PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 14 MARCH 2003

Title: APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR CHAPTER I, 7 PALMERSTON ROAD, SHANKLIN

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

SUMMARY/PURPOSE

To reconsider an application for the grant of a Public Entertainment Licence for Chapter I, 7 Palmerston Road, Shanklin. (Appendix 1)

BACKGROUND

1. Members will be aware that an application for the grant of a Public Entertainment Licence was originally considered on 5 December 2002. At that meeting the Panel were advised that the applicant had requested a change to the times. Having heard from the local Councillor, the objectors, the applicant, and from the Environmental Protection Section who opposed the application, the Panel resolved to refuse the application at that time as they considered that there was insufficient information to allow them to finally determine the application without a consultant’s report on noise assessment. However, the Panel stated that once the consultant’s report had been obtained and considered by Environmental Health the Panel would be happy to have the matter referred back to them at the earliest opportunity.

2. The application came back to the Panel on 17 January 2003 when a copy of an Acoustic report undertaken by Southdowns Environmental Consultants Ltd was circulated to Members. The applicant also confirmed a further change to the times requested. In view of the evolving nature of the application and to give objectors and supporters the opportunity to address the new hours requested it was resolved that consideration of the application be adjourned until the meeting of the Panel scheduled for 14 March 2003 to allow time for the advertisement of the new requested hours.

3. An amended application was received from Simon Howard Bodenham for the grant of a Public Entertainment Licence in respect of Chapter I, 7 Palmerston Road, Shanklin.

4. The new times requested by the applicant are set out below:

Monday – Saturday: 1030 hours – 2300 hours

Sunday: 1200 hours – 2230 hours

OUTCOME OF CONSULTATIONS

1. The new application was advertised in the Isle of Wight County Press and 2 letters of comment were received, copies of which are attached (Appendix 2).

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

3. The Council’s Environmental Protection Section have commented on the amended application and a copy of their comments are attached (Appendix 3).

4. The Environmental Protection Section served a Noise Abatement Notice after Officers witnessed a statutory noise nuisance by way of live music on 21 February 2003 (Appendix 4).

5. The local Councillor has been advised of the amended application and an e-mail was received advising that having consulted with a number of residents their concerns relate still to the question of noise. Councillor Rees has asked to be assured via conditions imposed by the Panel that Environmental Health Officers monitor the premises in respect of noise on a regular basis.

6. The Isle of Wight Fire and Rescue Service were informed of the application, their comments are 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 amended hours requested by the applicant.

(b) To grant a provisional licence subject to any recommended work in the noise assessment being carried out.

(d) 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.

(e) To grant a licence for a period of less than one year.

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

RECOMMENDATIONS

Members instructions are requested.

BACKGROUND PAPERS

Chapter I 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. Copies of the letters of comment and the Environmental Protection Section’s amended comments have been sent to the applicant

3. The Isle of Wight Fire and Rescue Service’s report was sent to the applicant on 19 November 2002.

4. The applicant has been requested to attend the meeting to answer any questions that members may have.

3. The people who have commented on the amended application have been informed of the time, date and location of the meeting should they wish to attend.

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

5. Councillor Rees has been invited to attend the meeting.

Contact Point: John Murphy, 823152

J PULSFORD

STRATEGIC DIRECTOR

FINANCE AND INFORMATION AND COUNTY TREASURER