Licensing Sub Committee Minutes

30. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

31. REPORT OF THE HEAD OF CONSUMER PROTECTION

To Consider an Application for a Temporary Event Notice for the Duncroft Hotel, Wilton Park Road, Shanklin

Consideration was given to Paper A the report of the Head of Consumer Protection, providing details of the application for the Grant of a Temporary Event Notice for the Duncroft Hotel, 2 Wilton Park Road Shanklin submitted in accordance with Section 100(1) of the Licensing Act 2003.

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, 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 application be determined as detailed below:

Decision Ref	12 (06/07)
Application:	An application for the grant of a Temporary Event Notice submitted by Ms Gillian Tobin, Duncroft Hotel, 2 Wilton Park Road, Shanklin, Isle of Wight.
Details:	Provision of Regulated Entertainment	Hours of Licensable Activities

	Live and Recorded Music, performances of dance and anything similar to the above.	Sun 18^th March 2007 0001 hrs to 1000 hrs

	Late Night Refreshment	Sun 18^th March 2007 0001 hrs to 1000 hrs

	Supply of Alcohol for consumption on and off the premises	Sun 18^th March 2007 0001 hrs to 1000 hrs

	Maximum number of people at any one time to be present at the premises during licensable activities	140

Public Participants:	Ms G Tobin (Applicant) Miss Claire Elford (In support of the applicant) Sgt G Mudge (Hampshire Constabulary) PC Cooper (Hampshire Constabulary) Cllr D Pugh (Objector)
Additional Representations:	Sgt Mudge circulated to all parties a copy of a street plan of Shanklin and a plan of the premises.
Comments :	The Sub Committee were reminded that the premises currently held a premises licence enabling licensable activities to continue until midnight. The police, who were the only responsible authority who could submit any objections to the proposed temporary event notice, had raised concerns relating to the licensing objective of prevention of Crime and Disorder. The Sub Committee were restricted to being able to either permit the temporary event as requested or to issue a counter-notice under Section 105(2). The Duncroft Hotel was a hotel with a bar known as the White Rabbit.
Reasons for Decision:	The Sub Committee believed that the previous temporary event notice detrimentally impacted upon the prevention of crime objective. Having heard evidence from the police, the Sub Committee believed the possibility of under age drinking and criminal disorder associated with the licensable activities might take place. Members were mindful that no reports had been made to the police to assist with the promotion of crime prevention. 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. The Sub Committee considered the decision to be proportionate and necessary for the promotion of the licensing objective under the Licensing Act 2003. The applicant was advised that there was a right of appeal to the magistrates court, however no such appeal could be made within 5 clear working days of the event.
Resolution:	Upon receiving the report of the licensing section, oral and/or written evidence from the applicant and objectors, 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 Sub Committee authorised the issue of a counter notice, under s105(2)b of the Act, as it considered it was necessary to do so for the promotion of the crime prevention objective.
Conditions:	Not applicable.

CHAIRMAN