PAPER B2
Purpose: For Decision
Committee: LICENSING
COMMITTEE
Date: 1 FEBRUARY 2005
Title: APPLICATION
FOR THE GRANT OF A CERTIFICATE OF SUITABILITY FOR SANDOWN AND SHANKLIN RUGBY
FOOTBALL CLUB
REPORT OF THE HEAD OF
CONSUMER PROTECTION
PURPOSE/REASON
1. To consider an application for the
grant of a Certificate of Suitability for Sandown and Shanklin Rugby Football
Club, Station Approach, Sandown, Isle of Wight.
DETAILS OF THE APPLICATION
2. An application has been received from
Anthony Bray for the grant of a Certificate of Suitability in respect of
Sandown and Shanklin Rugby Football Club, Station Approach, Sandown, Isle of
Wight (Appendix 1).
3. Times requested by the applicant are
set out below:
Monday – Wednesday: 1000
hours – 2300 hours
Thursday – Saturday: 1000
hours – 0100 hours the following morning
Sunday: 1200 hours – 2230
hours.
4. Details
of existing Licence:
Monday
– Saturday: 1000 hours – 2300 hours
Sunday: 1200 hours – 2230
hours
5 Should the application for a
Certificate of Suitability be successful the applicant will apply to the
Magistrates’ Court for a Special Hours Certificate, which would allow them to
serve alcohol for the same hours as the Certificate.
LOCATION AND SITE CHARACTERISTICS
5. The premise is situated in close
proximity to residential properties.
There is one premise, the Fairway Holiday Park, in close proximity which
is licensed to provide public entertainment until 0200 hours. There are also two schools nearby, Sandham
Middle School and Sandown High School.
RELEVANT HISTORY
6. The
premise has not previously held a Certificate of Suitability. In January and July 2000, Environmental
Health concerning noise from the playing of amplified music received four
complaints. In January, these complaints
were not substantiated. However, in
July the noise complaint was substantiated and the cause due to the use of an
external marquee. No further complaints
have been received since this date.
COUNCIL POLICY
7. All Certificate of Suitability
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 Service has been advised of the application and have confirmed that
they will raise 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 advised that they are concerned about the potential
for noise disturbance to neighbouring residential premises and have recommended
that conditions relating to an electronic sound limiter and
ventilation be attached to any certificate issued. A copy of their comments is attached (Appendix
3). In addition, following a closer
review of previous complaints, a restriction on where on the premise the
entertainment is held is also recommended.
An Officer has been requested to attend the meeting to update members
and answer any questions members may have.
12. The Council’s Building Control section
have been advised of the application and have confirmed that they have no
objection to this application.
13. The local Councillor has been advised of
the application, however, no comments have been received.
14. Crime and Disorder have been advised of
the application, however, at the time or writing the report no comments had
been received.
THIRD PARTY REPRESENTATIONS
15. The application has been
advertised in the Isle of Wight County Press and two letters of objection (one
letter is addressed on behalf of two households) have been received from nearby
residents who are concerned about noise.
Copies of the objections are attached (Appendix 4).
16. The objectors have been
informed of the time, date and location of the meeting should they 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. Licensing Act 1964
A registered club, which
would not normally require a Public Entertainment Licence, may apply to a
Magistrates’ Court for a special hours certificate under section 78 of the 1964
Act. This has the effect of granting
special permitted hours to 2.00 am. The
Court must be satisfied that the whole or part of the premises is structurally
adapted, and bona fide used, or intended to be used, for the purpose of
providing for members of the club music and dancing and substantial refreshment
to which the supply of intoxicating liquor is ancillary. Section 79 of the Act allows for a
‘certificate of suitability’ to be granted by the licensing authority, stating
that the premises fulfil the authority’s requirements for the grant of a public
entertainment licence.
19. 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.
20. 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.
21. Each application should
be considered individually so as to comply with the rules of Natural Justice.
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 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 Certificate of Suitability, the Committee will have to balance the rights of
residents against the applicant’s right to run his business.
OPTIONS
24. To grant the licence for
the hours requested by the applicant.
25. To vary the hours
requested by the applicant having regard to the objections and other relevant
information.
26. 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.
27. To grant a licence for a
period of less than one year.
28. To refuse the application
for a Certificate of Suitability.
EVALUATIONS/RISK MANAGEMENT
29. Officers have evaluated the application
and have taken into account the following:
30. That in order to safeguard local
residents the conditions recommended by Environmental Health be imposed. Furthermore, to assess the impact and
success of these measures, that the Certificate be granted for a period of six
months.
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RECOMMENDATIONS 31.
That the application be granted for a period of six months together
with the following conditions: Electronic Sound Limiter Prior
to any public entertainment taking place an electronic sound limiting device
shall be installed in the premises to control the level of noise
breakout. The details of the device
to be installed in the premises shall be submitted to the Licensing Section
for approval. Once approved the
limiter shall be installed and set up by a competent person. It shall be set at a level agreed with the
Licensing Authority. The sound
limiter level once set shall not be adjusted without prior approval of the
Licensing Section and no entertainment shall take place on the premises
unless the limiter is used to control the level of sound. Upon completion of the installation a
report shall be issued to the Licensing Section certifying the agreed devices
set levels and its tamper proof integrity.
The limiter shall then thereafter be maintained by a competent person
every twelve months. The results of
this maintenance shall include a test of its normal operation and
certification of the devices tamper proof integrity shall be recorded and
forwarded to the licensing section on application for renewal of the public
entertainment license. In the event of
a malfunction affecting noise output appropriate action shall be taken to
ameliorate the effect and the licensing section shall be notified
immediately. Ventilation No public entertainment shall take place with the external doors or windows being kept open, so as to provide ventilation. Ventilation shall only be provided by suitable and sufficient mechanical means, so as to avoid the necessity for opening doors and windows etc. (The amount of ventilation provided is also a requirement under Health and Safety legislation). The mechanical system shall be operated as required and maintained thereafter. No
public entertainment shall be held outside of the main premises (as per the
attached plan submitted by the applicant [appendix 1]) (ie, only within main
building and no marquees) without written approval of the licensing
authority. |
APPENDICIES ATTACHED
Appendix 2 Fire and
Rescue Service’s comments
Appendix 3 Environmental
Protection Section’s comments
Appendix 4 Letters
of objection
BACKGROUND PAPERS
33. As
attached.
ADDITIONAL INFORMATION
34. 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