MINUTES OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON THURSDAY, 11 AUGUST 2005 COMMENCING AT 9.30 AM

 

Present :

                        Cllrs Mike Cunningham (Chairman), Muriel Miller, David Whittaker

 

 

 


13.             MEMBERSHIP OF COMMITTEE

 

It was noted that Cllr David Whittaker was in attendance as a nominated substitute for Councillor George Cameron.  It was confirmed that Cllr David Whittaker had undergone the appropriate licensing training.

 

RESOLVED :

 

            THAT the change in membership be noted.

 

14.             MINUTES

 

RESOLVED :

 

THAT the minutes of the meeting held on 28 July 2005 be confirmed.

 

15.             DECLARATIONS OF INTEREST

 

There were no declarations of interest made at this stage.

 

16.             URGENT BUSINESS

 

There were no urgent items of business for consideration.

 

17.             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 the Conversion and Variation of a Premises Licence, received during the transitional period, in accordance with Schedule 8, paragraph 2(2) and Schedule 8, paragraph 7(1)(b) of the Licensing Act 2003.

 

Details of any uncontested conditions, agreed in accordance with Officer recommendation to promote licensing objectives, were set out in the report 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 and after due consideration of the application and to the letter of objection 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 written evidence from the interested parties 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

17

Application:

Application for the Conversion and Variation of a Premises Licence at the Three Bishops, Main Road, Brighstone, Isle of Wight

Details:

 

Provision of Regulated Entertainment

Hours of Licensable Activities

 

 

 

(a)

Plays

N/A

(b)

Films

N/A

(c)

Indoor Sporting Events

N/A

(d)

Boxing or Wrestling

N/A

(e)

Live Music

1030hours to 2400hours

(Monday-Saturday)

1200hours to 2330hours

(Sunday)

To be limited to 2 entertainers

and karaoke

 

(f)

Recorded music

1030hours to 2400hours

(Monday-Saturday)

1200hours to 2330hours

(Sunday)

(g)

Performances of Dance

N/A

(h)

Anything similar to (e) (f) (g) above

N/A

 

 

 

 

Provision of Entertainment Facilities

 

 

 

 

(i)

making music

 

(j)

dancing

 

(k)

entertainment similar to (i) & (j) above

1030hours to 2400hours

(Monday-Saturday)

1200hours to 2330hours

 (Sunday)

 

 

 

 

Late Night Refreshment

N/A

 

 

 

 

Supply of Alcohol

1030hours to 2400hours

(Monday –Saturday)

1200hours to 2330hours

(Sunday)

 

 

 

 

Other Times Premises Proposed To Be Open To The Public

0900hours to 0030hours

(Monday-Saturday)

0900hours to 2330 hours

(Sunday)

 

 

For all the above -

A further additional hour into the

morning following every Friday,

Saturday, Sunday and Monday

for each May Bank Holiday,

Spring Bank Holiday and every

August Bank Holiday weekend.

 

A further additional hour into the

morning following every Thursday,

 Friday, Saturday, Sunday and

Monday for Easter Bank Holiday

 weekend.

 

A further additional hour every

Christmas Eve and Boxing Day.

 

To reflect New Year’s Eve/Day

hours.

 

 

Conditions to be removed

To remove the condition of the

Supper Hours certificate obliging

sale of alcohol to be ancillary to

table meals.

Public Participants:

Mr Paul Linton (representative of applicant)

Ms Janet Brown (Licencee)

Mr Garret True (Manager)

Additional Representations:

None

Comments :

The objectors, Mr & Mrs Taylor, were unable to attend

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance in particular, in accordance with the Isle of Wight Council’s Statement of Licensing Policy and of the s182 Guidance of the Licensing Act 2003.

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 their decision to be proportionate and necessary for the promotion of all 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 grant of a Variation and Conversion of a Premises Licence for the Three Bishops, Main Road, Brighstone, Isle of Wight be approved, in accordance with the application, subject (only) to those conditions proposed by the applicant within the operating schedule and to the mandatory conditions specified in s19 of the Licensing Act 2003.

 

 

CHAIRMAN