MINUTES OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON THURSDAY, 18 AUGUST 2005 COMMENCING AT 9.30 AM

Present :

Cllrs Mike Cunningham (Chairman), William Burt, Susan Scoccia

17. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 11 August 2005 be confirmed.

18. DECLARATIONS OF INTEREST

Cllr Scoccia declared a personal interest in Minute 20 as the applicants’ representative was known to her.

19. URGENT BUSINESS

There were no urgent items of business for consideration.

20. REPORT 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 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.

A schedule of any additional representations, received after the printing of the reports, was submitted to Members prior to the consideration of each relevant application. Members noted that a record to this effect would be contained within the minutes.

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 held in public, the Sub Committee considered the determination of the application.

RESOLVED:

THAT upon receiving the report of the Licensing section, oral and written evidence from the interested parties 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

20

Application:

Application for the Conversion and Variation of a premises Licence for the Yarbridge Inn, Brading, Sandown, 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	Monday to Sunday 10:00 until 02:00 hours
(f)	Recorded music	Monday to Sunday 10:00 until 02:00 hours
(g)	Performances of Dance	Monday to Sunday 10:00 until 02:00 hours
(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 10:00 until 02:00 hours
	Provision of Entertainment Facilities
(i)	making music	Monday to Sunday 10:00 until 02:00 hours
(j)	dancing	Monday to Sunday 10:00 until 02:00 hours
(k)	entertainment similar to (i) & (j) above	Monday to Sunday 10:00 until 02:00 hours
	Late Night Refreshment	Monday to Sunday 10:00 until 02:00 hours
	Supply of Alcohol	Monday to Sunday 10:00 until 02:00 hours
	Other Times Premises Proposed To Be Open To The Public	Monday to Sunday 08:30 until 02:30 hours

Public Participants:

Mr Jenner (applicant)

Mr Clark (applicants’ representative)

Mr Petrie (supporter)

Additional Representations:

None.

Comments :

The interested party, Mr Saunders, was unable to attend

Reasons for Decision:

The addition of a condition reminding those who leave the premises to do so quietly is to prevent public nuisance by avoiding disturbance to local residents.

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance in particular, in accordance with the Isle of Wight Council’s Statement of Licensing Policy and of the s182 Guidance 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 he had a right of appeal to the Magistrates Court if he was 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 Yarbridge Inn, Brading, 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 and subject to the following condition listed below:

Conditions:

To display a notice reminding those who leave the premises at all times to be aware of the privacy and concerns of local residents and to leave quietly

CHAIRMAN