SUMMARY/PURPOSE

To consider the imposition of a condition relating to the provision of a noise limiter on renewal of the Public Entertainment Licence in respect of Club K, 2B Orchard Street, Newport.

BACKGROUND

1. An application has been received from John Blacklock and Leon Timothy Simms for the renewal of the Public Entertainment Licence in respect of Club K, 2B Orchard Street, Newport.

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

Monday & Tuesday: 0900 hours – 0200 hours the following morning

Wednesday – Saturday: 0900 hours – 0300 hours the following morning

Sunday: 0900 hours – 0100 hours the following morning

24 December 2002: 0900 hours – 0400 hours the following morning

31 December 2002: 0900 hours – 0600 hours the following morning.

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

Monday – Saturday: 1030 hours – 0200 hours the following morning

Sunday: 1030 hours – 0030 hours the following morning

Sundays preceding a Bank Holiday (excluding Easter Sunday): 1030 hours – 0200 hours the following morning.

OUTCOME OF CONSULTATIONS

1. The application has been advertised in the Isle of Wight County Press and no letters of objection have been received.

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

3. The Council’s Environmental Protection Section have been advised of the application and are opposed to the renewal of the application until the applicants meet the requirements in respect of the electronic sound limiter and the condition is subsequently applied to the licence. A copy of their comments is attached (Appendix 1).

4. The local Councillor has been advised of the application, however, no comments have been received.

LEGAL IMPLICATIONS

1. 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.

2. 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.

3. 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.

OPTIONS

(a) To renew the licence for the hours requested by the applicants under the same terms and conditions as the current Licence.

(b) To renew the licence for the hours requested by the applicants with the noise limiter condition attached as recommended by the Environmental Protection Section.

RECOMMENDATIONS

Members’ instructions are requested.

BACKGROUND PAPERS

Club K’s Public Entertainment Licensing file.

ADDITIONAL INFORMATION

1. 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.

2. The applicants were advised of the Environmental Protection Section’s comments on 24 September 2002 and were requested to confirm whether they had any objection to the electronic sound limiter condition being imposed on their Licence (Appendix 2).

3. As no response was received to this letter a further letter was sent to the applicants dated 13 November 2002 (Appendix 3).

4. On 14 November 2002 an e-mail was received from the Environmental Protection Section advising that the noise limiter at Club K had been set and that it was in a padlocked box and only the Manager had a key. The Environmental Protection Section requested that the Licensees be written to reiterating the importance of not altering the limiter.

5. A further letter was sent to the Licensees on 14 November 2002 as requested by the Environmental Protection Section but advising the Licensees that confirmation was still required that they had no objection to the noise limiter condition being imposed on the Licence (Appendix 4).

6. On 19 November 2002 a telephone call was made to Club K again requesting written confirmation that there was no objection to the imposition of the noise limiter condition on the Licence. To date no response has been received.

7. The applicants have been requested to attend the meeting to answer any questions that Members may have.

8. An Officer from the Environmental Protection Section has been invited to attend to answer any questions Members may have.

9. The Isle of Wight Fire and Rescue Service carried out a “during performance” inspection and a copy of their report is attached (Appendix 5). The report was copied to the Licensees on 26 September 2002 and on 21 October 2002 a letter was received from the Licensees confirming that the items listed were in hand (Appendix 6).

Contact Point: John Murphy, 823152

J Pulsford

Strategic Director

Finance and Information and County Treasurer