PAPER B3
Purpose: For Decision
Committee: LICENSING PANEL
Date: 17 JANUARY 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 & INFORMATION AND COUNTY
TREASURER
SUMMARY/PURPOSE
To re-consider
an application for the grant of a Public Entertainment Licence for Chapter I, 7
Palmerston Road, Shanklin.
BACKGROUND
1.
Members will be aware that this item
was adjourned from the meeting held on 5 December 2002.
2.
An application was received from Simon Howard Bodenham for
the grant of a Public Entertainment Licence in respect of Chapter I, 7
Palmerston Road, Shanklin.
3.
Times requested by the applicant are set out below:
All days: 1200 hours – 0200 hours the following morning
4.
The Licensing Justices have granted a Liquor Licence for the
hours as set out below:
Monday
– Saturday: 1030 hours – 0000 hours.
Sunday:
1200 hours – 2230 hours.
5.
A Special Hours certificate is to be applied for to allow
alcohol to be served until 0200 hours the following morning, if the Public
Entertainment Licence is granted as requested by the applicant.
6.
The application was considered by
the Licensing Panel at a meeting held on 5 December 2002. The Strategic Director reported on a change
to the times requested by the applicant.
The application is now for:
Monday, Tuesday, Wednesday: 1200 hours – 2400 hours
Thursday, Friday, Saturday: 1200 hours – 0200 hours
the following morning
Sunday: 1200 hours – 0030 hours
to insufficient
information relating to the control of noise from the premises and were of the
view that a comprehensive noise assessment should be undertaken by a reputable
noise consultant in order to determine what measures were required to prevent
any unacceptable noise breakout. The
Panel considered that there was insufficient information to allow them to finally
determine the application without a consultant’s report on noise assessment,
and resolved to refuse the application at that time.
8. 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.
9.
The applicant is in the process of
having a noise assessment carried out and the report will be completed a few
days before the Licensing Panel meeting.
10.
Officers of the Environmental
Protection Section hope to be in a position to make an oral report at the
meeting and to withdraw their previous objection, subject to the requirements
of the noise consultant’s report being carried out satisfactorily.
OUTCOME OF CONSULTATIONS
1. The
application was advertised in the Isle of Wight County Press and 12 letters of
objection were received, copies of which are attached (Appendix 1).
2. The
Hampshire Constabulary confirmed that they had no objection to this application
subject to the imposition on the licence of condition 1.8 of the Council’s
Additional Conditions relating to the provision of CCTV, and condition 11 of
the Council’s Additional Conditions relating to the provision of Door Stewards
(Appendix 2).
3.
The Council’s Environmental Protection Section had objected
to the application due to insufficient information relating to control of noise
from the premises and had requested that the applicant arrange for a
comprehensive noise assessment to be carried out by a competent person. Their comments are attached (Appendix 3).
4.
The local Councillor was advised of the application. No written comments were received but
Councillor Rees attended the meeting and addressed the Panel.
5.
The Isle of Wight Fire and Rescue Service were informed of
the application, their comments are attached (Appendix 4).
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.
(c) To
vary the hours requested by the applicant having regard to the objections and
other relevant information.
(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.
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RECOMMENDATIONS
Members’ instructions are requested.
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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 objection, Environmental Protection
Section’s comments and the Isle of Wight Fire and Rescue Service’s report were sent to the applicant.
3.
The applicant has been requested to attend the meeting to
answer any questions that members may have.
4.
The objectors have been informed of the time, date and
location of the meeting should they wish to attend.
5. An Officer of the
Environmental Protection Section has been requested to attend the meeting to
answer any questions Members may have.
6. The
Council can only refuse to confirm a provisional grant if:
the
required work has not been satisfactorily completed.
the
licensee is no longer a fit and proper person to hold a licence, eg, there has
been a relevant criminal conviction since the provisional grant.
Contact Point:
John Murphy, 823152
J
PULSFORD
Strategic Director
Finance & Information and County
Treasurer
APPENDIX 1
APPENDIX 2
APPENDIX
3
APPENDIX 4
