MINUTES OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON 16 SEPTEMBER 2005 COMMENCING AT 9.30 AM

Present :

Councillors Ivan Bulwer, Barbara Foster and David Whittaker

39. ELECTION OF CHAIRMAN

RESOLVED

Councillor Ivan Bulwer was elected Chairman for the day.

40.   DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

41 URGENT BUSINESS

There were no urgent items of business for consideration.

42 REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper 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

 42a

Application:

Application for a Conversion and Variation of the Premises Licence for The Steamer Inn, The Esplanade, Shanklin, Isle of Wight 

Designated Premises Supervisor

Mr Duncan Peter Scott

	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 01:00 hours all days (live and recorded music, both amplified and unamplified, and the performance of dance)
	Provision of Entertainment Facilities
(i)	making music	N/A
(j)	dancing	N/A
(k)	entertainment similar to (i) & (j) above	10:00 hours to 01:00 hours all days (facilities for making music both amplified and unamplified, and dancing)
	Late Night Refreshment	23:00 hours to 01:00 hours all days
	Supply of Alcohol	10:00 hours to 01:00 hours all days for non-residents. (Sale of alcohol to residents and their guests at any time, as at present).
	Other Times Premises Proposed To Be Open To The Public	10:00 hours to 01:30 hours all days
	Conditions to be removed	To remove the conditions inherent in the Public Entertainment Licence.

Interested Parties/ Responsible authorities

Mr Brian Oxford (Applicants Representative)

Applicant and objectors did not attend.

Additional Representations:

None

Comments :

A letter of objection, which had been correctly submitted but not included in the papers was considered with the applicants’ representatives agreement.

Reasons for Decision:

The Sub Committee did not consider that any additional conditions were necessary to further the licensing objectives.

The Sub Committee noted that the applicant and interested parties had a right of appeal to the Magistrates Court if they were dissatisfied with the decision and any such appeal must be made within 21 days.

Resolution:

THAT the grant of a Variation and Conversion of a Premises Licence for The Steamer Inn, The Esplanade 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.

Decision Ref

 42b

Application:

Application for a Conversion and Variation of a Premises Licence for The Longshoreman, The Esplanade, 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	20:00 hours to 24:00 hours (September to May only) for darts league and crib matches and possible pool  matches in the future, only where attended by an audience.
(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	Monday to Saturday 20:15 hours to 23:00 hours, and Sundays 15:00 hours to 18:00 hours and 20:15 hours to 23:00 hours. Bank Holidays, Christmas & Easter,  Shanklin Regatta and Carnival nights until 24:00 hours, (live and recorded music, usually a soloist or duo, or radio for background music, and karaoke). The music  will usually be indoors, and only outdoors in the summer in good weather.
	Provision of Entertainment Facilities
(i)	Making music	Days and times as above, (provision of karaoke machine)
(j)	Dancing	N/A
(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment	23:00 hours to 24:00 hours all days (no hot food, only  tea and coffee)
	Supply of Alcohol	All days 09:00 hours to 24:00 hours. Christmas, Easter, Bank Holidays, Regatta and Carnival days until 01:00 hours, for consumption on and off the premises.
	Other Times Premises Proposed To Be Open To The Public	All days 09:00 hours to 00:30 hours. Christmas, Easter, Bank Holidays, Carnival and Regatta nights until 01:30 hours to allow for 30 minutes drinking up time.
	Conditions to be removed	N/A

Interested Parties / Responsible Authorities

Mr William Downer (Applicant)

No objectors attended

Additional Representations:

 An additional letter of objection was considered with the agreement of the applicant.

Comments :

None

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.

To prevent public nuisance by way of potential noise disturbance to local residents.

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 and objectors 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 Longshoreman Inn, The Esplanade, 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 and subject to the following conditions listed below:

Conditions:

No Karaoke, live, or recorded music to be played outside after 23.30 on Sundays or Bank holiday Monday’s except during the Christmas and New Year period

Decision Ref

42c

Application:

Application for a Conversion and Variation of Premises Licence – High Park Tavern, Ryde

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 Non Standard Timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
(f)	Recorded music Non standard timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
(g)	Performances of Dance	Not Applicable
(h)	Anything similar to (e) (f) (g) above	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
(k)	entertainment similar to (i) & (j) above
	Late Night Refreshment	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight When hours for the sale of alcohol are extended for Bank Holidays & Event Days: 06:00 hours until 10:00 hours & 12:00 hours until 02:00 hours
	Supply of Alcohol Non Standard Timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight Valentines Day; St Patrick’s Day; Friday to Monday on Bank Holiday Weekends; Ryde carnivals; Christmas Eve; Boxing Day and up to 25 other event days at the applicant’s discretion: 10:00 hours until 02:00 hours
	Other Times Premises Proposed To Be Open To The Public Non Standard Timings	Monday to Saturday 10:00 hours until midnight Sunday 12:00 hours until midnight Trading hours to be extended on Bank Holidays and event days 06:00 hours until 02:00 hours.
	Current Conditions, Terms or Restrictions To Be Removed As A Consequence Of This Application	All embedded restrictions inherent in the Licensing Act 1964; the Cinematograph (Safety) Regulations 1955 and the Children & Young Persons Act 1933.

Interested Parties / Responsible Authorities

Marion Joyce Hirschl and Denise Helen Hunt (Applicant)

PC Underwood (Hampshire Constabulary)

Mr David Curtis-Botting (Licensing Officer)

Additional Representations:

None.

Comments :

For the Committee’s convenience the Applicant provided copies of her presentation in relation to the application

Reasons for Decision:

The Prevention of Crime and Disorder - to prevent unspecified event days giving rise to crime and disorder issues.

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 and objectors 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 High Park Tavern, Ryde, 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 condition listed below:

Conditions:

That the applicant will give the Police and Local Authority seven days notice of any event day other than events directly associated with a funeral, when the Police and Licensing Authority will be informed within seven days of the event having taken place.

CHAIRMAN