PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 1 DECEMBER 2003

Title: APPLICATION FOR THE RENEWAL OF THE PUBLIC ENTERTAINMENT LICENCE FOR QUAY ARTS, SEA STREET, NEWPORT

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an application for the renewal of the Public Entertainment Licence for Quay Arts, Sea Street, Newport (Appendix 1).

DETAILS OF THE APPLICATION

2. An application has been received from Mr Derrick Swindon for the renewal of the Public Entertainment Licence in respect of Quay Arts, Sea Street, Newport.

3. Times requested by the applicant are set out below:

Monday – Saturday: 1000 hours – 2300 hours

Sunday: 1000 hours – 2230 hours

There is no change to the current permitted hours.

4. The Licensing Justices have granted a Liquor Licence for the hours as set out below:

Monday – Saturday: 1000 hours – 2300 hours

Sunday: 1200 hours – 2230 hours

LOCATION AND SITE CHARACTERISTICS

5. A plan showing the premises and the surrounding area is attached as Appendix 2.

6. There are four premises licensed for Public Entertainment in the vicinity, the two closest premises are licensed until 2300 hours Monday – Saturday and 2230 hours on Sunday. The other two premises are various times, the latest being 0230 hours the following morning.

RELEVANT HISTORY

7. These premises have held a Public Entertainment Licence for at least five years.

8. No noise complaints have been recorded against these premises in the last ten months.

COUNCIL POLICY

9. All Public Entertainment applications where letters of comment are received are placed before the Licensing Panel for consideration.

FORMAL CONSULTATION

10. The Hampshire Constabulary have confirmed that they have no objection to this application.

11. The Council’s Environmental Protection Section have been advised of the application and have confirmed that they have no objection to this application.

12. The local Councillor has been advised of the application, however, no comments have been received.

13. The Isle of Wight Fire and Rescue Service have been advised of the application and have confirmed that they have no objection to the subsequent renewal of the Licence.

THIRD PARTY REPRESENTATIONS

14. The application has been advertised in the Isle of Wight County Press and one letter of objection has been received, a copy of the correspondence is attached. (Appendix 3)

15. A copy of the objection has been sent to the applicant who has been requested to attend the meeting to answer any questions Members may have. The applicant has also submitted written comments in support of the application (Appendix 4) and has advised that Mr Stephen Munn, Centre Director and Mr Ian Gregory, Operations Manager will be attending the meeting.

16. The objector has been informed of the time, date and location of the meeting should he wish to attend.

FINANCIAL IMPLICATIONS

17. Broadly, Council expenditure on Licensing matters, and in particular those that are administered and enforced through Consumer Protection, balances income received from licence fees.

LEGAL IMPLICATIONS

18. Legislation governing Public Entertainment Licensing is set out below:

Local Government (Miscellaneous Provisions) Act 1982

Schedule 1 – Licensing of public entertainments

a) Paragraphs 1 (1)(2)(3): An entertainments licence is required for any public dancing or music or any other public entertainment of a like kind, unless it is music performed in a place of religious worship or as an incident of a religious meeting or service.

b) Paragraph 1 (4): The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it on such terms and conditions and subject to such restrictions as may be so specified.

c) Paragraph 6 (3): An applicant for the grant, renewal or transfer of an entertainments licence shall furnish such particulars and give such other notices as the appropriate authority may by regulation prescribe.

There is no express provision in the Act for the making of objections by other third parties. It will commonly be found, however, that local authorities have used the power given to them by this paragraph to require applicants to give public notice of their applications.

This Council therefore advertised applications in the Official Notices section of the local paper inviting comments from local residents who may consider that they would be unreasonably affected. In addition, the Council’s Environmental Protection Section is consulted to assess the structural acoustic suitability of the premises having regard to any noise sensitive accommodation in the nearby vicinity that may be affected by the provision of the entertainment, and the local Councillor and Town or Parish Council are consulted.

d) Paragraph 6 (4): In considering any application for the grant, renewal or transfer of an entertainments licence, the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and by the fire authority.

The police and fire authority must be given notice of an application (sub-paragraphs (1) and (2)) and the local authority is required to have regard to any observations submitted by them.

19. Members are aware that local opposition or support (in whatever form) for a proposal is not in itself grounds for refusing or granting a licensing permission, unless that opposition or support is based upon valid reasons and concerns which can be sustained.

20. Each application should be considered individually so as to comply with the rules of Natural Justice.

21. In arriving at their decision the Panel will have taken into account all relevant matters, and not taken into account any irrelevant matters.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

22. Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

23. Members are advised that this application must be considered against a 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 Panel 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.

Article 8 is particularly relevant to this matter because by renewing the Public Entertainment Licence the Panel will have to balance the rights of the residents against the applicant’s rights to run his business

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”.

Article 1 has particular relevance in this matter, as a Public Entertainment Licence is a possession.

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d) The Panel needs to be clear as 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.

OPTIONS

24. To renew the licence for the hours requested by the applicant.

25. To vary the hours requested by the applicant having regard to the objection and other relevant information.

26. To renew the licence subject to the Council’s standard terms and conditions along with any additional conditions the Licensing Panel believe to be reasonable.

27. To renew the licence for a period of less than one year.

28. To refuse the application to renew the Public Entertainment Licence.

EVALUATIONS/RISK MANAGEMENT

29. Officers have considered the implications under the Human Rights Act and the Local Government (Miscellaneous Provisions) Act 1982. and it would appear that complaints are not always the result of breaches of the Council’s Licence Conditions. Additional conditions could result in the loss of this venue and possible closure of a cultural centre.

30. It is the applicants’ responsibility to carry out a risk assessment.

RECOMMENDATIONS

31. To grant the application on the same terms and conditions as at present.