PAPER B1

Purpose: For Decision

Committee: LICENSING PANEL

Date: 13 JUNE 2003

Title: APPLICATION FOR THE TRANSFER AND VARIATION OF HOURS OF THE PUBLIC ENTERTAINMENT LICENCE FOR GOLDIES, 74 UNION STREET, RYDE

REPORT OF THE HEAD OF CONSUMER PROTECTION

SUMMARY/PURPOSE

1. To consider an application for the transfer and variation of hours of the Public Entertainment Licence for Goldies (formerly The Loft), 74 Union Street, Ryde. (Appendix 1)

DETAILS OF THE APPLICATION

2. An application has been received from Messrs Benjamin Leal and Elliott Day for the transfer and variation of hours of the Public Entertainment Licence in respect of Goldies, 74 Union Street, Ryde.

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

Monday – Saturday: 1100 hours – 0200 hours the following morning

Sunday: 1200 hours – 2400 hours.

The current times are:

Wednesday – Saturday: 1100 hours – 0200 hours the following morning

Sunday: 1200 hours – 2400 hours

Sundays preceding a Bank Holiday (excluding Easter Sunday): 1200 hours – 0200 hours the following morning.

4. The Licensing Justices have granted a Special Hours Certificate for the hours as set out below:

Wednesday – Saturday: until 0200 hours the following morning

Sunday: until 2400 hours

Sundays preceding a Bank Holiday (excluding Easter Sunday): until 0200 hours the following morning.

LOCATION AND SITE CHARACTERISTICS

5. These premises are situated in the lower area of Union Street, Ryde close to the seafront. There are two other licensed premises in very close proximity.

RELEVANT HISTORY

6. The premises, formerly known as the Loft, have held a Public Entertainment Licence since 6 December 2000.

7. These premises have previously had the benefit of 2.00 am licences from Wednesday to Saturday.

COUNCIL POLICY

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

9. A copy of the letter of objection, and a copy of the Environmental Health Officers comments, have been sent to the applicants and they have been invited to attend the meeting to answer any questions that members may have.

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 advised that before the transfer and variation is granted that the noise limiter must be re-set. A copy of their comments is attached (Appendix 1). An Officer has been requested to attend the meeting to answer any questions Members may have.

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

THIRD PARTY REPRESENTATIONS

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

14. The objectors have been informed of the time, date and location of the meeting should they wish to attend.

FINANCIAL IMPLICATIONS

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

LEGAL IMPLICATIONS

16. 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.

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

IMPLICATIONS UNDER THE CRIME AND DISORDER

18. 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.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

19. 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.

OPTIONS

16. To transfer the licence for the hours requested by the applicants.

17. To vary the hours requested by the applicants having regard to the objections and other relevant information.

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

19. To refuse the application for the transfer and variation of the Public Entertainment Licence.