MINUTES OF MEETING ONE OF THE LICENSING SUB COMMITTEE
HELD IN COMMITTEE ROOM 1, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 19
SEPTEMBER 2005 COMMENCING AT 9.30 AM
Present :
Councillors Ivan Bulwer, Brian Mosdell,
Susan Scoccia
43.
ELECTION OF CHAIRMAN
RESOLVED
Councillor Ivan Bulwer was elected
Chairman for the day.
44.
DECLARATIONS OF
INTEREST
There were no
declarations of interest made at this stage.
45.
URGENT BUSINESS
There were no urgent items of business
for consideration.
46.
REPORTS OF THE HEAD
OF CONSUMER PROTECTION
Consideration was given to Paper A1 – A2,
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
|
46a
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|
Application:
|
Application for a Conversion and Variation of the
Premises Licence for the New Inn, Shalfleet
|
|
Details:
|
|
|
Provision of Regulated Entertainment
|
Hours of Licensable Activities
|
|
|
|
|
|
(a)
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Plays
|
N/A
|
|
(b)
|
Films
|
N/A
|
|
(c)
|
Indoor Sporting Events
|
10:00 hours – 24:00
hours each day
10:00 hours New Year’s
Eve – 24:00 hours New Year’s Day
|
|
(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 – 24:00
hours each day
10:00 hours New Year’s
Eve – 24:00 hours New Year’s Day
|
|
|
|
|
|
|
Provision of Entertainment Facilities
|
|
|
|
|
|
|
(i)
|
making music
|
N/A
|
|
(j)
|
dancing
|
N/A
|
|
(k)
|
entertainment similar to
(i) & (j) above
|
N/A
|
|
|
|
|
|
|
Late Night Refreshment
|
23:00 hours – 00:30
hours each day
10:00 hours New Year’s
Eve – 24:00 hours New Year’s Day
|
|
|
|
|
|
|
Supply of Alcohol
|
10:00 hours – 24:00
hours each day
10:00 hours New Year’s
Eve – 24:00 hours New Year’s Day
|
|
|
|
|
|
|
Other Times Premises Proposed To Be Open To The
Public
|
10:00 hours – 00:30
hours each day
10:00 hours New Year’s
Eve – 24:00 hours New Year’s Day
|
|
|
|
|
|
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Interested Parties/ Responsible authorities
|
Mr Mark MacDonald (Applicant)
Mr Young (Objector)
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|
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Additional Representations:
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None.
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|
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Comments :
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None.
|
|
|
Reasons for Decision:
|
The
reasons were provided in the report to promote the four Licensing objectives,
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 all the four licensing objectives under the
Licensing Act 2003. 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 New Inn, Shalfleet, Isle of Wight be
approved, in accordance with the application, subject only to those
conditions proposed by the applicant within the operating schedule and to the
mandatory conditions specified in s19 of the Licensing Act.
|
|
|
Conditions
:
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No additional conditions.
|
|
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Decision Ref
|
46b
|
|
Application:
|
Application for a Conversion and
Variation of a Premises Licence for The Royal Yacht, Squadron, Cowes
|
|
Details:
|
|
|
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
|
10:00 hours – 02:00
hours
|
|
(f)
|
Recorded music
|
10:00 hours – 02:00
hours
|
|
(g)
|
Performances of Dance
|
10:00 hours – 02:00
hours
|
|
(h)
|
Anything similar to (e)
(f) (g) above
|
10:00 hours – 02:00
hours
|
|
|
|
|
|
|
Provision of Entertainment Facilities
|
|
|
|
|
|
|
(i)
|
making music
|
10:00 hours – 02:00
hours
|
|
(j)
|
dancing
|
10:00 hours – 02:00
hours
|
|
(k)
|
entertainment similar to
(i) & (j) above
|
10:00 hours – 02:00
hours
|
|
|
|
|
|
|
Late Night Refreshment
|
23:00 hours – 02:00
hours
|
|
|
|
|
|
|
Supply of Alcohol
|
10:00 hours – 02:00
hours
|
|
|
|
|
|
|
Other Times Premises Proposed To Be Open To The
Public
|
10:00 hours – 02:30
hours
|
|
|
|
|
|
|
Interested Parties / Responsible Authorities
|
Mr Stephen Orchard (Applicant)
|
|
Additional Representations:
|
None.
|
|
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 limiting
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 Royal Yacht Squadron, Cowes, 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:
|
- The sale of liquor shall be restricted to 1 am
except during Cowes week, and 10 unspecified days.
