PAPER

Title: APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR THE OCEAN WINE/FOOD BAR, 9 PIER STREET, SANDOWN.

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

To consider an application for the grant of a Public Entertainment Licence for The Ocean Wine/Food Bar, 9 Pier Street, Sandown.

1. As Members will be aware, consideration of this application was deferred at the last meeting in order for the Panel to give consideration to the additional representations.

2. Members are also aware that this application was due to be heard by the Licensing Panel on 11 January 2002 but was adjourned at Mr Woodcock’s request until after the hearing of his appeal against a noise abatement notice that had been served by the Council’s Environmental Protection Section. The appeal was withdrawn and costs were awarded to the Council.

3. Mr Woodcock has now requested that his application be heard and a copy of his letter and sound report are attached (Appendix 1)

4. An application has been received from Dennis Woodcock for the grant of a Public Entertainment Licence in respect of The Ocean Wine/Food Bar, 9 Pier Street, Sandown.

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

1. The application was advertised in the Isle of Wight County Press on 30 November 2001 and no letters of objection were received.

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

3. The Council’s Environmental Protection Section were advised of the application and a copy of their comments dated 3 December 2001 and 30 May 2002, and a copy of a letter sent to Mr Woodcock dated 27 February 2002, are attached (Appendix 2).

4. The local Councillor was advised of the application but no comments have been received.

5. The Town Council was advised of the application and a copy of their comments dated 12 December 2001, and a copy of their letter withdrawing their comments dated 7 July 2002 are attached (Appendix 3).

6. The Isle of Wight Fire and Rescue Service was advised of the application and a copy of their comments is attached (Appendix 4).

7. The Council’s Building Control Department were advised of the application and a copy of their comments is attached (Appendix 5).

8. Before a full licence is granted items 3, 6 and 7 would have to be complied with.

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

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

(c) 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.

(f) To issue the Licence once the Fire and Rescue Service and Building Control are satisfied with the rear external fire escape.

RECOMMENDATIONS

Members instructions are requested.

2. The applicant had been advised of the Environmental Protection Section’s comments, and was sent a copy of the Town Council’s comments. Copies of the two objections have been sent to the applicant who has been invited to attend the meeting to answer any questions that members may have.

3. A copy of Mr Woodcock’s letter in response to the objections is attached (Appendix 7).

4. A copy of Mr Woodcock’s submission in support of his application is attached (Appendix 8).

5. A copy of Mr Woodcock’s further submission in support of his application is attached (Appendix 9).

6. Member should be aware that the applicant placed a notice outside his premises stating the name of a complainant when served with a noise abatement notice. This could have resulted in public disorder under the Crime and Disorder Act 1998, and the Panel may wish to consider this applicant’s fitness to hold a Public Entertainment Licence.

7. The appropriate Officer of the Environmental Protection Section has been requested to attend.