PAPER C

Purpose: For Decision

Committee :    LICENSING PANEL

Date :              5 APRIL 2002

Title :              APPLICATION FOR THE GRANT OF THE PUBLIC ENTERTAINMENT LICENCE FOR THE RYDE CASTLE HOTEL, THE ESPLANADE, RYDE

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

SUMMARY/PURPOSE

To consider an application for the grant of the Public Entertainment Licence for The Ryde Castle Hotel, The Esplanade, Ryde.

BACKGROUND

1.        An application has been received from Carlos Silva, The Ryde Castle, Esplanade, Ryde and Martin Fisher, Green King Pub Co, Abbott House, PO Box 337, Bury St Edmunds for the grant of a Public Entertainment Licence in respect of The Ryde Castle Hotel, The Esplanade, Ryde.

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

           Monday - Thursday :  1100 hours - 2300 hours

           Friday - Saturday :      1100 hours - 2400 hours

           Sunday :                     1200 hours - 2230 hours

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

           Monday - Saturday :   1100 hours - 2300 hours

           Sunday :                     1100 hours - 2230 hours

The premise holds a Supper licence until 2400 hours all days which entitles them to serve alcohol ancillary to food

4.        Members will be aware that at a meeting of the Panel held on 11 January 2002 a previous application was declared invalid due to the applicant no longer being the owner of the premises, and it was resolved that the application be deferred to a subsequent meeting of the Panel.

OUTCOME OF CONSULTATIONS

1.        The application has been advertised in the Isle of Wight County Press and three 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.

3.        The Council’s Environmental Protection Section have been advised of the application and their comments are attached (Appendix 2).

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 community safety 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.

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 licence, unless that opposition or support is based upon valid reasons and concerns which can be sustained.

OPTIONS

(a)       To grant the hours requested by the applicant having regard to the objections and other relevant information.

(b)       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.

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

(d)       To refuse the application to grant the Public Entertainment Licence.

BACKGROUND PAPERS

The Ryde Castle Hotel public entertainment licence file.

ADDITIONAL INFORMATION

1.        The applicant has informed the Council’s Licensing Enforcement Officer that they            intend to use the Public Entertainment Licence on a maximum of five occasions per            year as the premises will mainly be used for private functions.

2.        Environmental Protection advises that recent unitary demonstrates that there may be a noise nuisance and they are therefore recommending that the Panel attaches a condition requiring the use of a noise limiter.

3.        In the past a noise limiter condition has usually been attached to premises that are open beyond 0100 hours. However, the panel has previously asked for premises without a limiter to be reviewed after six months in relation to noise complaints and advised applicants that a noise limiter condition could be attached after that period if noise complaints have been received.

4.        Copies of the letters of objection have been sent to the applicants and they have been invited to attend the meeting to answer any questions that members may have.

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

6.        The Ryde Castle Hotel has held a Public Entertainment Licence for at least ten years.

Contact Point: John Murphy, 823152

J PULSFORD

Strategic Director of Finance and Information

APPENDIX 2

APPENDIX 1