Licensing Sub Committee Minutes

109. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

110. REPORTS 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.

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/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	(During the debate Cllr Brian Mosdell declared a personal interest as he owned property in George Street, Ryde). 110
Application:	Application for Variation of a Premises Licence in respect of Ryde Castle Hotel, Esplanade, Ryde, 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	See (h) below
	(f)	Recorded music	See (h) below
	(g)	Performances of Dance	Not applicable
	(h)	Anything similar to (e) (f) (g) above	Sunday to Thursday: 11:00 to 23:00 hrs Friday and Saturday: 11:00 until 02:00 hrs December 24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and preceding day before a bank holiday; any publicly declared holiday to extend the above by 1 hour Christmas day 15:00 until 19:00 hrs
	Provision of Entertainment Facilities
	(i)	making music	Not applicable
	(j)	Dancing	Sunday to Thursday: 11:00 to 23:00 hrs Friday and Saturday: 11:00 until 02:00 hrs December 24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and preceding day before a bank holiday; any publicly declared holiday to extend the above by 1 hour Christmas day 15:00 until 19:00 hrs
	(k)	entertainment similar to (i) and (j) above	Not Applicable
	Late Night Refreshment		Friday and Saturday: 23:00 to 02:00 hrs December 24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and preceding day before a bank holiday; any publicly declared holiday to extend the above by 1 hour Christmas day 15:00 until 19:00 hrs
	Supply of Alcohol		Sunday to Thursday 07:00 to 23:00 hrs Friday and Saturday 07:00 until 02:00 hrs December 24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and preceding day before a bank holiday; any publicly declared holiday to extend the above by 1 hour Christmas day 15:00 until 19:00 hrs
	Other Times Premises Proposed To Be Open To The Public		Sunday to Thursday 07:00 to 23:30 hrs Friday and Saturday 07:00 until 02:30 hrs December 24, 25, 26, January 1, Spring and August Bank Holidays, Easter Sunday, Easter Monday, Good Friday, St Patrick’s Day, St George’s Day, proceeding and preceding day before a bank holiday; any publicly declared holiday to extend the above by 1 hour Christmas day 15:00 until 19:00 hrs
	Non Standard Timings		Any special sporting event (i.e World Cup), sporting events should be of a national and/or international importance, which are televised outside the hours of which licensable activities are allowed by the premises licence, these will be notified to the police and licensing authority 14 days prior to the event with veto of the police.
Public Participants:	Mr M Fisher of Greene King Brewing and Retailing Ltd (Applicant) Mr C Silva (Manager) Mrs Martill (Objector) Mr D Martill (Objector) Mr J Whitewood (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. In order to promote the reduction in public nuisance highlighted by the representations received by the interested parties to a level believed proportional and necessary. 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 Ryde Castle Hotel, Esplanade, Ryde 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, the following conditions also be added:
Conditions:	1. No regulated entertainment shall take place after 23.00 hours unless prominent signage is displayed on the premises advising customers to leave the premises in an orderly manner in terms, and positions to be agreed and approved in writing with the Local Licensing Authority. 2. No regulated entertainment shall be authorised until the sound limiter device currently required by licence condition number 1 is re-set by the Local Licensing Authority. Copies of the maintenance reports required by the same condition shall be submitted annually from date of issue of this varied licence. 3. No regulated entertainment shall be authorised after 23.00 hours Sunday to Thursday, 00.00 hours Friday and Saturday 00.00 hours except on 18 occasions per calendar year. A record of all the occasions that the premises are open under this condition shall be kept on site at all times and open to inspection by the Local Licensing Authority. 4. The Designated Premises Supervisor shall maintain a complaints log that shall record the date, time, nature of complaint, names and addresses and action taken. The log shall be open to inspection by the Local Licensing Authority.

CHAIRMAN