Licensing Sub Committee Minutes

30. ELECTION OF CHAIRMAN

RESOLVED :

THAT Councillor Ivan Bulwer be elected Chairman for the day.

31. MINUTES

RESOLVED :

THAT the minutes of the meetings held on 18 August 2005, 22 August 2005, 23 August 2005 and 24 August 2005 be confirmed.

32. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

33. URGENT BUSINESS

There were no urgent items of business for consideration.

34. 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.

The Sub Committee followed the agreed procedure, which had been previously circulated to all parties prior to the meeting. After the hearing of the application for the Star Inn, in public session, the Sub Committee considered the determination of the application in public session and 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 interested parties and/or responsible authorities 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

34a

Application:

Application for a Conversion and Variation of a Premises Licence for The Star Inn, 40 High Street, Ryde, Isle of Wight, PO32 2HT

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Sunday to Thursday 07:00 hours until 00:30 hours Friday & Saturday 07:00 hours until 01:30 hours
(c)	Indoor Sporting Events	Sunday to Thursday 07:00 hours until 00:30 hours Friday & Saturday 07:00 hours until 01:30 hours
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	Monday to Sunday 07:00 hours until Midnight
(f)	Recorded music	Monday to Thursday 07:00 hours until 00:30 hours Friday & Saturday 07:00 hours until 01:30 hours Sunday 10:00 hours until 00:30 hours
(g)	Performances of Dance	Not Applicable
(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 07:00 hours until Midnight
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Not Applicable
(k)	entertainment similar to (i) & (j) above	Not Applicable
	Late Night Refreshment	Sunday to Thursday 23:00 hours until 00:30 hours Friday & Saturday 23:00 hours until 01:30 hours
	Supply of Alcohol	Monday to Thursday 07:00 hours until Midnight Friday to Sunday 07:00 hours until 01:00 hours
	Other Times Premises Proposed To Be Open To The Public	Monday to Thursday 07:00 hours until 00:30 hours Friday to Sunday 07:00 hours until 01:30 hours
	Non Standard Timings Applicable To All Activities	07:00 hours New Years Eve until 01:00 hours on 2 January. 07:00 hours until 01:00 hours Friday, Saturday, Sunday & Monday on bank holiday weekends, Christmas Eve & Boxing Day. Extend Late Night Refreshment by 1 hour on these days. 07:00 hours until 0200 hours on 12 other occasions at the applicant’s discretion

Public Participants:

Mr Martin Joseph Kinsbury (applicant)

Mr David Burton (designated premises supervisor)

Mr Arnold Spee (objector)

Ms Sheila Orchard (objector)

Mr D Sloper (objector)

Additional Representations:

Sergeant G Mudge

Mr Gareth Davies (Principal Environmental Health Practitioner)

Mr Mike Cleary (Enforcement Officer, Trading Standards)

Comments :

Prior to the commencement of the meeting, Councillor David Whittaker, a trained member of the Licensing Sub Committee, having read the relevant papers, replaced Councillor Cameron on the Licensing panel and time was allowed for him to read the relevant papers.

Members had read the background papers and in light of the applicant agreeing, prior to the meeting, to adopt the three risk reduction measures advised by the Trading Standards Department, to accept the five recommended conditions by the Environmental Health Department, and agreeing to withdraw all references from the application to the twelve event days, the Trading Standards Department, the Environmental Health Department, and the Police all withdrew their comments.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objectives regarding the prevention of crime and disorder, the prevention of public nuisance, and the protection of children from harm.

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 the four licensing objectives under the Licensing Act 2003.

The Sub Committee noted that the applicant and interested parties 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 Star Inn be approved, in accordance with the amended application, subject to those conditions proposed by the applicant within the operating schedule, to the mandatory conditions specified in s19 of the Licensing Act and subject to the following conditions listed below:

Conditions:

i) That the applicant train all staff on the law to question and best refuse sales of alcohol to those who appear under age.

ii) That the applicant give advice to staff on acceptable forms of ID card and encourage staff to ask for appropriate ID if customers appear to be under 21.

iii) No live music to take place after 23:00 hours on any night.

iv) The applicant is to keep a log book containing details of any complaint including time of complaint, name of complainant, if given, along with the action taken. The log book is to be available at any time for inspection by an authorised officer of the licensing authority.

v) No bottles, barrels or kegs to be deposited in any outside bin between the hours of 22:30 hours and 08:30 hours the following day.

vi) All doors and windows to be shut during live music.

vii) Sale of alcohol to be restricted to 24:00 hours on bank holiday Mondays.

viii) Late night refreshment to comprise of hot drinks only.

CHAIRMAN