Licensing Sub Committee Minutes

27. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 8 March 2007 be confirmed.

27. DECLARATIONS OF INTEREST

Cllrs Mike Cunningham, George Cameron. Arthur Taylor declared a personal interest in Minute 29 (a) - The Plaza Ice Cream Parlour, St James’ Square, Newport - as they knew the person speaking on behalf of the applicant.

28. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) To Consider an Application for a Street Trading Consent for The Plaza Ice Cream Parlour, St James’ Square, Newport

Consideration was given to Paper B the report of the Head of Consumer Protection, providing details of applications for the Grant of Street Trading Consent in accordance with the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4 Street Trading.

A schedule of any additional representations, received after the printing of the reports, was submitted to Members prior to the consideration of each relevant application. Members noted that a record to this effect would be contained within the minutes.

The Sub Committee followed the agreed procedure, which had been previously circulated to all parties prior to the meeting. After the hearing of each application in turn, the Sub Committee presented the following decisions and the reasons for those decisions.

RESOLVED:

THAT upon receiving the reports of the Licensing section, oral and/or written evidence from the applicant, interested parties and/or responsible authorities and having regard to the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4, Street Trading, the applications be determined as detailed below:

Decision Ref	10 (06/07)
Application:	An application for the grant of a Street Trading Consent submitted by Mr Gary John Hall, The Plaza Ice Cream Parlour, 56 High Street, Cowes, Isle of Wight for a stationary van to be situated in St James’ Square, Newport, Isle of Wight.
Details:	The proposed dates of trading are Monday – Saturday from 2 April 2007 until 31 October 2007. Setting up from: 10:20 hrs To start trading from: 10:30 hrs End of trading: 17:30 hrs Cleared up by: 17:40 hrs The site requested is the east side of St James’ Square, Newport in the pedestrian area south of the monument.
Public Participants:	Mr Gary Hall (Applicant) Mrs Deborah Hall (Applicant) Cllr Alan Wells (On behalf of the applicants)
Additional Representations:	Due to a clerical error the copy of the Policy distributed with the agenda was incorrect. A copy of the correct policy document was circulated to all parties before the commencement of the meeting.
Comments :	It was explained that the main difference between the policies was in Section 10, which was irrelevant to the application before members.
Reasons for Decision:	Members were satisfied that the application would not unduly interfere with the Conservation Area. Members noted that the van was of high quality. Members were satisfied that 7 months grant was appropriate in the circumstances. In reaching the 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. There was no direct right of appeal against the decision but if anyone was dissatisfied they did have the right to judicially review the decision.
Resolution:	Upon receiving the report of the licensing section, oral and/or written evidence from the applicant and objectors, and having regard to the Isle of Wight Council’s Street Trading Policy adopted in 2004, the sub committee hereby grant the Street Trading Consent from a stationary van in accordance with the application.
Conditions:	As per application.

(b) Application for a Premises Licence for Brighstone Holiday Centre, Military Road, Brighstone, Isle of Wight

Consideration was given to Paper C, 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 any proposed additional steps to promote the licensing objectives were set out in the reports of the Head of Consumer Protection, circulated with the agenda.

RESOLVED:

THAT upon receiving the reports of the Licensing section, oral and/or written evidence from the applicant, 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 applications be determined as detailed below:

Decision Ref	11 (06/07)
Application:	Application for a Premises Licence for Brighstone Holiday Centre, Military 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	Fri, Sat and Sun 1900 hours to 2400 hours
	(f)	Recorded music	Fri, Sat and Sun 1900 hours to 0200 hours the following morning
	(g)	Performances of Dance	N/A
	(h)	Anything similar to (e) (f) (g) above	N/A
	Provision of Entertainment Facilities

	(i)	making music	N/A
	(j)	dancing	N/A
	(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment		N/A

	Supply of Alcohol		All Days 1200 hours to 2200 hours Non – standard timings: During May – two events to extend until 0200 hours the following morning
	Other Times Premises Proposed to be Open To The Public		All Days 0800 hours to 2200 hours Non – standard timings: During May – two events – to be open to the public from 1000 hours to 0300 hours the following morning

Public Participants:	Mr Abbott (Applicant) Mrs Abbott (Applicant) Mr Beadell (Objector) Mr James Dungey (Objector) Mrs Christine Dungey (Objector)
Additional Representations:	None.
Comments :	None.
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, The Protection of Children From Harm, in particular and in accordance with the Isle of Wight Council are 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 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 Brighstone Holiday Centre, Military Road, Brighstone, Isle of Wight be approved, 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 the Sub Committee have considered necessary for the promotion of the four licensing objectives, namely by requiring the following conditions listed below:
Conditions:	i) No late night refreshments are authorised by this licence. Reason: By mutual agreement prior to the committee. ii) Regulated entertainment shall be permitted till midnight outside the premises in May on no more than two occasions per calendar year with each occasion lasting no more than three days so long as the combined on site activities do not exceed 65dB(A) as measured over any 15 minute period at 1 metre from the façade of any noise sensitive premises. iii) No recorded background music shall be permitted between midnight until 1900 hours. Reason: In the interests of promoting the prevention of public nuisance licensing objective. It is considered that properties in the locality may suffer public nuisance arising from regulated entertainment held, particularly in the open. The conditions are considered necessary to secure the promotion of the licensing objective in accordance with paragraphs 8.14, 8.15 and 8.18 of the Isle of Wight Councils Statement of Licensing Policy. iv) The Designated Premises Supervisor shall maintain a log of complaints recording date, time, name and problem which shall be open to inspection on request from the Local Licensing Authority.

CHAIRMAN