MINUTES OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 2, COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 18 JULY 2005 COMMENCING AT 9.30 AM

 

Present :

                        Mr M J Cunningham, Mr B Mosdell, Mrs S Scoccia

 

Also Present (Non Voting) :

                       

                        Mr I Bulwer

 


 


1.                  ELECTION OF CHAIRMAN

 

RESOLVED :

 

THAT Mr M J Cunningham be elected Chairman for the day.

 

2.                  MINUTES

 

RESOLVED :

 

THAT the minutes of the meeting of the Licensing Committee held on 5 April 2005 be confirmed.

 

3.                  DECLARATIONS OF INTEREST

 

There were no declarations of interest made at this stage.

 

4.                  REPORTS OF THE HEAD OF CONSUMER PROTECTION

 

Consideration was given to Papers A1 – A2, the reports of the Head of Consumer Protection, providing details of Applications for the conversion and the 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) respectively, of the Licensing Act 2003.

 

Details of any uncontested conditions, agreed in accordance with Officer recommendation to promote 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 the application for the Solent Inn, in public session, the Sub Committee considered the determination of the application in confidential session, under regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005.  Upon reconvening in public, the Sub Committee presented the decision and the reasons for that decision.

 

RESOLVED:

 

THAT upon receiving the reports of the licensing section, oral 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

4a

Application:

For a Conversion and Variation of a Premises Licence for The Anchor Inn, Cowes

Details:

Provision of Regulated Entertainment

Hours of Licensable Activities

Plays

N/A

Films

0700 - 0300 each day

Indoor Sporting Events

0700 - 0300 each day

Boxing or Wrestling

N/A

Live Music

0700 – 2400 each day

Recorded music

0700 – 0300 each day

Performances of Dance

N/A

Provision of Entertainment Facilities

 

making music

0700 – 0300 each day

dancing

0700 – 0300 each day

entertainment similar to (i) & (j) above

N/A

 

 

Late Night Refreshment

2300 – 0300 each day

 

 

Supply of Alcohol

0700 – 0200 each day

 

 

Other Times Premises Proposed To Be Open To The Public

0700 – 0300 each day

Public Participants:

None

Additional Representations:

None

Comment:

The item was withdrawn by the applicant prior to the hearing

Reasons for Decision:

The item had been withdrawn

Resolution:

THAT it be noted that  the item had been withdrawn

Conditions:

Not applicable

 

Decision Ref

4b

Application:

Application for a Conversion and Variation of a Premises Licence for the Solent Inn, 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

Monday to Saturday 11:00-00:30

Sunday 12:00-00:30

(f) Recorded music

Monday to Saturday 11:00-00:30

Sunday 12:00-00:30

(g) Performances of Dance

Not applicable

Anything similar to (e) (f) (g) above

Not applicable

 

 

Provision of Entertainment Facilities

 

(h) making music

Not applicable

(i) dancing

Not applicable

(j) entertainment similar to (i) & (j) above

Monday to Saturday 11:00-00:30

Sunday 12:00-00:30

 

 

Late Night Refreshment

Not applicable

 

 

Supply of Alcohol

Monday to Saturday 11:00-00:30

Sunday 12:00-00:30

 

 

Other Times Premises Proposed To Be Open To The Public

Monday to Saturday 11:00-01:00

Sunday 12:00-01:00

 

 

Non Standard Timings Applicable To All Activities

Every Friday, Saturday, Sunday and

Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday Weekend to extend the

finish time by 1 hour.

 

Friday, Saturday, Sunday and Monday

on Easter Bank Holiday Weekend to

extend the finish time by 1 hour.

Christmas Eve and Boxing Day to

extend the finish time by 1 hour.

Public Participants:

Mr T Henderson, legal representative for Punch Taverns Plc (applicant)

Mr P Hinton, Business Relationship Manager, Punch Taverns Plc (applicant)

Mr A Taylor, Designated Premises Supervisor

Additional Representations:

Comments received from the Environmental Health Department

 

Comment :

Members had been informed that agreement had now been reached between the Councils’ Environmental Health Department and the applicant with regard to the hours of Licensable activities and to the prevention of nuisance from noise.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance and in accordance with paragraph 8.15 of the Isle of Wight Council’s Statement of Licensing Policy and paragraph 7.19 of the s182 Guidance.

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 of their 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 licence 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:

(i)                                                                Live music shall terminate at 11.30 pm on a standard night, the exceptions being:

a.                                                                        New Years Day to terminate at 00.30 am

b.       Ryde Regatta (Saturday only) to terminate at 12.00 midnight

c.        Ryde Carnival (Thursday and Saturday) to terminate at 12.00 midnight

d.                                                                        Children in Need (1 night only) to terminate at 12.00 midnight;

(ii)                                                           Signs shall be placed on the french doors in the public bar, advising that the doors should be kept closed at 11.00pm and after;

(iii)                                                         The Ventilation Condition, as set out on page A2 – 39 of the report, subject to the condition applying at 11.00 pm and after;

(iv)                                                         The Internal Communications Procedure Condition, as set out on page A2 – 39 of the report, with Mr Andrew Taylor being the nominated person.

 

 

 

 

 

 

CHAIRMAN