PAPER B2
Purpose: For Decision
Committee: LICENSING
COMMITTEE
Date: 18 JANUARY
2005
Title: APPLICATION
FOR THE RENEWAL OF A PUBLIC ENTERTAINMENT LICENCE FOR THE BALCONY, THE
PAVILION, THE ESPLANADE, RYDE
REPORT OF THE HEAD OF CONSUMER PROTECTION
PURPOSE/REASON
1. To
consider an application for the renewal of a Public Entertainment Licence for
The Balcony, The Pavilion, The Esplanade, Ryde
DETAILS OF THE APPLICATION
2. An application has been received from Judith Rippie, on
behalf of Quattroleisure, for the renewal of a Public Entertainment Licence in
respect of The Balcony, The Pavilion, The Esplanade, Ryde.
3. Times requested by the applicant which are the same as the
existing hours, are set out below:
Monday – Saturday: 1100
hours – 0200 hours the following morning
Sunday: 1200 hours – 0030
hours the following morning
Sundays preceding a Bank
Holiday (excluding Easter Sunday): 1200 hours – 0200 hours the following
morning.
LOCATION AND SITE
CHARACTERISTICS
4. The Balcony is situated on the seafront
at Ryde opposite residential properties and adjacent to Planet Ice Ltd.
RELEVANT HISTORY
5. The Panel last considered the renewal
of the licence on 11 October 2002 when objections had been received, and it was
resolved to grant the licence for the hours that were requested by the
applicant on the same terms and conditions as the previous year.
6. In 2003 the licence was renewed by
Officers under delegated authority as no objections had been received.
7. A sound engineer’s report was carried
out on 8 October 2004, and is attached at Appendix 1.
8. A complaint was received on 15 November
2004, regarding loud noise from people at 0255 hours. A further complaint was
received on 3 December 2004 regarding an increasing problem with drunks.
9. Following the objection received from
Mr Duncan (Appendix 2) a telephone call was made to the Balcony to address some
of Mr Duncan’s queries. The officer’s
file note following the phone call is attached at Appendix 3.
COUNCIL POLICY
10. All
Public Entertainment applications where letters of comment are received are
placed before the Licensing Panel for consideration.
11. Copies
of the objections/comments have been sent to the applicant who have been requested
to attend the meeting to answer any questions Members may have.
FORMAL CONSULTATION
12. The Hampshire
Constabulary has been advised of the application and has confirmed that they
have no objection to this application.
13. The Isle of Wight Fire and
Rescue have been advised of the application but no response has been received.
14. The Council’s Environmental Protection Section have been
advised of the application and have confirmed that they have no objection to
this application subject to the attachment
of condition(s) relating to noise control as per the existing licence. An Officer has been requested to attend the meeting to answer any
questions members may have.
15. The local Councillor has been advised of the application;
however, no comments have been received.
16. The Crime and Disorder Unit have been advised of the
application and no comments have been received.
THIRD PARTY REPRESENTATIONS
17. The application has been
advertised in the Isle of Wight County Press and two letters of objection have
been received, copies of which are attached at Appendix 2.
18. The objectors have been
informed of the time, date and location of the meeting should they wish to
attend.
FINANCIAL
IMPLICATIONS
19. Broadly,
Council expenditure on Licensing matters, and in particular those that are
administered and enforced through Consumer Protection, balances income received
from licence fees.
LEGAL IMPLICATIONS
20. Legislation
governing Public Entertainment Licensing is set out below:
Local
Government (Miscellaneous Provisions) Act 1982
Schedule 1 –
Licensing of public entertainments
a) Paragraphs 1 (1)(2)(3): An
entertainments licence is required for any public dancing or music or any other
public entertainment of a like kind, unless it is music performed in a place of
religious worship or as an incident of a religious meeting or service.
b) Paragraph 1 (4): The appropriate authority may grant to any
applicant, and from time to time renew, a licence for the use of any place
specified in it on such terms and conditions and subject to such restrictions
as may be so specified.
c) Paragraph
6 (3): An applicant for the grant,
renewal or transfer of an entertainments licence shall furnish such particulars
and give such other notices as the appropriate authority may by regulation
prescribe.
