Licensing Sub Committee Minutes

90. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

91. URGENT BUSINESS

There were no urgent items of business for consideration.

92. 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 for a Premises Licence for Landguard Manor, Landguard Manor Road, Shanklin, Isle of Wight in accordance with Section 17(1)(a) of the Licensing Act 2003.

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

RESOLVED:

THAT upon receiving the report of the Licensing section, oral and/or written evidence from the applicant, interested parties and 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

Application:

Application for a Premises Licence for Landguard Manor, Landguard Manor Road, Shanklin, Isle of Wight

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities

(a)	Plays	Not required
(b)	Films	All days 09.00 hrs to 22.00 hrs.
(c)	Indoor Sporting Events	Not required
(d)	Boxing or Wrestling	Not required
(e)	Live Music	All days. Indoors: 11.00 hrs to 00.01 hrs Outdoors (including in any temporary structure): 11.00 hrs to 20.00 hrs or sunset which ever is the later
(f)	Recorded music	All days Indoors: 11.00 hrs to 00.01 hrs Outdoors (including in any temporary structure): 11.00 hrs to 20.00 hrs or sunset which ever is the later
(g)	Performances of Dance	All days Indoors: 11.00 hrs to 00.01 hrs Outdoors (including in any temporary structure): 11.00 hrs to 20.00 hrs or sunset which ever is the later
(h)	Anything similar to (e) (f) (g) above	All days Indoors: 11.00 hrs to 00.01 hrs Outdoors (including in any temporary structure): 11.00 hrs to 20.00 hrs or sunset which ever is the later

	Provision of Entertainment Facilities

(i)	making music	All days Indoors: 11.00 hrs to 00.01 hrs Outdoors (including in any temporary structure): 11.00 hrs to 20.00 hrs or sunset which ever is the later
(j)	dancing	All days Indoors only: 11.00 hrs to 00.01 hrs
(k)	entertainment similar to (i) & (j) above	All days Indoors: 11.00 hrs to 00.01 hrs Outdoors (including in any temporary structure): 11.00 hrs to 20.00 hrs or sunset which ever is the later

	Late Night Refreshment	Not required

	Supply of Alcohol	All days 11.00 hrs to 01.00 hrs

	Other Times Premises Proposed To Be Open To The Public	All days 09.00 hrs to 01.30 hrs

Public Participants:

Mrs D Mitchell (Applicant)

Mr B Keen (Objector)

Mrs P Weber (Objector)

Mrs Gorbutt (Objector)

Additional Representations:

None

Comments :

Members confirmed that they had all read the relevant papers.

A schedule of eleven Conditions, which had been agreed and signed by the applicant on 9 January 2006, were circulated to all parties. The applicant agreed to an amendment to Condition 9 limiting the number of pyrotechnics or firework displays to five per year.

The applicant circulated two copies of aeriel photographs of the premises and surrounding neighbourhood.

The applicant and the interested parties were advised of their right of appeal to the Magistrates Court if they were dissatisfied with the decision and that any appeal had to be heard within 21 days.

Reasons for Decision:

In reaching the following decision the sub-committee 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 that their decision was proportionate and necessary for the promotion of the four licensing objectives under the Licensing Act 2003.

Resolution:

THAT the licence be granted in accordance with the application subject to those conditions proposed by the applicant within the operating schedule and also subject to the mandatory conditions specified in the Licensing Act 2003, but modified to such an extent as considered necessary for the promotion of the four licensing objectives, namely by requiring the following:

Conditions:

i) The schedule of agreed conditions Nos 1 – 11, dated 9 January 2006, signed by the proprietor Mrs D Mitchell and subject to the amendment of Condition No 9 to limit the number of pyrotechnics and/or firework displays to 5 per year;

ii) No fireworks and/or pyrotechnics shall be used or displayed on site until a scheme of notification of future events has been agreed with the Local Authority. Such fireworks or pyrotechnics shall only thereafter be permitted in accordance with the agreed scheme for the prevention of public nuisance.

CHAIRMAN