SUMMARY/PURPOSE

To consider an application for the grant of a Public Entertainment Licence for Chapter I, 7 Palmerston Road, Shanklin.

BACKGROUND

1. An application has been received from Simon Howard Bodenham for the grant of a Public Entertainment Licence in respect of Chapter I, 7 Palmerston Road, Shanklin.

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

All days: 1200 hours – 0200 hours the following morning

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

Monday – Saturday: 1030 hours – 0000 hours.

Sunday: 1200 hours – 2230 hours.

4. A Special Hours certificate is to be applied for to allow alcohol to be served until 0200 hours the following morning, if the Public Entertainment Licence is granted as requested by the applicant.

OUTCOME OF CONSULTATIONS

1. The application has been advertised in the Isle of Wight County Press and 12 letters of objection have been received, copies of which are attached (Appendix 1).

2. The Hampshire Constabulary have confirmed that they have no objection to this application subject to the imposition on the licence of condition 1.8 of the Council’s Additional Conditions relating to the provision of CCTV, and condition 11 of the Council’s Additional Conditions relating to the provision of Door Stewards (Appendix 2).

3. The Council’s Environmental Protection Section are objecting to the application at present, their comments are attached (Appendix 3).

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

5. The Isle of Wight Fire and Rescue Service have been informed of the application, their comments are attached (Appendix 4).

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 grant the licence for the hours requested by the applicant.

(b) To grant a provisional licence subject to a noise assessment being carried out and any recommended work being completed.

(d) 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.

(e) To grant a licence for a period of less than one year.

(f) To refuse the application for a Public Entertainment Licence.

RECOMMENDATIONS

Members’ instructions are requested.

BACKGROUND PAPERS

Chapter I 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. Copies of the letters of objection have been sent to the applicant who has been requested to attend the meeting to answer any questions that members may have.

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

4. An Officer of the Environmental Protection Section has been requested to attend the meeting to answer any questions Members may have.

5. The Council can only refuse to confirm a provisional grant if:

the required work has not been satisfactorily completed.

the licensee is no longer a fit and proper person to hold a licence, eg, there has been a relevant criminal conviction since the provisional grant.

Contact Point: John Murphy, 823152

J Pulsford

Strategic Director

Finance and Information and County Treasurer