- The playing of live and recorded music shall
be restricted to 12 midnight except during Cowes Week and 10 unspecified
days
- Seven days advance notice shall be given to
the licensing authority in respect of the 10 unspecified days
- All doors and window are to be kept closed
after 11 pm each day to prevent public nuisance by limiting disturbance
to local residents.
|
CHAIRMAN
MINUTES OF
MEETING TWO OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 2, COUNTY
HALL, NEWPORT, ISLE OF WIGHT, ON 19 SEPTEMBER 2005 COMMENCING AT 9.56 AM
Present :
Councillors George Cameron, Barbara Foster and William Burt
It was noted
that Councillor Burt was in attendance as a nominated substitute for Councillor
Scoccia.
47.
ELECTION OF CHAIRMAN
RESOLVED :
Councillor
Cameron was elected Chairman for the day.
48.
DECLARATIONS OF INTEREST
There
were no declarations of interest made at this stage.
49.
URGENT BUSINESS
There
were no urgent items of business for consideration.
50.
REPORTS OF THE HEAD OF CONSUMER PROTECTION
Consideration was given to Papers A1 – A2, the
reports of the Head of Consumer Protection. Paper A1 provided details of an Application for the
Conversion of a Premises Licence, received during the transitional period, in
accordance with Schedule 8, paragraph 2(2) of the Licensing Act 2003 and for a
simultaneous variation of the licence under Schedule 8, paragraph 7(1)(b) of
the Licensing Act 2003. Paper A2 detailed an application for the conversion of
a Club Premises Certificate during the transitional period under Schedule 8
paragraph 14(2) of the Licensing Act 2003 and for a variation of the Club
Premises Certificate during the transitional period under Schedule 8 paragraph
19(1) 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 Applicant, interested parties and 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
|
50a
|
|
Application:
|
Application for conversion and variation of premises
licence – Central Tap Bars (previously Hunters Rest) 64 High Street, Ventnor,
Isle of Wight
|
|
Details:
|
|
|
Provision of Regulated Entertainment
|
Hours of Licensable Activities
|
|
|
|
|
|
(a)
|
Plays
|
All days 10:00 hours to 03:00 hours (premises have been approached
by some actors enquiring about the use of the premises for the performance
of a show, so this may be taken further when the 2003 Act comes into force)
|
|
(b)
|
Films
|
All days 10:00 hours to 03:00 hours (if there is a request for the
premises to hold a film show the function room would be a suitable venue.
Although nothing has been arranged it is possible that a film show may be
held in the future)
|
|
(c)
|
Indoor Sporting Events
|
All days 10:00 hours to 03:00 hours (premises would be a suitable
venue for exhibitions by sporting stars, such an event if held would be
intended to attract an audience)
|
|
(d)
|
Boxing or Wrestling
|
All days 10:00 hours to 03:00 hours (if there was a request to hold
such an event, then it would be possible to hold an event at the venue)
|
|
(e)
|
Live Music
|
N/A
|
|
(f)
|
Recorded music
|
N/A
|
|
(g)
|
Performances of Dance
|
N/A
|
|
(h)
|
Anything similar to (e)
(f) (g) above
|
All days 10:00 hours to 03:00 hours (we wish to be able to provide
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
|
All days 10:00 hours to 03:00 hours (we wish to be able to continue
to provide facilities for making music both amplified and unamplified, and
dancing)
|
|
|
|
|
|
|
Late Night Refreshment
|
All days 23:00 hours to
03:00 hours (no hot food will be available after 23:00 hours, only hot
drinks)
|
|
|
|
|
|
|
Supply of Alcohol
|
All days 10:00 hours to
03:00 hours
|
|
|
|
|
|
|
Hours Premises Proposed To Be Open To The Public
|
All days 10:00 hours to
03:30 hours
|
|
|
|
|
|
|
Conditions to be removed
|
The conditions inherent
in the Supper Hours Certificate and Extended Hours Order should be removed.
