Licensing Sub Committee Minutes

111 (a) APPLICATION FOR A PREMISES LICENCE – SUNDIAL BEACH CAFÉ

Mr T Clark, the legal representative for Ms J Moorman, advised that they were not in a position to proceed in the light of the papers that they had not seen. The replies from Mrs Abram which were sent on 27 April 2006 were appended to the pack and were to have been sent to his client and the other objectors. He believed his client would be unfairly prejudiced should the hearing proceed and asked for an adjournment of 7 days or a suitable timescale to enable him to take his clients instructions fully so as to be in a position to proceed.

The Committee’s legal representative advised the Committee that the hearing was dictated by the Hearing Regulations. The Regulations required the Notice of Hearing should be supplied to all the interested parties. Within the bundle of Notice there should be a pack which would state the rights of the parties, the consequences if a party does not attend and was not represented, the procedure to be followed at the hearing and any particular points that the Council would require clarification. The Council was not required to send a copy of the formal report. The objectors had indicated that they had however not been sent a copy of the procedure to be followed. Unfortunately the replies to the objector’s letters would not have been seen by the objectors. All members of the public attending (including the applicants) had not received the full pack of information before the hearing.

It was further clarified that there was a typographical error relating to the commencement date which should have read ASAP.

Mr T Clark acting on behalf of Ms J Moorman and all other parties agreed that the hearing be deferred until Monday, 22 May 2006 commencing at 1.30 pm in Committee Room 1, County Hall, Newport, Isle of Wight

RESOLVED :

THAT the meeting be adjourned until Monday, 22 May 2006.

The meeting then adjourned and reconvened at County Hall, Newport, Isle of Wight on Monday, 22 May 2006 commencing at 1.30 pm when there were present :

Present :

Cllrs Mike Cunningham (Chairman), Muriel Miller, Susan Scoccia

111 (b) MINUTES

RESOLVED :

THAT the minutes of the meetings held on 13 April 2006 and 18 April 2006 be confirmed.

111 (c) DECLARATIONS OF INTEREST

There were no declarations at this time.

111 (d) 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.

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

Details of any 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 previously been circulated to all parties prior to the meeting. After the hearing of the application, the Sub Committee presented the following decisions and the reasons for that decision.

RESOLVED:

THAT upon receiving the report of the Licensing section, oral and/or written evidence from the applicant and 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	111 (d)
Application:	Application for a Premises Licence in respect of Sundial Beach Café, Eastern Gardens, Culver Parade, Sandown, Isle of Wight.
Details:		Provision of Regulated Entertainment	Hours of Licensable Activities

	(a)	Plays	Not Applicable
	(b)	Films	Not Applicable
	(c)	Indoor Sporting Events	Not Applicable
	(d)	Boxing or Wrestling	Not Applicable
	(e)	Live Music	Monday to Sunday 19:00 until 23:00 hrs June to September
	(f)	Recorded music	Monday to Sunday 19:00 until 23:00 hrs May to September
	(g)	Performances of Dance	Not Applicable
	(h)	Anything similar to (e) (f) (g) above	Not Applicable
		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	Not Applicable
		Supply of Alcohol	Monday to Saturday 10:00 to 23:00 hrs Sunday 10:00 until 22:30 hrs
		Other Times Premises Proposed To Be Open To The Public	Monday to Sunday 07:00 until 23:00 hrs March to November
		Non Standard Timings Applicable To All Activities	Not Applicable
Public Participants:	Mr Tom Clark (On behalf of Ms J Moorman, Objector). Mr Graham Parker (Objector) Mr Martin Carroll (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 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 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 Sundial Beach Café, Eastern Gardens, Culver Parade, Sandown 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 off sales of alcohol after 6.00 pm. Reason: By agreement between interested parties and the applicant prior to the meeting. (ii) The premises licence to be operative from 1^st March to 30^th November only.

CHAIRMAN