Licensing Sub Committee Minutes

98. ELECTION OF CHAIRMAN

RESOLVED :

THAT Mr I Bulwer be elected Chairman for the day.

99. MINUTES

RESOLVED :

THAT the minutes of the meetings held on 10 January and 23 January 2006, be confirmed.

100. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

101. URGENT BUSINESS

There were no urgent items of business for consideration.

102. 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, received, in accordance with Section 17 of the Licensing Act 2003.

Details of the proposed steps to be taken by the applicant to promote the 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. After the hearing of the application the Sub Committee presented the following decision and the reasons for that decision.

RESOLVED:

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

102

Application:

Application for a Premises Licence for Club K, Bowling Green Lane, Newport, 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	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January
(f)	Recorded music	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January

	Provision of Entertainment Facilities
(i)	making music	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January
(j)	dancing	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January
(k)	entertainment similar to (i) & (j) above	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January
	Late Night Refreshment	Monday-Sunday 2300-0300 New Years eve from 2300 to 0500

	Supply of Alcohol	Monday-Sunday 1000-0300 New Years eve from the end of the current permitted hour to the beginning of the permitted hour on 1 January
	Other Times Premises Proposed To Be Open To The Public	Monday-Sunday 1000-0400

Public Participants:

Mr P Savill (Legal representative of the Hampshire Constabulary)

Sgt Mudge (Hampshire Constabulary)

Additional Representations:

None

Comments :

A letter dated 10 February 2006 from Jeffrey Green Russell, solicitors, was tabled which indicated that the applicant would not be in attendance and requested that the application be determined on the papers submitted.

Prior to consideration of the report Members of the Sub Committee confirmed that they had read all the papers contained within Paper B.

Reasons for Decision:

The Sub Committee noted that the applicant had chosen not to attend the hearing but gave no weight to this in their deliberations. All members of the Sub Committee had read the papers submitted by the applicant and felt he would not be disadvantaged by his non-attendance.

The Sub Committee also noted that there was a legal argument over whether a valid premises licence was in force. They felt that this hearing was not the correct forum to address any such argument. Nor could any adverse inferences be drawn about the premises having traded on several occasions during the period, in terms of today’s application.

The Sub Committee accepted the detailed written and oral evidence from the police in relation to crime and disorder relating to the premises. All four licensing objectives were affected by this application but it was the objectives of the Prevention of Crime and Disorder and the Protection of Children from Harm that was most relevant.

There had been a long history of crime and disorder problems in and around the premises and this had extended to involve children. It was noted that in 2005 the applicant, Mr Blacklock, was fined for supplying alcohol to a person under age.

The Sub Committee also accepted the police evidence that their efforts to work in co-operation with the management had been largely ignored and the same difficulties had continued. The Sub Committee felt that there were no conditions that could realistically hope to remedy the failures in the Club’s management. It was recognised that an outright refusal was a severe step but considered it to be justified in the circumstances, not withstanding the effect it would have on the owners business.

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 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 Premises Licence for the Club K, Bowling Green Lane, Newport be refused, as that decision was considered to be necessary to promote the four Licensing Objectives.

CHAIRMAN