PAPER B5

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 JULY 2003

Title: APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR STANLEY’S, 23A UNION STREET, RYDE

REPORT OF THE HEAD OF CONSUMER PROTECTION

SUMMARY/PURPOSE

1. To consider an application for the grant of a Public Entertainment Licence for Stanley’s, 23a Union Street, Ryde.

DETAILS OF THE APPLICATION

2. An application has been received from Nicola Jane Cawley for the grant of a Public Entertainment Licence in respect of Stanley’s, 23a Union Street, Ryde.

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

Monday, Thursday, Friday and Saturday: 1000 hours – 0200 hours the following morning

Tuesday and Wednesday: 1000 hours – 2300 hours

Sunday: 1200 hours – 0030 hours the following morning

Sundays preceding a Bank Holiday (excluding Easter Sunday): 1200 hours – 0200 hours the following morning

24 December: 1000 hours – 0200 hours the following morning.

4. The premises previously held a Special Hours Certificate for the hours:

Monday, Thursday, Friday and Saturday, New Year’s Eve and Christmas Eve until 0200 hours the following morning.

5. An application has been made to the Licensing Justices for a Special Hours Certificate for the hours:

Monday, Wednesday, Thursday, Friday and Saturday 1000 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

Christmas Eve 1000 hours – 0200 hours.

LOCATION AND SITE CHARACTERISTICS

6. The premises are situated in the middle of Union Street, Ryde. There are three other premises in Union Street which hold Public Entertainment Licences.

RELEVANT HISTORY

7. The premises, most recently known as JC’s, were granted a Public Entertainment Licence in August 1996. In November 2000 the standard noise limiter condition was imposed on the licence when it was varied so that entertainment could be provided until 0200 hours Monday to Saturday and 2400 hours on Sunday. In August 2001 the Sunday hours were varied again to 0030 hours and Sundays preceding a Bank Holiday (excluding Easter Sunday) until 0200 hours. The Licence was not renewed in 2002 and expired on 15 August 2002. Since then the premises have been closed.

COUNCIL POLICY

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

9. Recent applications for Public Entertainment Licences until 2.00 am have only been granted for Wednesday to Saturday until 2.00 am the following morning.

10. Copies of the objections\comments have been sent to the applicant(s) who have 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 have strongly recommended that conditions regarding the provision of an electronic sound limiter and ventilation be imposed on any licence granted, and a copy of their comments is attached (Appendix 1).

13. A letter was received from Brian Oxford who is acting for the applicant requesting an amendment to the ventilation condition (Appendix 2). The Environmental Protection Section were sent a copy of the request and a copy of the amended recommended condition is attached (Appendix 3).

14. An Officer of the Environmental Protection Section 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 Isle of Wight Fire and Rescue Service have been advised of the application. However, at the time of writing the report, the Fire Officer, despite leaving several messages, has been unable to contact the applicant to arrange an inspection.

THIRD PARTY REPRESENTATIONS

17. The application has been advertised in the Isle of Wight County Press and one letter of objection has been received, a copy of which is attached (Appendix 1).

18. The objector has been informed of the time, date and location of the meeting should she 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. 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.

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

IMPLICATIONS UNDER THE CRIME AND DISORDER

22. 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

23. 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

24. To grant the licence for the hours requested by the applicant.

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

26. 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.

27. To grant a licence for a period of less than one year.

28. To refuse the application for a Public Entertainment Licence.