PURPOSE/REASON

1. To consider an application for the grant of a Public Entertainment Licence for Club House, 26 Newport Road, Cowes.

DETAILS OF THE APPLICATION

2. An application has been received from Mr S Reynolds for the grant of a Public Entertainment Licence in respect of Club House, 26 Newport Road, Cowes.

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

Monday – Thursday: 2100 hours – 0100 hours the following morning

Friday and Saturday: 2100 hours – 0200 hours the following morning

Sunday: Closed

4. Should the application for a Public Entertainment Licence be successful the applicants intend to 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. A plan showing the premises will be displayed at the meeting.

6. The premises are adjacent to a main road, in a residential area.

RELEVANT HISTORY

7. The premises were previously known as Cowes Social Club, and have not previously held a Public Entertainment Licence.

8. Four noise complaints relating to noise were received by Environmental Protection between 23 March 2002 and 15 November 2003.

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 has confirmed that they will object to the application and a copy of their comments are attached at Appendix 1 (a).

12. The Isle of Wight Fire and Rescue Service have commented on the application and a copy of their comments is attached at Appendix 1 (b),

13. The Council’s Environmental Protection Section have commented on the application and a copy of their comments is attached at Appendix 2. An officer of that Section will be attending the meeting to answer any questions Members may have.

14. The local Councillor has been advised of the application and has confirmed that he has no objection to this application.

15. Cowes Town Council has been advised of the application and has confirmed that they will object to the application and a copy of their comments is attached at Appendix 3.

THIRD PARTY REPRESENTATIONS

16. The application has been advertised in the Isle of Wight County Press and 36 letters of objection and one petition have been received, copies of which are attached at Appendix 4 for members of the Panel and will be available on the Councils web site. Copies are also available on request to Committee services

17. Copies of the objections/comments have been sent to the applicant.

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

FINANCIAL IMPLICATIONS

19. 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

20. 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.

21. 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.

22. Each application should be considered individually so as to comply with the rules of Natural Justice.

IMPLICATIONS UNDER THE CRIME AND DISORDER

23. 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

24. 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 public entertainment licensing 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

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

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

27. 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 including those recommended by Environmental Protection and required by the Fire Officer.

28. To grant a licence for a period of less than one year, together with the terms and conditions referred to in option 27.

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

EVALUATIONS/RISK MANAGEMENT

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

31. Officers are of the opinion that if the Panel is minded to grant the application, it may wish to issue a short term licence so that any potential noise problems can be evaluated, and advise the licensees that it will be reviewed at the end of the period of that licence.

RECOMMENDATIONS

32. If the Panel are minded to grant the licence they are recommended to adopt option 28.