PAPER

PAPER B

Purpose: For Decision

Committee: LICENSING PANEL

Date: 13 FEBRUARY 2003

Title: APPLICATION FOR THE GRANT OF AN OCCASIONAL PUBLIC ENTERTAINMENT LICENCE FOR SHEPARDS WHARF BOAT YARD, MEDINA ROAD, COWES

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

SUMMARY/PURPOSE

To consider an application for the grant of an occasional Public Entertainment Licence for Shepards Wharf Boat Yard, Medina Road, Cowes. (Appendix 1)

BACKGROUND

1. An application has been received from Mark Friend, Oddball Promotions, 33 St Andrews Street, Cowes, Isle of Wight for the grant of an occasional Public Entertainment Licence in respect of Shepards Wharf Boat Yard, Medina Road, Cowes.

2. The times requested by the applicant are set out below. All Public Entertainment is requested to commence at 10.00 pm.:

Date	Yachting Event	Public Entertainment ceases
Friday 20 June 2003	Round the Island Race	0100 hours the following morning
Saturday 21 June 2003	Round the Island Race	0100 hours the following morning
Thursday 31 July 2003	Cowes Week Regatta	0200 hours the following morning
Friday 1 August 2003	Cowes Week Regatta	0200 hours the following morning
Saturday 2 August 2003	Cowes Week Regatta	0200 hours the following morning
Sunday 3 August 2003	Cowes Week Regatta	0200 hours the following morning
Monday 4 August 2003	Cowes Week Regatta	0200 hours the following morning
Tuesday 5 August 2003	Cowes Week Regatta	0200 hours the following morning
Wednesday 6 August 2003	Cowes Week Regatta	0200 hours the following morning
Thursday 7 August 2003	Cowes Week Regatta	0200 hours the following morning
Friday 8 August 2003	Cowes Week Regatta	0200 hours the following morning
Saturday 9 August 2003	Cowes Week Regatta	0200 hours the following morning
Friday 15 August 2003	Cowes Youth Week	0100 hours the following morning
Saturday 16 August 2003	Cowes Youth Week	0100 hours the following morning
Friday 22 August 2003	Power Boat Festival	0100 hours the following morning
Saturday 23 August 2003	Power Boat Festival	0100 hours the following morning
Friday 12 September 2003	Little Britain Challenge Cup	0100 hours the following morning
Saturday 13 September 2003	Little Britain Challenge Cup	0100 hours the following morning

3. A petition objecting to any late night entertainment licence being granted to Oddball Promotions at the Boatshed, Shepards Wharf, Cowes was received on 4 October 2002, a copy of which is attached (Appendix 2).

OUTCOME OF CONSULTATIONS

1. The application has been advertised in the Isle of Wight County Press and no letters of objection have been received.

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

3. The Council’s Environmental Protection Section have been advised of the application and they are opposed to the grant of this application until implementation of a condition regarding the installation of an electronic sound limiter. A copy of their comments is attached (Appendix 3).

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

5. The Cowes Town Council have been advised of the application and have confirmed that they have no objection to this application.

6. The Isle of Wight Fire and Rescue Service have been advised of the application and a copy of their comments is attached (Appendix 4).

7. The Council’s Building Control Department have been advised of the application and a copy of their comments is attached (Appendix 5).

LEGAL IMPLICATIONS

1. The Panel’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the crime and disorder implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.

2. Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation; however, reasons have to be given for any decision made by the Panel.

3. 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.

OPTIONS

(a) To grant the licence for the terminal hours requested by the applicant.

(b) To vary the hours requested by the applicant having regard to the objections and other relevant information.

(c) To issue the licence subject to the Council’s standard terms and conditions along with any additional condition/s the Licensing Panel believe to be reasonable.

(d) To refuse the application for a Public Entertainment Licence.

RECOMMENDATIONS

Members instructions are requested.

BACKGROUND PAPERS

Shepards Wharf Boat Yard Public Entertainment Licensing file.

ADDITIONAL INFORMATION

1. 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.

2. The information set out below has led the Senior Licensing Officer to express concern that the applicant has not shown the necessary management skills required to ensure that the premises are operated in accordance with the Council’s licence conditions.

22 August 2001 Failure to comply with Fire Service requirements.

24 August 2002 Breach of noise condition observed by Environmental Protection Officers. (Noise limiter reset nightly by applicant).

3 October 2001 Written warning regarding failure to produce an electrical certificate.

14 November 2001 Written warning, overcrowding.

June to August 2002 Seven noise complaints.

June to August 2002 No electrical certificate, see Environmental Health Technician statement dated 30 August 2002.

9 September 2002 Letter regarding licence conditions by Senior Licensing Officer (Appendix 6).

3. Copies of the comments received from the Environmental Protection Section, Council’s Building Control Department and Isle of Wight Fire and Rescue Service have been sent to the applicant and he has been invited to attend the meeting to answer any questions that members may have.

4. An Officer of the Environmental Protection Section has been requested to attend the meeting to answer any questions members may have.

Contact Point: John Murphy, 823152

J PULSFORD

Strategic Director

Finance & Information and County Treasurer

APPENDIX 1