Licensing Sub Committee Minutes 15-01-07

17. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 21 August 2006 be confirmed.

18. DECLARATIONS OF INTEREST

Cllr Mike Cunningham declared a personal interest in Minute 19 - Application for the review of a Premises Licence for Flanagan’s, 7 Pier Street, Sandown – as he was a member of the Isle of Wight Council’s Standards Committee as was Miss H L Humby

19. REPORT OF THE HEAD OF CONSUMER PROTECTION

The Committee was advised that the application had been brought by the Environmental Health Department as a Responsible Authority. Miss Humby had received advice related to the Councils Code of Conduct, although it was not her application it had been triggered by complaints received from her and therefore she had a direct personal and prejudicial interest and would not be attending the meeting.

Miss Humby had submitted a letter dated 14 January stating that she was would not be asking anyone to act on her behalf, although she was entitled to do this. She had requested that the review proceed in her absence.

The Environmental Protection Officer indicated that the non attendance of Miss Humby prejudiced their case, the applicant was also unable to question her.

Consideration was given to Paper B, the report of the Head of Consumer Protection, providing details of an Application for the Review of a Premises Licence, received in accordance with Section 34 of the Licensing Act 2003.

Details of the proposed additional steps 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, interested parties and oral and written evidence from 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	6 (06/07)
Application:	Application for the review of a Premises Licence for Flanagan’s, 7 Pier Street, Sandown, Isle of Wight.
Public Participants:	Mrs Sharon Bontoft (Partner of Flanagans) Mr Carl Bontoft (Partner of Flanagans and Designated Premises Officer) Mr Jeremy Woodcraft (Solicitor from TLT in Bristol) Mr Nigel Airum (Punch Taverns)
Additional Representations:	A letter submitted by Miss H L Humby was circulated at the meeting.
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 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 Committee read the papers and heard representations. They noted that Miss Humby was not able to attend due to reasons out of her control. They also noted that she had requested that the hearing proceed in any event. The Committee felt that the right of local residents to quiet enjoyment of their property must be balanced against the right of the licensee to conduct a lawful business. The decision involved a significant reduction in the hours where musical entertainment may be offered and a total cessation of musical entertainment as proposed by the applicant until an acoustic survey had been conducted and the recommendations acted upon would not be proportionate in this case.
Resolution:	THAT the Premises Licence for Flanagan’s, 7 Pier Street, Sandown, Isle of Wight be varied in relation to the provision of live music and recorded music, for the promotion of the four licensing objectives, namely by altering the hours that live music and recorded music may be offered.
Details of Modification:	To modify the premises licence in relation to the provision of live music and recorded music so that it can now take place only on Fridays 11:00 hrs until 23:00 hrs Saturdays 11:00 hrs until 23:00 hrs On Christmas Eve, New Year’s Eve, Sandown Regatta and Sandown Carnival 11:00 hrs until 00:00 hrs.

CHAIRMAN