Committee Report NSC

 

4
 
North Somerset Council

 

REPORT TO THE : Licensing act 2003 sub committee

 

Date of Meeting: 28th September 2005

 

Subject of Report: Application to convert and vary existing licence to premises licence for Backwell school, station road, backwell, somerset, bs48 3bx

 

Town or parish: backwell

 

Officer/Member presenting: sioux isherwood

 

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 Backwell School, Station Road, Backwell, Somerset, BS48 3BX

 

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 Backwell School, Station Road, Backwell, Somerset, BS48 3BX

 

3.2             The current Public Entertainment Licence allows public music, dancing or other entertainment of a like kind between the following hours:

 

 

Monday to Friday                  14:30 – 23:59

 

Saturday                                 14:30 – 23:45

 

3.3       The current Theatre licence permits the sale of alcohol in a specifically designated area during performances.

            Number of performances is limited to 80 days per annum, 14 days notice to be given prior to each.

 

            No performances after 11.30 pm or between 2am and 2pm on Sundays.

 

            No performances permitted on Christmas Day.

 

4.0       The variations applied for are :

 

4.1       To supply alcohol On the Premises, (as outlined in section M of Part B                                    of the application form) between the following hours:

 

 

                      Sunday - Thursday                  14:30 – 23:00

 

Friday & Saturday                 14:30 -  02:00

 

 

4.2       To provide regulated entertainment (as outlined in section A of part B of the   application form) between the following hours:

 

Monday – Sunday                 14:30 – 23:00

 

 

4.3       To provide regulated entertainment (as outlined in sections E , F & J of part B            of the application form) between the following hours:

 

Monday – Thursday 14:30 – 23:00

 

Friday & Saturday                 14:30 – 02:00

 

4.4       To provide regulated entertainment (as outlined in sections G & I of part B of the application form) between the following hours:

 

Monday – Sunday                09:00 – 23:00

 

                       

4.5       To request opening times for the premises to be:

 

Monday - Sunday                  08:30 –

 

 

5.         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.

 

6.         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.

 

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

 

8.         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.

 

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

 

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

 

11.       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.

 

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.

 

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.

 

14.0    REPRESENTATIONS

 

            The Prevention of Public Nuisance

 

14.1    Relevant representations have been received which relate to the Prevention of Public Nuisance from local residents.(See Annex C). 

 

14.2    The representations allege that the increased noise and additional traffic using the school premises and associated access roads would cause a disturbance to sleep and create a public nuisance.

 

            Concerns have also been raised regarding noise disturbance from both entertainment being provided and from clientele leaving the premises.

            Objectors allege that the granting of this licence would prove detrimental to the health and well-being of residents living in close proximity to the school premises.

 

The Prevention of Crime and Disorder

 

14.4    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)

 

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

 

            Public Safety

 

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

 

The Protection of Children from Harm

 

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

 

 

 

15.      Consultation

 

15.1    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

 

15.2    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.

 

16. Financial Implications

 

N/A

17. Equality Implications

 

N/A

 

18.Corporate Implications

 

N/A

 

19.Options considered

 

N/A

 

Author

 

Sioux Isherwood

Licensing Team

01275 884596

e mail : sioux.isherwood@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.