Licensing (Determinations) Sub Committee Minutes

1. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 11 April 2007 be confirmed.

1. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

2. REPORT OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper B, the report of the Head of Consumer Protection, providing details of an application made by the Police under Section 51 of the Licensing Act 2003 to review a Premises Licence.

A schedule of any additional representations, received after the printing of the reports, was submitted to Members prior to the consideration of each relevant application. Members noted that a record to this effect would be contained within the minutes.

Details of any proposed additional steps to promote the licensing objectives were set out in the reports of the Head of Consumer Protection, circulated with the agenda.

The Sub Committee followed the agreed procedure, which had been previously circulated to all parties prior to the meeting. After the hearing of each application in turn, the Sub Committee presented the following decisions and the reasons for that decision.

RESOLVED:

THAT upon receiving the report of the Licensing section, oral and written evidence from the applicant and having regard to the Guidance issued under s182 of the Licensing Act 2003 and the Isle of Wight Council’s Statement of Licensing Policy 2004 – 2007, the application be determined as detailed below:

Decision Ref	1 (07/08)
Application:	Application for the Review of a Premises Licence for The Duncroft Hotel (Wight Rabbit Bar), 2 Wilton Park Road, Shanklin, Isle of Wight
Public Participants:	Sergeant G Mudge (Licensing Sergeant) PC Cleightonhills (Hampshire Constabulary) Inspector W Pinnell (Hampshire Constabulary) Mr A Brennan (Local Resident) Cllr D Pugh (Local Member) Mr M Cleary (Trading Standards Officer) Mrs J Rogers-Thorne (Local Resident) Mr B Oxford (Representative for Objector) Mrs G Tobin (Objector)
Comments :	The Isle of Wight Council’s Trading Standards had organised test purchases to be carried out at the premises. It was noted that no person over the age of 16½ was used for test purchases. The tests had been carried out on 1 February 2007, 1 March 2007 and 5 April 2007.
Reasons for Decision:	The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Crime and Disorder, Public Safety, the Prevention of Public Nuisance and the Protection of Children From Harm, in particular and in accordance with the Isle of Wight Council’s Statement of Licensing Policy and to the Guidance issued under s182 of the Licensing Act 2003. The committee considered that the licensed premises had failed to promote the licensing objectives, specifically the protection of children from harm, crime and disorder or the prevention of public nuisance. Members believed that there had been sale of alcohol to minors, and there had been fights associated with licensable activities on the premises. Members believed that the Designated Premises Supervisor had failed to exercise proper control of the premises. Members also believed that the additional conditions were a proportionate response. In reaching the decision the sub committee had had regard to the Human Rights Act 1998, and in particular Article 1 of the First Protocol, Article 8 and Article 6. The sub committee considered the decision to be proportionate and necessary for the promotion of the four licensing objectives under the Licensing Act 2003. The Sub Committee advised the applicant that they had a right of appeal to the Magistrates Court if they were dissatisfied with the decision, and that any such appeal had to be made within 21 days.
Resolution:	THAT the Premises Licence for the Duncroft Hotel, (White Rabbit Bar), 2 Wilton Park Road, Shanklin, Isle of Wight be modified. The licence to be modified to such an extent as members had considered necessary for the promotion of the four licensing objectives, namely by requiring the following additional conditions to be added to the licence :
Conditions:	(i) No sale of alcohol to non residents of the hotel after 2300 hours. (ii) No sale of alcohol to residents of the hotel after 0200 hours on Friday or Saturday and not after 0100 hours on Sunday to Thursday (iii) A register of all residents shall be immediately available to the licensing authority or police officer on request. (iv) Notwithstanding condition (i) above licensable activities shall be permitted until 0200 hours on no more than 15 occasions per calendar year if the prior written approval of the licensing authority is obtained. Such approval to include numbers of door staff required for such occasions as is applied for.

CHAIRMAN