PAPER B1
Purpose: For Decision
Committee: LICENSING
COMMITTEE
Date: 1 FEBRUARY 2005
Title: APPLICATION
FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR WIGHT ROCK BAR
REPORT OF THE HEAD OF CONSUMER PROTECTION
PURPOSE/REASON
1. To consider an application for the
grant of a Public Entertainment Licence for The Wight Rock Bar, The Cellar, The
Colonnade, Lind Street, Ryde, Isle of Wight.
DETAILS OF THE APPLICATION
2. An application has been
received from Shaun Newnham and Deborah Newnham for the grant of a Public
Entertainment Licence in respect of The Wight Rock Bar, The Cellar, The
Colonnade, Lind Street, Ryde, Isle of Wight (Appendix 1).
3. Times requested by the applicant are
set out below:
Monday – Saturday: 1900
hours – 2300 hours
Sunday: 1200 hours – 1400
hours and 1900 hours – 2230 hours.
4. Details
of existing Licence:
Monday
– Saturday: 1030 hours – 2300 hours
Sunday: 1200 hours – 2230
hours
LOCATION
AND SITE CHARACTERISTICS
5. The premise is situated in the Cellar,
The Colonnade, Lind Street, Ryde and is surrounded by both commercial and
residential premises. There are two
other premises that hold Public Entertainment Licences in close proximity. The
Crown Hotel which is licensed until 2300 hours Monday – Saturday and 2230 hours
Sunday; and Ryde Theatre which is licensed all days until 0200 hours. There are several other premises licensed
in Union Street.
RELEVANT
HISTORY
6. The premise has been licensed for
Public Entertainment in the past, but has not held a licence for several
years. When the premise was licensed
under various licensees it has repeatedly been the source of justified
complaints resulting in enforcement action and the eventual closure of the premise.
COUNCIL
POLICY
7. All Public Entertainment applications where comments or objections are received are placed before the Licensing Committee for consideration.
8. Copies
of the objections\comments have been sent to the applicants who have been
requested to attend the meeting to answer any questions Members may have.
FORMAL CONSULTATION
9. The Hampshire
Constabulary have confirmed that they have no objection to this application.
10. The Isle of Wight Fire
and Rescue have been advised of the application and have confirmed that they have
no objection to this application subject to works being implemented. A copy of their comments is attached (Appendix 2).
11. Environmental Health have been advised of
the application and have recommended that the application be refused due to
enforcement action having been taken in the past in respect of noise from
commercial use of the premises. Before
they could recommend the issue of a licence they would need to be satisfied
that noise control measures would be sufficiently rigorous to prevent
disturbance to neighbouring residential premises. A copy of their comments is attached (Appendix
3). An Officer has been requested
to attend the meeting to answer any questions members may have.
12. The Council’s Building Control Department
have been advised of the application and have advised that they cannot make any
comments until a final inspection has been done. The Building Control Department would want to see all fire
precaution and drainage works completed before issuing a completion certificate
and the issue of a Public Entertainment Licence.
13.
The applicants have submitted written representation regarding
Environmental Health’s comments, a copy of which is attached (Appendix 4) and a further letter dated 22 January 2005,
following a meeting with the Principal Licensing Officer on 21 January 2005 (Appendix 5).
14. The local Councillor has been advised of
the application, however, no comments have been received.
15 Crime and Disorder have been advised of
the application, however, at the time of writing the report no comments had
been received.
THIRD PARTY REPRESENTATIONS
16. The application has been
advertised in the Isle of Wight County Press and no letters of objection have
been received.
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, Environmental Health is
consulted to assess the potential for unreasonable noise disturbance from
entertainment at the premises having regard to any noise sensitive
accommodation in the vicinity, 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.
IMPLICATIONS
UNDER THE CRIME AND DISORDER ACT 1998
21 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
22. 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 Committee 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 in 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”.
d) The Committee 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.
Article 8 is
particularly relevant in this case because in considering whether to grant a
Public Entertainment Licence, the Committee will have to balance the rights of
residents against the applicants’ right to run their business.
OPTIONS
23. To grant the licence for
the hours requested by the applicant.
24. To vary the hours
requested by the applicant having regard to the objections and other relevant
information.
25. To issue the licence
subject to the Council’s standard terms and conditions along with any
additional conditions the Licensing Committee believe to be reasonable such as
those recommended by Environmental Health.
26. To grant a licence for a
period of less than one year.
27. To refuse the application
for a Public Entertainment Licence.
EVALUATIONS/RISK
MANAGEMENT
28. Officers have evaluated the application
and have taken into account the following:
29. That in view of the comments from
Environmental Health, refusal is appropriate, unless and until supported by an
acoustic report and all identified necessary works have been satisfactorily
completed.
|
RECOMMENDATIONS 30. That the application be refused. |
APPENDICIES
ATTACHED
Appendix
2 Fire and Rescue comments
Appendix
3 Environmental Protection Section’s
comments
Appendix
4 Comments received from applicants
dated 29 December 2004
Appendix
5 Comments received from the applicants
dated 22 January 2005
BACKGROUND PAPERS
32. As
attached.
ADDITIONAL INFORMATION
33. The licensee has many
varied responsibilities:
Licence conditions must
be observed.
Co-operation with
statutory authorities is fundamental.
Awareness of drug
related issues is essential.
Understanding the
social responsibilities attached to running a licensed premise is vital.
Contact Point: John Murphy, 823152
ROB OWEN
Head of Consumer Protection