There is no express provision in the Act for the
making of objections by other third parties.
It will commonly be found, however, that local authorities have used the
power given to them by this paragraph to require applicants to give public
notice of their applications.
This Council therefore advertised applications in
the Official Notices section of the local paper inviting comments from local
residents who may consider that they would be unreasonably affected. In addition, the Council’s Environmental
Protection Section is consulted to assess the potential for unreasonable noise
disturbance from entertainment at the premises having regard to any noise
sensitive accommodation in the vicinity, and the local Councillor and Town or
Parish Council are consulted.
d) Paragraph 6 (4): In considering any application for the
grant, renewal or transfer of an entertainments licence, the appropriate
authority shall have regard to any observations submitted to them by the chief
officer of police and by the fire authority.
The police and fire
authority must be given notice of an application (sub-paragraphs (1) and (2))
and the local authority is required to have regard to any observations
submitted by them.
21. 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.
22. Each application should
be considered individually so as to comply with the rules of Natural Justice.
IMPLICATIONS UNDER
THE CRIME AND DISORDER ACT 1998
23. Without prejudice to any
other obligation imposed on it, it shall be the duty of each authority to which
this section applies to exercise its various functions with due regard to the
likely effect of the exercise of those functions on, and the need to do all
that it reasonably can to prevent, crime and disorder in its area.
IMPLICATIONS UNDER
THE HUMAN RIGHTS ACT 1998
24. Members are advised
that this application must be considered against a background of the
implications of the Human Rights Act 1998.
There
are three convention rights which need to be considered in this context:-
a) Article 6 - Right to a fair trial
In the determination of his
civil rights and obligations or of any criminal charge against him, everyone is
entitled to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law.
It has been held that the fact
that there is a right of appeal to the magistrates’ court from any decision of
the Panel is sufficient to make the Council’s licensing system compliant with
the convention rights.
b) Article
8 - Right to respect for private and family life.
Everyone has the right to
respect for his private and family life, his home and his correspondence. In the case of article 8 there shall be no
interference by a public authority with the exercise of this right except as
such in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic wellbeing of the
country, for the prevention of disorder and crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.
c) Article
1 of the first protocol – protection of property.
Every natural or legal person is
entitled to the peaceful enjoyment of his possessions. In the case of Article 1
of the first protocol it states that “no one shall be deprived of his
possessions except in the public interest and subject to the conditions
provided for by law and the general principles of international law. The preceding provisions (of which articles 6
and 8 are but two) shall not however in any way impair the right of the state
to enforce such laws as it deems necessary to control the use of the property
in accordance with general interest or to secure the payment of taxes or other
contributions or penalties”.
d) The
Panel needs to be clear as the rights granted and the need to ensure that the
reasons given for any interference are proportionate and in accordance with the
Council’s legitimate aim.
Article 8 is particularly relevant in this case because
in considering whether to grant a Public Entertainment Licence, the Panel will
have to balance the rights of residents against the applicant’s right to run
his business.
OPTIONS
25. To grant the licence for
the hours requested by the applicant, and subject to the existing licence
conditions.
26. To vary the hours
requested by the applicant having regard to the objections and other relevant
information.
27. To issue the licence
subject to the Council’s standard terms and conditions along with any additional
conditions the Licensing Panel believe to be reasonable.
28. To grant a licence for a
period of less than one year.
29. To refuse to renew the
Public Entertainment Licence.
EVALUATIONS/RISK
MANAGEMENT
30.
Officers have evaluated the application and have taken into account the
following:
31. That
in the absence of objections from the Police, Safer Communities Team and
Environmental Health, renewal is appropriate.
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RECOMMENDATIONS
32. To
grant the licence for the hours requested by the applicant, subject to the
existing licence conditions.
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APPENDICIES
ATTACHED
33. Appendix 1: Sound engineer’s report
Appendix 2: Two letters of objection
from local residents
Appendix 3: Officer’s file note
BACKGROUND PAPERS
34. As
attached.
Contact Point: John Murphy, 823152
ROB OWEN
Head of Consumer Protection