n2es2711 em (2).doc

Agenda Item No: 5 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel LICENSING SUB-COMMITTEE Date 06.12.06 Originating Service Group(s) REGENERATION & ENVIRONMENT Contact Officer(s)/ E MORETON Telephone Number(s) 5033 Title/Subject Matter LICENSING ACT 2003 - APPLICATION FOR A PREMISES LICENCE IN RESPECT OF RED FORT HERIAN HOUSE, FOLD STREET/SALOP STREET, WOLVERHAMPTON WV1 4NP

Recommendation Members are requested to consider an application for a Premises Licence.

n2es2711 em (2).doc

APPLICATION FOR A PREMISES LICENCE IN RESPECT OF RED FORT HERIAN HOUSE, FOLD STREET/SALOP STREET,

WOLVERHAMPTON WV1 4NP

1.0 Purpose of Report 1.1 To submit for consideration by the Sub-Committee an application for a Premises

Licence. 2.0 Background 2.1 On 13 October 2006 an application was received from Shander Herian, Director of SDS

Foods Ltd, Herian House, Fold Street/Salop Street, Wolverhampton WV1 4NP for a Premises Licence in respect of Red Fort, Herian House, Fold Street/Salop Street, Wolverhampton WV1 4NP. A copy of the application is attached at Appendix 1. The premises are in the St Peter’s Ward and a location plan is attached at Appendix 2.

2.2 The application is in respect of live music, recorded music, performances of dance,

making music, dancing, late night refreshment and the supply of alcohol. 2.3 The precise details of the application applied for can be found within the operating

schedule of the application (Appendix 1 at pages 8-14). 2.4 It is the understanding of the Licensing Authority that the application for the Premises

Licence has been properly made. The statutory requirement to give notice of the application has also been complied with.

2.5 No relevant representations have been received from the Trading Standards,

Environmental Services, Social Services, the Planning Department or any interested parties, namely persons in the vicinity of the premises.

2.6 The West Midlands Fire Service have made relevant representations and are objecting

to this application. A copy of their letter is attached at Appendix 3. 2.7 The Police have negotiated with Shander Herian, amendments to the operating

schedule. A copy of the proposed conditions are attached at Appendix 4. 2.8 The applicant, a Director of Company and the West Midlands Fire Service have been

invited to attend the hearing. 3.0 Local Authority’s Powers 3.1 All applications shall be determined in accordance with the four licensing objectives

namely:

• The prevention of crime and disorder; • Public safety; • The prevention of public nuisance; • The protection of children from harm.

3.2 Regard shall be had to guidance issued by the Secretary of State under Section 182 of

the Licensing Act 2003 and Wolverhampton City Council’s Licensing Policy Statement.

n2es2711 em (2).doc

4.0 Human Rights Implications 4.1 This report has human rights implications for both the applicant and the residents from

the local neighbourhood. Refusal of a licence may have financial implications for a licensee’s business and livelihood whereas granting a licence may have impact upon the day to day lives of residents living in close proximity to the premises and the safety of those employed at the premises and attending them.

4.2 Article 8(i) of the European Convention of Human Rights provides that everyone has the

right to respect for his/her private and family life and his/her home (which includes business premises). This right may be interfered with by the Council on a number of grounds including the protection of rights and freedoms of others. The First Protocol – Article 1 – also provides that every person is entitled to the peaceful enjoyment of his possessions and shall not be deprived of his possessions except in the public interest and conditions provided for by law. Members must accordingly make a decision which is proportionate to the hearing and endeavour to find a balance between the rights of the applicant, residents and the community as a whole.

5.0 Resource Implications 5.1 There are no financial implications arising from this report. 6.0 Equalities Implications 6.1 This report does not have any direct equality implications. However the comments of the

West Midlands Fire Service relate to issues that may have a greater impact on disabled persons.

7.0 Environmental Implications 7.1 This report has environmental implications in that the nature of the entertainments

proposed in the application may give rise to some and disturbance in the vicinity of the establishment.