|
|
|
Public Participants:
|
Mr King and Mr Reilly (Applicants)
Sergeant Mudge (Responsible Authority)
PC Melville (Responsible Authority)
PC Whitewick (Responsible Authority)
Kevin Winchcombe (Environmental Health Officer)
|
|
Additional Representations:
|
None.
|
|
Comments :
|
The three objectors were unable to attend, but the Sub
Committee noted their representations.
|
|
Reasons for Decision:
|
Conditions i - iv were necessary to further the
licensing objective of preventing public nuisance and in particular the
potential nuisance from noise;
Conditions v - x were necessary to further the
licensing objective of preventing crime and disorder 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 all the four licensing objectives under the
Licensing Act 2003.
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 Variation and Conversion of a Premises Licence for the Central
Tap Bars 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 the Licensing Act 2003 and subject to the
following conditions listed below which the Sub Committee considered
necessary for the promotion of the four licensing objectives:
|
|
Conditions:
|
i)
No regulated entertainment hereby authorised
by this licence shall be permitted unless:
1. an electronic sound limiting device has been installed and set, by a
competent person, in accordance with details which have been submitted to and
approved in writing by the Local Licensing Authority, such details to include
sound levels and tamper proof integrity. The sound limiter level once
set should not be adjusted without prior written approval of the Local
Licensing Authority .
2.
The limiter thereafter to be regularly maintained by a competent
person and a report is produced at no greater than 12 month intervals from
the date of grant of this licence, which shall include details of this
maintenance, a test of its normal operation and certification of the device’s
tamper proof integrity. Such records
shall be open to inspection by an authorised officer of the Local Licensing
Authority with 24 hours advance notice in writing.
ii) Prominent, clear and legible notices
shall be displayed at all exits requesting the public respect the needs of
local residents and to leave the premises and the area quietly.
iii)
No regulated entertainment authorised by this licence shall be
permitted until all external doors and windows of the premises are shut.
iv)
No regulated
entertainment shall be permitted by this licence except in the function room
shown on the plan attached to the application.
v)
All licensable activities shall cease at 0100 and the premises shall
close at 0130.
vi)
No regulated entertainment authorised by this licence shall be permitted
after 2000 unless there is one door supervisor employed as such at the
premises who is registered with the Security Industry Authority.
vii)
No licensable activity authorised by this licence shall be permitted
until a CCTV has been installed at the premises in accordance with a scheme
agreed in writing with the licensing authority. The CCTV system shall be maintained thereafter. All recordings shall be kept for a minimum
of 14 days after recording and be available on the written request of the
police with 24 hours notice.
viii)
Lightening shall be turned on in all public areas of the premises at
0100.
ix)
There shall be no customers permitted to enter the premises after
00.01.
x)
No glasses or open vessels shall be permitted to be taken or removed
from the premises by customers. There shall be no off sales after 23.00 from
the premises
|
|
Decision Ref
|
50b
|
|
Application:
|
Application for a conversation and variation of premises
licence – Isle of Wight Telecom Sports and Social Club
|
|
Details:
|
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 all the four licensing objectives under the
Licensing Act 2003.
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.
|
|
Public Participants:
|
Mrs
Valerie Austin, Secretary of the Club
|
|
Additional Representations:
|
None.
|
|
Comments :
|
The objector was unable to attend, but their
representations were noted by the Sub Committee.
|
|
Reasons for Decision:
|
The
reasons were provided in the report to promote the Licensing objective
regarding the Isle of Wight Telecom Sports and Social Club, 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.
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 Variation and Conversion of a Premises Licence for the Isle of
Wight Telecom Sports and Social Club 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:
|
None
|
CHAIRMAN
