PAPER C

Purpose : For Decision

Committee :    LICENSING PANEL

Date :              17 MAY 2002

Title :              APPLICATION FOR THE GRANT OF AN OCCASIONAL PUBLIC ENTERTINMENT LICENCE FOR BRIGHSTONE HOLIDAY CENTRE, MILITARY ROAD, BRIGHSTONE

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

SUMMARY/PURPOSE

To consider an application for the grant of an occasional Public Entertainment Licence for Brighstone Holiday Centre, Military Road, Brighstone.

BACKGROUND

An application has been received from Garry Rawlinson, 14 Somerset Road, Elmfield, Ryde, IW, Julian Lane-Jones, 2 The Drive, Bembridge, IW, and Airon Baker, Golden Lands, Pan Lane, Niton, Ventnor, IW for the grant of an occasional Public Entertainment Licence in respect of Brighstone Holiday Centre, Military Road, Brighstone.

Times requested by the applicant are set out below:

Friday 7 June 2002: 1300 hours – 0200 hours the following morning

Saturday 8 June 2002: 1000 hours – 0200 hours the following morning

Sunday: 9 June 2002: 1000 hours – 0100 hours the following morning

Monday 10 June 2002: 1000 hours – 1300 hours

Relevant correspondence in relation to the application is attached (Appendix 1)

The Licensing Justices have granted a Liquor Licence for the hours as set out below:

Friday 7 June 2002: 1300 hours – 0200 hours the following morning

Saturday: 8 June 2002: 1200 hours – 0200 hours the following morning

Sunday: 1200 hours – 0100 hours the following morning

OUTCOME OF CONSULTATIONS

1.        The application has been advertised in the Isle of Wight County Press and 14 letters of objection and one petition have been received, copies of which are attached (Appendix 2).

2.        The Hampshire Constabulary have confirmed that they will object to the application and a copy of their comments is attached (Appendix 3).

3.        The Council’s Environmental Protection Section have been advised of the application and a copy of their comments is attached (Appendix 4).

4.        The local Councillor, Councillor J Wareham, has been informed of the application and has advised that she will be making comments which will be circulated at the meeting.

5.        The Parish Council have been advised of the application and a copy of their comments is attached (Appendix 5).

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

7.        Attached is a copy of a fax from Health and Safety Executive sent to the Council’s Health and Safety section regarding this event (Appendix 7).

LEGAL IMPLICATIONS

1.        The Panel must consider Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. Issues have been raised by the Police, Fire Safety and objectors and the Panel will have to consider the responsibility of the Council when considering the applications. 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 hours requested by the applicants.

(b)       To vary the hours requested by the applicants 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 an occasional Public Entertainment Licence.

RECOMMENDATIONS

Members instructions are requested.

BACKGROUND PAPERS

Brighstone Holiday Centre’s occasional Public Entertainment Licensing file.

ADDITIONAL INFORMATION

1.        Copies of the letters of objection, petition, Environmental Protection Section’s comments, Police comments, Fire and Rescue comments, and Brighstone Parish Council’s comments have been sent to the applicants and they have been invited to attend the meeting to answer any questions that members may have.

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

Contact Point: John Murphy, 823152

                                                                             JOHN PULSFORD

                                                                              Strategic Director

                                                                         Finance and Information