PAPER B
Purpose: For Decision
Committee: LICENSING PANEL
Date: 26 JULY 2004
Title: APPLICATION
FOR THE GRANT OF AN OCCASIONAL PUBLIC ENTERTAINMENT LICENCE FOR MARQUEE,
GROUNDS OF NORTHWOOD HOUSE, WARD AVENUE, COWES
REPORT OF THE HEAD OF
CONSUMER PROTECTION
PURPOSE/REASON
1. To consider an application for the
grant of an occasional Public Entertainment Licence for Marquee, Grounds of
Northwood House, Ward Avenue, Cowes.
DETAILS OF THE APPLICATION
2. An application has been
received from Robert Hunter, of Blurry, 154 Newport Road, Cowes, for the grant
of an occasional Public Entertainment Licence in respect of Marquee in the
grounds of Northwood House, Ward Avenue, Cowes. (Appendix 1)
3. Times requested by the applicant are
set out below:
4. An
application has been made to the Magistrates’ Court for a Liquor Licence for
the hours:
Sunday:
1200 hours – 0200 hours the following morning
Monday:
1200 hours – 0200 hours the following morning
Tuesday:
1200 hours – 0200 hours the following morning
Wednesday:
1200 hours – 0200 hours the following morning
Thursday:
1200 hours – 0200 hours the following morning
Friday:
1200 hours – 0300 hours the following morning
Saturday:
1200 hours – 0200 hours the following morning
LOCATION
AND SITE CHARACTERISTICS
5.
Northwood House is situated in Northwood Park, Cowes, close to
residential properties in Ward Ave, Baring Road and Church Road. There is also sheltered accommodation
adjacent to Park Road.
6. A marquee situated in this open area
could present a noise problem for the local residents if not properly
controlled.
RELEVANT
HISTORY
7. An occasional Public Entertainment
Licence has been granted for the Marquee for Cowes Week for at least the last
20 years. The latest time for
entertainment last year was 0200 hours the following morning for the Cowes
Ball. If a 0300 hours Public
Entertainment Licence was granted it would be the first in the open air in
Cowes and could lead to other applications being submitted.
COUNCIL
POLICY
8. All
Public Entertainment applications where letters of comment are received are
placed before the Licensing Panel for consideration.
9. 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
10. The Hampshire
Constabulary originally had concerns regarding the lateness of the hours
requested but as the finish times have now been amended the Hampshire
Constabulary will not object, although they have certain concerns regarding the
0300 hrs required on Friday 6th August. A copy of their comments is attached (Appendix 2).
11. The Isle of Wight Fire
and Rescue Service have been advised of the application. At the time of writing this report no
comments had been received.
THIRD PARTY REPRESENTATIONS
12. The Council’s Environmental Protection
Section have been informed of the application and have advised that the Section
is concerned about the potential for noise disturbance to occur to neighboring
residential premises and have strongly recommended conditions be imposed on any
licence granted, these to include no amplified music between 2400 hours and
0900 hours. A copy of their comments is
attached (Appendix 3). 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, however, no comments have been received.
14. The Town Council has been advised of the application and has
commented that they would object to the grant of a licence on any date beyond
0200 hours the following morning (legislation allows extensions on New Year’s
Eve, which would automatically extend the hours of the Public Entertainment
Licence). A copy of the Town Council’s comments is attached (Appendix 4).
15. A copy of the Town Council’s comments
were sent to the applicant who has amended the application to what he hopes are
more acceptable hours, which are set out below. A copy of the correspondence is attached (Appendix 5).
Friday 6 August 2004: until 0300 hours the following morning
Saturday 7 August 2004: until 0200 hours the following
morning
Sunday 8 August 2004: until 0200 hours the following morning
Monday 9 August 2004: until 2400 hours
Tuesday 10 August 2004: until 0200 hours the following
morning
Wednesday 11 August 2004: until 0130 hours the following
morning
Thursday 12 August 2004: until 0200 hours the following
morning
Friday 13 August 2004: until 0200 hours the following
morning
Saturday 14 August 2004: until 0200 hours the following
morning
Saturday 30 October 2004: until 0200 hours the following
morning
Saturday 18 December 2004: until 0200 hours the following
morning
Friday 31 December 2004: until 0200 hours the following
morning
16. The Cowes Town Council have been advised
of the amended hours and have verbally confirmed that they would not object to
these hours.
17. The application has been
advertised in the Isle of Wight County Press and no letters of objection have
been received.
FINANCIAL
IMPLICATIONS
18. 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
19. 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 structural acoustic suitability
of the premises having regard to any noise sensitive accommodation in the
nearby vicinity that may be affected by the provision of the entertainment, 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.
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 ACT 1998
22. 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
23. 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 on 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
24. To issue the licence for
the amended hours requested by the applicant subject to the Council’s standard
licence conditions, along with any additional conditions the Licensing Panel
believes to be reasonable such as those recommended by the Council’s
Environmental Protection Section.
25. To vary the hours requested
by the applicant having regard to the objections and other relevant
information.
26. To refuse the application for an occasional Public
Entertainment Licence.
EVALUATIONS/RISK
MANAGEMENT
27. It is
the applicants’ responsibility to carry out a risk assessment.
28. Officers have evaluated
the application and have had particular regard to the following;
a)
the company’s request for a 0300 hours licence for the first Friday
evening,
b)
the fact that it is a noise-sensitive area and to begin Cowes week with
a 0300 hours event could result in a large increase in noise complaints,
c)
the fact that the other
outdoor premises in Cowes playing amplified music during Cowes Week has a
terminal hour of 2400.
d)
the
fact that Environmental Health officers have no objection to the hours
requested, subject to stringent conditions to prevent noise disturbance being
attached to any Licence granted, including that of no amplified music after
2400 hours.
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RECOMMENDATIONS
29. To issue the licence for
the amended hours requested subject to the Council’s standard licence
conditions, along with any additional conditions the Licensing Panel believes
to be reasonable such as those recommended by the Council’s Environmental
Protection Section to control noise disturbance.
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APPENDICES
ATTACHED
30. Appendix 1: Mr R D Hunter’s application
Appendix
2: Hampshire Constabulary comments
Appendix
3: Environmental Protection
Section’s comments
Appendix
4: Cowes Town Council’s comments
Appendix
5: Letter from applicant amending
hours of entertainment
BACKGROUND PAPERS
31. As
attached.
ADDITIONAL INFORMATION
32. The licensee has many
varied responsibilities:
Licence conditions must
be observed.
Co-operation with
statutory authorities is fundamental.
Awareness of drug
related issues is essential.
Understanding the
social responsibilities attached to running a licensed premise is vital.
Contact Point: John Murphy, 823152
ROB OWEN
Head of Consumer Protection