PAPER B1
Purpose: For
Decision
Committee: LICENSING
PANEL
Date: 3
FEBRUARY 2004
Title: APPLICATION
FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR HOGSHEAD, 20 HIGH STREET,
NEWPORT
REPORT
OF THE HEAD OF CONSUMER PROTECTION
PURPOSE/REASON
1. To consider an application for the
grant of a Public Entertainment Licence for Hogshead, 20 High Street, Newport.
DETAILS OF THE APPLICATION
2. An application has been
received from Ross McFarlane for the grant of a Public Entertainment Licence in
respect of Hogshead, 20 High Street, Newport (Appendix 1).
3. Times requested by the applicant are
set out below:
Monday –
Tuesday: 1100 hours – 2300 hours
Wednesday –
Saturday: 1100 hours – 0100 hours the following morning
Sunday: 1200
hours – 0030 hours the following morning.
4. The Licensing Justices have granted a
Liquor Licence for the hours as set out below:
Monday –
Saturday: 1100 hours – 2300 hours
Sunday: 1200 hours – 2230 hours.
5. Should
the application for a Public Entertainment Licence be successful the applicants
will apply to the Magistrates’ Court for a Special Hours Certificate, which
would allow them to serve alcohol for the same hours as the Public
Entertainment Licence.
LOCATION
AND SITE CHARACTERISTICS
6. The
premises are situated towards the bottom end of the High Street in
Newport. There are nine other premises
in Newport with Public Entertainment Licences.
The hours range between 0900 hours – 0300 hours the following
morning. A list of the premises with
the days and times of their licences is set out at Appendix 2.
7. A plan of the immediate area is
attached (Appendix 3)
RELEVANT
HISTORY
8. The Hogshead has not been licensed for Public Entertainment
before.
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 will object to the application, as in
their view the premises are not suitable for the provision of music, singing
and dancing. A copy of their comments
is attached (Appendix 4). A representative
of the Hampshire Constabulary has been requested to attend the meeting to
answer any questions members may have.
12. The Isle of
Wight Fire and Rescue Service has been advised of the application, however,
owing to finite staffing levels and depending on the priority assigned to
requests for inspections, a response may take between 7 days and 9 weeks.
13. The Council’s Environmental Protection
Section have advised that they are concerned about the potential for noise
disturbance to neighbouring residential premises, and therefore strongly
recommend that conditions be imposed on the licence relating to the provision
of an electronic sound limiter and external doors and windows being kept shut
should the licence be granted. A copy
of their comments is attached (Appendix 5).
An Officer of The Environmental Protection Section has been requested to
attend the meeting to answer any questions members may have.
14. The local Councillor has been advised of
the application, however, no comments have been received.
THIRD PARTY REPRESENTATIONS
15. 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
6).
16. The objector
has been informed of the time, date and location of the meeting should he wish
to attend.
FINANCIAL
IMPLICATIONS
17. 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
18. 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.
19. 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.
20. Each
application should be considered individually so as to comply with the rules of
Natural Justice.
21. In arriving
at their decision the Panel will have taken into account all relevant matters,
and not taken into account any irrelevant matters.
IMPLICATIONS
UNDER THE CRIME AND DISORDER
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
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 to this matter because by the grant of a Public
Entertainment Licence the Panel will have to balance the rights of the
residents against the applicant’s right to run his business.
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 conditions the Licensing Panel believe to be reasonable, such as
those recommended by the Council’s Environmental Protection Section.
27. To grant a
licence for a period of less than one year.
28. To refuse the
application for a Public Entertainment Licence.
EVALUATIONS/RISK
MANAGEMENT
29. Officers
have considered the implications under the Human Rights Act and the Local
Government (Miscellaneous Provisions) Act 1982, and due to the mixture of
commercial and residential premises a noise condition to prevent unreasonable
disturbance to residents could be required.
30. It is the applicants’ responsibility to carry out a risk
assessment.
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RECOMMENDATIONS
31. Members are asked to determine the
application.
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APPENDICIES
ATTACHED
32. Appendix 1:
Application
Appendix 2: List of other premises holding Public Entertainment
Licences Appendix 3: Site plan
Appendix
4: Police comments
Appendix
5: Environmental Protection Section’s
comments
Appendix 6: letter of objection
BACKGROUND PAPERS
33. As attached.
ADDITIONAL INFORMATION
34. 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
Chicago Rock,
Coppins Bridge, Newport
Monday – Tuesday:
1000 hours – 0100 hours the following morning
Wednesday –
Saturday: 1100 hours – 0230 hours the following morning
Sunday: 1200
hours – 0100 hours the following morning
Sundays preceding
a Bank Holiday (excluding Easter Sunday): 1200 hours – 0230 hours the following
morning
Bargeman’s Rest, Little London, Newport
Monday –
Saturday: 1030 hours – 2300 hours
Sunday: 1200
hours – 2230 hours
Club K, 2B Orchard Street, Newport
Monday – Tuesday:
0900 hours – 0200 hours the following morning
Wednesday –
Saturday: 0900 hours – 0300 hours the following morning
Sunday: 1200
hours – 0100 hours the following morning
Newport Conservative Club, 39 – 40 Pyle Street, Newport
Monday – Friday:
1000 hours – 2400 hours
Saturday: 1000
hours – 0100 hours the following morning
Sunday: 1200
hours – 2230 hours
Quay Arts Centre, Sea Street, Newport
Monday – Saturday:
1000 hours – 2300 hours
Sunday: 1000
hours – 2230 hours
The Riverside Centre, The Quay, Newport
Monday –
Saturday: 1100 hours – 2300 hours
Sunday: 1200
hours – 2230 hours
Club Temptation, 16 Lower St James Street, Newport
Monday – Tuesday:
1000 hours – 0200 hours the following morning
Wednesday –
Saturday: 1000 hours – 0300 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
Woody’s, 16 St James Street, Newport
Monday – Tuesday:
1030 hours – 0200 hours the following morning
Wednesday –
Saturday: 1030 hours – 0300 hours the following morning
Sunday: 1030
hours – 2400 hours
Yates Wine Lodge, 23/26 High Street, Newport
Monday – Tuesday:
1100 hours – 2300 hours
Wednesday –
Saturday: 1100 hours – 0100 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
