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North Somerset Council

REPORT TO THE : Licensing sub committee

Date of Meeting: 16 september 2005

Subject of Report: Application to convert and vary existing licence to premises licence for the moon & sixpence, 15 the beach clevedon, north somerset, bs21 7qu

Town or parish: clevedon

Officer/Member presenting: caroline horton

Key Decision: n

RECOMMENDATIONS

That the sub committee grants the application to convert the existing licence into a Premises Licence and to determine the application to vary the Premise Licence.

1. Summary of Report

1.1 An application (Copy attached at Annex A). has been received for the conversion and variation of a current Justices On Licence to a premises Licence under the Licensing Act 2003 in respect of the Moon & Sixpence, 15 The Beach, Clevedon, North Somerset, BS21 7QU

2. Policy

N/A

3. Details

3.1 An application has been received for the conversion and variation of a current Justices On Licence (Copy of Licence attached at Annex B) in respect of Moon & Sixpence, 15 The Beach, Clevedon, North Somerset, BS21 7QU

3.2 The current On Licence allows the premises to sell and supply alcohol for consumption on or off the premises between the following hours :

Monday to Saturday 10:00 – 23:00

Sunday 11:00 – 22:30

New Years Eve 10:00 – 24:00

New Years Day 00:00 – 23:00

Christmas Day 12:00 – 15:00 & 19:00 – 22:30

3.1 The variations applied for are :

1) To supply alcohol On and Off the Premises, between the following hours :

Monday to Thursday 11:00 – 23:00

Friday and Saturday 11:00 – 00:00

Sunday 12:00 – 23:00

For non-standard timings and seasonal variations - Christmas Eve, Christmas Day, Boxing Day, Spring and August Bank Holidays, New Years Day, Good Friday, Easter Saturday, Sunday and Monday plus any other Bank Holidays between 11:00 – 02:00.

On 12 Events during the year as organised by tenant between 11:00 –00:00.

2) To provide regulated entertainment indoors ( as outlined in section E of Part B of the application form) between the following hours :

Wednesday 19:00 – 23:00

Saturday 19:00 – 00:00

Non standard timings to reflect those as specified for supply of alcohol.

3) To provide Late Night Refreshment (as outlined in section L of Part B of the application between the following hours:

Friday and Saturday 23:00 – 00:00

Non standard timings to reflect those as specified for supply of alcohol.

4) To request opening times for the premises to be :

Monday 11:00 – 23:00

Tuesday– Thursday 11:00 – 23:30

Friday and Saturday 11:00 – 00:30

Sunday 12:00 – 23:30

For non-standard timings and seasonal variations - Christmas Eve, Christmas Day, Boxing Day, Spring and August Bank Holidays, New Years Day, Good Friday, Easter Saturday, Sunday and Monday plus any other Bank Holidays between 11:00 – 02:30.

On 12 Events during the year as organised by tenant between 11:00 –01:00.

3.2 A site plan will be made available to view at the hearing or in advance at the Licensing Offices, Environmental & Consumer Services, North Somerset Council, Somerset House, Oxford Street, Weston-super-Mare, BS23 1TG.

3.3 The Licensing Act 2003 (Section 4) states that it is the duty of all Licensing Authorities to carry out their functions under the Act with a view to promoting the licensing objectives. The licensing objectives are :

a) The Prevention of Crime and Disorder.

b) Public Safety.

c) The Prevention of Public Nuisance, and

d) The Protection of Children from Harm.

Each objective is of equal importance; there are no other licensing objectives so these four are of paramount consideration at all times. When considering applications/representations/notifications the Licensing Authority will have regard to these licensing objectives.

3.4 The Licensing Authority must grant the application for a conversion of an existing licence unless the police object (Statutory Guidance 13.21).

3.5 A person or business that makes an application for the conversion of an existing licence may at the same time apply for a variation of the newly converted premises licence under Section 34 of the Licensing Act 2003 as if that converted licence is in force.

3.6 The Licensing Authority may vary and grant the application with or without additional conditions.

3.7 The Licensing Authority can refuse the variation or part of the variation, as it considers necessary for the promotion of the licensing objectives.

3.8 The Licensing Authority may not however do anything to reduce the affect of the rights guaranteed under the first part of the application to convert the existing licence to a new premises licence. So for example it could not reduce the hours of trading less than the permitted hours under the Licensing Act 1964.

3.12 The Licensing Authority should also have regard to the Council’s Licensing Policy, the Statutory Guidance issued under section 182 of the Licensing Act 2003, and the Licensing Act itself.

3.13 If the application is refused the applicant may appeal within 21 days of the notification to the Magistrates Court.

If the application is granted the person making the relevant representation may appeal within 21 days of the notification to the Magistrates Court.

On appeal the court may either dismiss the appeal; substitute the decision appealed against for any other decision which could have been made by the Licensing Authority, or remit the case to the Licensing Authority to dispose of it in accordance with the direction of the Court. The Court may make such order for costs, as it thinks fit.

REPRESENTATIONS

The Prevention of Public Nuisance

3.14 Relevant representations have been received which relate to the Prevention of Public Nuisance from local residents. (See Annex C). There is concern that the later hours will result in an increase of litter, noise, disturbance of sleep and anti social behaviour caused by patrons leaving the premises. The granting of the application would be detrimental to the health and well being of the residents.

The Prevention of Crime and Disorder

3.15 In considering any police representation, the jurisdiction of the Licensing Authority is restricted to considerations relating to the Crime Prevention objective and it has no discretion outside of that issue (Statutory Guidance 13.20)

3.16 No police objection has been received in this case. Representation has been made from residents with regard to this objective alleging that property had been damaged in the past and that the later hours would cause an increase in vandalism and criminal damage.

Public Safety

3.17 Representation has been received in respect of this objective from residents in relation to parking facilities allegedly these are very limited causing patrons to park their vehicles in nearby roads often on double yellow lines. Broken glass and debris has been left on the beach in the past

The Protection of Children from Harm

3.18 No objection has been received in respect of this objective.

2. Consultation

4.1 In accordance with the requirements of the Act the applicant served copies of the application upon the police, the fire authority, environmental health (health and safety team, environmental protection team), development control, child protection team and trading standards.?A

4.2 The applicant is required to place a notice at the premises for a period of 28 days starting with the day after the application is made and to display an advertisement in a newspaper circulating in the locality of the premise to which the application relates.

3. Financial Implications

N/A

4. Equality Implications

N/A

5. Corporate Implications

N/A

6. Options considered

N/A

Author

Caroline Horton

Licensing Team

01934 634528

e mail : caroline.horton@n-somerset.gov.uk

Background Papers

Licensing Act 2003.

Guidance to the Licensing Act issued under section 182 of the ‘Act’.

Licensing Act Regulations.

Statement of Licensing Policy for North Somerset Council.