PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 JULY 2003

Title: APPLICATION FOR THE VARIATION OF HOURS OF THE PUBLIC ENTERTAINMENT LICENCE FOR CHAPTER 1, 7 PALMERSTON ROAD, SHANKLIN

REPORT OF HEAD OF CONSUMER PROTECTION

SUMMARY/PURPOSE

1. To consider an application for the variation of hours of the Public Entertainment Licence for Chapter 1, 7 Palmerston Road, Shanklin.

DETAILS OF THE APPLICATION

2. An application has been received from Simon Bodenham for the variation of the hours of the Public Entertainment Licence in respect of Chapter 1, 7 Palmerston Road, Shanklin.

3. Times requested by the applicant are set out below:

Monday – Wednesday: 1000 hours – 2300 hours

Thursday – Saturday: 1000 hours – 0100 hours the following morning

Sunday: 1200 hours – 0030 hours the following morning

Sundays preceding a Bank Holiday (excluding Easter Sunday): 1200 hours – 0100 hours the following morning

24 December: 1000 hours – 0100 hours the following morning.

4. The current times are:

Monday – Saturday: 1030 hours – 2300 hours

Sunday: 1200 hours – 2230 hours

LOCATION AND SITE CHARACTERISTICS

5. The premises are situated in Palmerston Road near to the Town centre. The surrounding area consists of shops and residential properties.

RELEVANT HISTORY

6. Mr Bodenham previously submitted an application for the grant of a Public Entertainment Licence for these premises, for the hours all days 1200 hours – 0200 hours the following morning in October 2002. The Licensing Panel considered this application on 5 December 2002 when it was refused pending a consultant’s report on noise assessment.

7. An amended application was considered on 17 January 2003 when a copy of an Acoustic report was circulated to Members. The applicant also advised of a further change to the requested hours. Due to the evolving nature of the application it was resolved that the application be adjourned to the next meeting to allow the new hours to be advertised and give objectors and supporters the opportunity to comment.

8. A Licence for the current hours was granted by the Licensing Panel at a meeting held on 14 March 2003.

COUNCIL POLICY

9. All Public Entertainment applications where letters of comment are received are placed before the Licensing Panel for consideration.

10. Copies of the objections/comments have been sent to the applicant who has been requested to attend the meeting to answer any questions Members may have.

FORMAL CONSULTATION

11. The Hampshire Constabulary have confirmed that they have no objection to this application.

12. The Council’s Environmental Protection Section have been advised of the application and a copy of their comments is attached (appendix 1). Regular unannounced monitoring has also been carried out by Officers and a copy of their findings is attached (appendix 2). An Officer has been requested to attend the meeting to answer any questions members may have.

13. The local Councillor has been advised of the application, but no comments have been received. However, the local Councillor has been advised of the time, date and location of the meeting should he wish to attend and make representation on behalf of his constituents.

THIRD PARTY REPRESENTATIONS

14. The application has been advertised in the Isle of Wight County Press and 10 letters of objection and three letters of support have been received, copies of which are attached (Appendix 3).

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

FINANCIAL IMPLICATIONS

16. 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

17. 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.

18. Each application should be considered individually so as to comply with the rules of Natural Justice.

IMPLICATIONS UNDER THE CRIME AND DISORDER

19. 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.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

20. 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.

OPTIONS

21. To vary the licence for the hours requested by the applicant.

22. To vary the hours requested by the applicant having regard to the objections and other relevant information.

23. To vary the licence subject to the Council’s standard terms and conditions along with any additional condition/s the Licensing Panel believe to be reasonable.

24. To vary the licence for a lesser period.

25. To refuse the application to vary the hours of the Public Entertainment Licence.