
|
Bar Bluu currently has a
Premises Licence which authorises regulated entertainment and the sale of
alcohol between 1000 hours and 0400 hours each day. Late night refreshment is also authorised between the hours of
2300 hours and 0400 hours each day. A copy of the Premises
Licence has been attached to this report. |
Contact
Point:
|
Andrea
Colebrook |
Ext
5154 |
ROB
OWEN
Head
of Consumer Protection