PAPER B2
Purpose: For Decision
Committee: LICENSING PANEL
Date: 19 JULY 2002
Title: APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR THE OCEAN WINE/FOOD BAR, 9 PIER STREET, SANDOWN.
REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION
SUMMARY/PURPOSE
To consider an application for the grant of a Public Entertainment Licence for The Ocean Wine/Food Bar, 9 Pier Street, Sandown.
BACKGROUND
1. Members are aware that this application was due to be heard by the Licensing Panel on 11 January 2002 but was adjourned at Mr Woodcock’s request until after the hearing of his appeal against a noise abatement notice that had been served by the Council’s Environmental Protection Section. The appeal was withdrawn and costs were awarded to the Council.
2. Mr Woodcock has now requested that his application be heard and a copy of his letter and sound report are attached (Appendix 1)
3. An application has been received from Dennis Woodcock for the grant of a Public Entertainment Licence in respect of The Ocean Wine/Food Bar, 9 Pier Street, Sandown.
4. Times requested by the applicant are set out below:
All days: 1100 hours - 2300 hours
5. The Licensing Justices have granted a Liquor Licence for the hours as set out below:
Monday - Saturday: 1100 hours - 2300 hours
Sunday: 1100 hours - 2230 hours.
OUTCOME OF CONSULTATIONS
1. The application has been advertised in the Isle of Wight County Press and no letters of objection were received.
2. The Hampshire Constabulary have confirmed that they have no objection to this application.
3. The Council’s Environmental Protection Section have been advised of the application and a copy of their comments dated 3 December 2001 and 30 May 2002, and a copy of a letter sent to Mr Woodcock dated 27 February 2002, are attached (Appendix 2).
4. The local Councillor has been advised of the application but no comments have been received.
3. The Town Council have been advised of the application and a copy of their comments is attached (Appendix 3).
6. The Isle of Wight Fire and Rescue Service have been advised of the application and a copy of their comments is attached (Appendix 4).
7. The Council’s Building Control Department have been advised of the application and a copy of their comments is 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 the decision.
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 applicant.
(b) To vary the hours requested by the applicant 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 grant a licence for a period of less than one year.
(e) To refuse the application for a Public Entertainment Licence.
(f) To issue the Licence once the Fire and Rescue Service and Building Control are satisfied with the rear external fire escape.
RECOMMENDATIONS Members instructions are requested.
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BACKGROUND PAPERS
The Ocean Wine/Food Bar Public Entertainment Licensing file.
ADDITIONAL INFORMATION
1. The applicant had been advised of the Environmental Protection Section’s comments, and was sent a copy of the Town Council’s comments, and has been invited to attend the meeting to answer any questions that members may have.
2. The Town Council has been informed of the time, date and location of the meeting and have been requested to attend.
3. The appropriate Officer of the Environmental Protection Section has been requested to attend.
Contact Point: John Murphy, 823152
JOHN PULSFORD
Strategic Director
Finance and Information