PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 3 FEBRUARY 2004

Title: APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR HUNTER’S REST, HIGH STREET, VENTNOR

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an application for the grant of a Public Entertainment Licence for Hunter’s Rest, High Street, Ventnor.

DETAILS OF THE APPLICATION

2. An application has been received from David King and James Williams for the grant of a Public Entertainment Licence in respect of Hunter’s Rest, High Street, Ventnor [formerly Central Tap Hotel] (Appendix 1).

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

Monday – Thursday: 1000 hours – 2300 hours

Friday – Saturday: 1000 hours – 0200 hours the following morning

Sunday: 1200 hours – 2230 hours

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

4. The Licensing Justices have granted a Liquor Licence for the hours as set out below:

Monday – Saturday: 1000 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

5. The premises are situated in Ventnor High Street, which is a mixture of business and residential property. There are two other premises in the High Street holding Public Entertainment Licences, and seven other premises in the Ventnor area with Public Entertainment Licences. A list of the premises with days and times is attached (Appendix 2)

6. A plan of the area is attached (Appendix 3).

RELEVANT HISTORY

7. The premises previously held a Public Entertainment Licence from 6 October 2000 until 5 October 2002.

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(s) who have been requested to attend the meeting to answer any questions Members may have.

FORMAL CONSULTATION

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

11. The Isle of Wight Fire and Rescue have been advised of the application and objected as at the time of their inspection refurbishment work was still underway. The applicant has advised that work has now been completed and Fire Safety have been requested to carry out a further inspection. However, the Fire Safety Department have advised that owing to finite staffing levels and depending on the priority assigned to the request, a response may take between 7 days and 9 weeks. Copies of the correspondence are attached at Appendix 4.

12. The Council’s Environmental Protection Section are concerned about the potential for noise disturbance to neighbouring residential premises and have recommended that conditions be imposed on any licence grated relating to the installation of an electronic sound limiter and external doors and windows being kept shut. A copy of the 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.

13. The local Councillor has been advised of the application and has concerns that the premises are being used as accommodation for recovering alcoholics and as the premises have, in the past, had considerable concerns raised about noise nuisance. Councillor Lawson also disagrees with a licence being granted until 0200 hours Friday and Saturday and on 24 December. A copy of Councillor Lawson’s comments is attached (Appendix 6). Councillor Lawson has been advised of the date, time and location of the meeting should she wish to attend.

A letter has been received from Positive Imagery in response to the comments regarding the use of the premises advising that the supportive housing is no longer run from this address and that there are no resident alcoholics, a copy of which is attached (Appendix 7).

In light of the letter from Positive Imagery Councillor Lawson has withdrawn her comments regarding the use of the premises, but has advised that her comments regarding noise and the times requested still stand.

THIRD PARTY REPRESENTATIONS

14. The application has been advertised in the Isle of Wight County Press and five letters of objection have been received, copies of which are attached (Appendix 8).

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

16. A letter has been received from the applicants’ representative making several points that the applicant would like the Panel to take into consideration when determining the application (Appendix 9).

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.

IMPLICATIONS UNDER THE CRIME AND DISORDER

21. 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

22. 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 applicants’ rights to run their business.

OPTIONS

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

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

25. 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.

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

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

EVALUATIONS/RISK MANAGEMENT

28. 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.

29. It is the applicants’ responsibility to carry out a risk assessment.

RECOMMENDATIONS

30. Members are asked to determine the application.