RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCES : Licensing and Regulatory Committee on 13/01/2003

Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 13/01/2003
RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCES

The purpose of this report is to enable the Committee to determine applications received for renewal of annual public entertainment licence for the premises listed below for the licensing year from 1st November 2002 to 31st October 2003.

The report has no significant environmental or “Opportunities for All” implications and payment of the fee for the licence contributes to the resource implications.

APPENDIX F

WAVERLEY BOROUGH COUNCIL

LICENSING AND REGULATORY COMMITTEE – 13TH JANUARY 2003

Title:

RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCES

[Wards Affected: All Town Wards]

Summary and Purpose

The purpose of this report is to enable the Committee to determine applications received for renewal of annual public entertainment licence for the premises listed below for the licensing year from 1st November 2002 to 31st October 2003.

The report has no significant environmental or “Opportunities for All” implications and payment of the fee for the licence contributes to the resource implications.

Unopposed Applications for the Renewal of Public Entertainment Licence

1. Applications have been received for the renewal of the Public Entertainment Licences to cover entertainments as listed in respect of the following premises:

Premises	Licences for renewal
Godalming Leisure Centre, Summers Road, Godalming	Indoor Sports
Cranleigh Leisure Centre, Village Way, Cranleigh	Indoor Sports
Haslemere Hotel, Lower Street, Haslemere	Music and Dancing
Duke of Cambridge, East Street, Farnham	Music and Dancing, Sunday Music and Dancing

2. No representations have been received in respect of the applications and the Police have no objection to the renewals. The current licences were due to expire on 31st October 2002 and ‘hold over’ while the renewal is considered. The new licences will operate from 1st November 2002 to 31st October 2003.

3. The recommendation is for approval in each case, subject to the satisfactory completion of any items of repair which may be required to ensure the premises meet the standards laid down in the Council's Regulations and General Conditions. It will be necessary to attach conditions to the licences, including the maximum number of persons permitted to attend functions.

Community Safety Implications

4. The impact of this report as part of the Section 17 requirements of the Crime and Disorder Act 1998 could be summarised as recognising that proper licensing of each of these premises allows better control of noise, public safety, and consideration of any comments made by the Police and Fire authorities in respect of each premises. Doorstaff must be registered with the Council, where employed, and this gives additional control of events in accordance with the Council’s doorstaff registration scheme.

Environmental/Resource/"Opportunities for All" Implications

5. There were two complaints from local residents about noise from the Haslemere Hotel. These were addressed by Environmental Health Officers at the time and subsequently, after monitoring by neighbours, it was reported that the situation had improved and the residents said they would contact the Council again if there was any further noise nuisance. No further contact has been made to date.

6. The report has no other specific implications under this heading, and the payment of the licence fee where applicable allows the Council to recover a proportion of its costs in carrying out the licensing function.

Human Rights Implications

7. The Human Rights Act 1998 incorporated into English law the protection of human rights enshrined in the European Convention on Human Rights (ECHR). The Council must have regard to the human rights of individuals affected by its decisions.

8. Article 1 of the First Protocol of the ECHR provides for the protection of private property and possessions. There is a decision of the European Court of Human Rights relating to the economic value of a licence to serve alcohol (in a Swedish case) where such a licence has been considered to be a “possession” within the meaning of Article 1. In the circumstances the Committee must consider the impact of Article 1 of the First Protocol on any decision relating to the suspension, revocation or non-renewal of licences granted by the Council.

9. The full text of Article 1 (as follows) should be considered:-

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

10. In having regard to rights protected by Article 1 of the First Protocol, the Council must find a fair balance between those rights and the general interest of the community, where necessary. The Committee must have regard to the public interest, (in proper function of the licensing authority) as well as the general, and in granting public entertainment licences there is the issue of public safety.

Recommendation

It is recommended that, subject to satisfactory completion of any items of repair which may be required to ensure that the premises meet the standards laid down in the Council’s Regulations and General Conditions, including the maximum number of persons to be admitted, the application for Public Entertainment Licences as listed at Paragraph 1 above be granted.

Background Papers (CEx)

Applications for licences referred to; correspondence and representations received in respect of the applications

CONTACT OFFICER:

Name: Mrs R Hughes Telephone: 01483 523225
E-mail: rhughes@waverley.gov.uk

comms/licensing/2002-03/031