Licencing Sub Committee Minutese

35. ELECTION OF CHAIRMAN FOR THE DAY

RESOLVED :

THAT Cllr Henry Adams be elected Chairman for the day.

36. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

37. URGENT BUSINESS

There were no urgent items of business for consideration.

38. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Papers A1 – A3, the reports of the Head of Consumer Protection, providing details of Applications 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.

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.

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 that decision.

RESOLVED:

THAT upon receiving the reports 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 applications be determined as detailed below:

Decision Ref

38a

Application:

Application for Conversion and Variation of Premises Licence – The Worsley, High Street, Wroxall, Isle of Wight

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	N/A
(b)	Films	N/A
(c)	Indoor Sporting Events	10:00 hours to 02:00 hours all days
(d)	Boxing or Wrestling	N/A
(e)	Live Music	N/A
(f)	Recorded music	N/A
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	10:00 hours to 02:00 hours all days
	Provision of Entertainment Facilities
(i)	Making music
(j)	Dancing
(k)	Entertainment similar to (i) & (j) above	10:00 hours to 02:00 hours all days
	Late night Refreshment	23:00 to 02:00 hours all days
	Supply of Alcohol	10:00 hours to 02:00 hours all days
	Other Times Premises Proposed To Be Open To The Public	10:00 hours to 02:30 hours all days
	Conditions to be removed	To remove the conditions inherent in the Supper Hours certificate and Extended Hours Order

Public Participants:

Mr Brian Oxford (Representative of Applicant)

Mr Ian Tew (Licensee)

Mr Gareth Davies (Principal Environmental Health Practitioner)

Additional Representations:

None.

Comments :

The applicant agreed to all suggested conditions made by the Environmental Health Officer before the meeting.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance, 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 Variation and Conversion of a Premises Licence for the Worsley, High Street, Wroxall, Isle of Wight be approved, in accordance with the 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:

1. That an electronic sound limiting devise is installed to control all regulated entertainment provided by the applicant after 23:00 hours

2. No regulated entertainment hereby permitted by this licence shall take place inside the premises after 23:00 hours until all external doors or windows are fully closed.

3. Prominent, clear and legible notices shall be displayed at all exits requesting customers to respect the needs of local residents by leaving the premises and the area quietly

4. A copy of all public nuisance complaints received shall be recorded in a log book containing the time of complaint, date, complainant’s name and address

A copy of the full conditions and reasons can be found on page A1-40 to A1-42 of the report dated 7.9.05 numbers 1,2,3 and 5

Decision Ref

38b

Application:

Application for Conversion and Variation of a Premises Licence - La Vaca Loca, 109 High Street, Shanklin, 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	N/A
(f)	Recorded music	N/A
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	10:00 hours to 02:00 hours all days (live and recorded music, both amplified and unamplified and the performance of dance).
	Provision of Entertainment Facilities
(i)	making music
(j)	dancing
(k)	entertainment similar to (i) & (j) above	10:00 hours to 02:00 hours all days (facilities for making music both amplified and unamplified and dancing).
	Late Night Refreshment	23:00 hours to 02:00 hours all days
	Supply of Alcohol	10:00 hours to 02:00 hours all days
	Other Times Premises Proposed To Be Open To The Public	10:00 hours to 03:00 hours all days
	Conditions to be removed	To remove the conditions inherent in the Justices Restaurant Licence and the Supper Hours Certificate.

Public Participants:

Mr Brian Oxford (Applicants’ Representative)

Mrs Madeleine Trigwell (Licensee)

Additional Representations:

None.

Comments :

None.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective 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 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 Variation and Conversion of a Premises Licence for the La Vaca Loca, 109 High Street, Shanklin, Isle of Wight be approved, in accordance with the application, subject to those conditions proposed by the applicant within the operating schedule, to the mandatory conditions specified in s19 of the Licensing Act.

Conditions:

None.

(During discussion Cllr Henry Adams declared a personal interest in Decision Ref 38c as one of the supporters was known to him)

Decision Ref

38c

Application:

Application for Conversion and Variation of a Premises Licence - Culver Lodge Hotel, Albert Road, Sandown, Isle of Wight

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Friday & Saturday 20:00 hours until Midnight
(b)	Films	Monday to Sunday 10:00 hours until 02:00 hours
(c)	Indoor Sporting Events	Friday to Sunday 18:00 hours until Midnight
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	See (h) Below
(f)	Recorded music	See (h) Below
(g)	Performances of Dance	See (h) Below
(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 10:00 hours until 02:00 hours
	Provision of Entertainment Facilities
(i)	making music	See (k) Below
(j)	dancing	See (k) Below
(k)	entertainment similar to (i) & (j) above	Monday to Sunday 10:00 hours until 02:00 hours
	Late Night Refreshment	Monday to Sunday 23:00 hours until 02:00 hours
	Supply of Alcohol	Monday to Sunday 10:00 hours until 02:00 hours.
	Other Times Premises Proposed To Be Open To The Public	Monday to Sunday 10:00 hours until 02:30 hours.
	Non Standard Timings Applicable To All Activities	None

Public Participants:

Miss Bo Handley (Licensee)

Additional Representations:

4 letters of support for the application.

Comments :

None.

Reasons for Decision:

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 Variation and Conversion of a Premises Licence for the Culver Lodge Hotel, Albert Road, Sandown, Isle of Wight be approved, in accordance with the application, subject to those conditions proposed by the applicant within the operating schedule, to the mandatory conditions specified in s19 of the Licensing Act.

Conditions:

None.

CHAIRMAN