Licensing Sub Committee Minutes

85. ELECTION OF CHAIRMAN

RESOLVED :

THAT Cllr Bulwer be elected as Chairman for the day.

86. MINUTES

RESOLVED :

THAT subject to the deletion of the words ‘at the adjoining premises Forresters Cottage, High Street, Yarmouth’ from Condition 2 of Minute 85, the minutes of the meeting held on 28 November 2005 confirmed.

87. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

88. URGENT BUSINESS

There were no urgent items of business for consideration.

89. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Papers B1 and B2, the reports of the Head of Consumer Protection, providing details of two Temporary Event Notices received in accordance with Section 100(1) of the Licensing Act 2003.

The Sub Committee followed the agreed procedure, which had been previously circulated to all parties prior to the meeting. After the hearings the Sub Committee presented the following decisions and the reasons for that decision.

RESOLVED:

THAT upon receiving the report of the Licensing section, oral and/or written evidence from the premises user, the Hampshire Constabulary and both their representatives 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 application be determined as detailed below:

Decision Ref

89 (i)

Application:

Application for a Temporary Event Notice for Club K, Newport, Isle of Wight

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	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(f)	Recorded music	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(g)	Performances of Dance	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(h)	Anything similar to (e) (f) (g) above	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400

	Provision of Entertainment Facilities

(i)	making music	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(j)	dancing	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400
(k)	entertainment similar to (i) & (j) above	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400

	Late Night Refreshment	24/12/05 – 2300-0300 25/12/05 - 2300-0200 26/12/05 – 2300-0400

	Supply of Alcohol	24/12/05 – 1200-0300 25/12/05 - 1200-0200 26/12/05 – 1200-0400

	Maximum number of people at any one time to be present at the premises during licensable activities	450

Public Participants:

Mr B Oxford (Premises User’s representative)

Mr J Blacklock (Proprietor)

Mr J Fisher (Proprietor of Security Company and head doorman)

Mr P Savill (Legal representative of the Hampshire Constabulary)

Sgt Mudge (Hampshire Constabulary)

PC Mandley (Hampshire Constabulary)

Additional Representations:

None

Comments :

The premises user, Miss T Smith was unable to attend the days hearing.

The premises user’s representative agreed to modify the hours of licensable activities for 26 December 2005 to terminate at 03.00.

Reasons for Decision:

The Sub Committee held that, in light of the significant amount of drink related crime and disorder at the premises, it was necessary in order to uphold the prevention of crime and disorder objective to give the premises user a Counter Notice, under Section 105 of the Licensing Act 2003, refusing the Temporary Event.

The Sub Committee had accepted the evidence from the police concerning levels of drink related crime and disorder and did not believe that the management of the premises had dealt with the problem sufficiently.

The Sub Committee also noted the conviction for supplying alcohol to a minor.

In reaching the decision the Sub Committee had regard to the Human Rights Act 1998, in particular Article 1 of the First Protocol, Article 6 and Article 8. The Sub Committee considered that the decision was proportionate and necessary for the promotion of the crime and disorder objective under the Licensing Act 2003 and balanced the right of the premises user to run his business against the need to uphold the crime and disorder objective.

The premises user was advised of their right of appeal to the magistrates’ court. Any appeal had to be made within 21 days of the premises user being notified of the decision and any appeal had to be brought no less than 5 working days before the day on which the event period specified in the Temporary Event Notice was due to begin.

Resolution:

i. THAT authorisation of the Temporary Event Notice for Club K, Bowling Green Lane, Newport for the 24, 25 & 26 December 2005 be refused;

ii. THAT a Counter Notice be served on the premises user in accordance with Section 105 of the Licensing Act 2003.

Conditions:

None

Decision Ref

89 (ii)

Application:

Application for a Temporary Event Notice for Club K, Newport, Isle of Wight

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	31/12/05 - 1200-0400
(f)	Recorded music	31/12/05 – 1200-0400
(g)	Performances of Dance	31/12/05 – 1200-0400
(h)	Anything similar to (e) (f) (g) above	31/12/05 – 1200-0400

	Provision of Entertainment Facilities

(i)	making music	31/12/05 – 1200-0400
(j)	dancing	31/12/05 – 1200-0400
(k)	entertainment similar to (i) & (j) above	31/12/05 – 1200-0400

	Late Night Refreshment	31/12/05 – 2300-0400

	Supply of Alcohol	31/12/05 – 1200-0400

	Maximum number of people at any one time to be present at the premises during licensable activities	450

Public Participants:

Mr B Oxford (Premises user’s representative)

Mr P Savill (Legal representative of the Hampshire Constabulary)

Additional Representations:

None

Comments :

The premises user, Miss T Smith was unable to attend the days hearing.

Both the representatives for the police and the premises user agreed that no additional representation would be made as all the relevant evidence had been heard for the previous Event Notice for the 24,25 and 26 December 2005.

Reasons for Decision:

The Sub Committee also noted the conviction for supplying alcohol to a minor.

In reaching the decision the Sub Committee had regard to the Human Rights Act 1998, in particular Article 1 of the First Protocol, Article 6 and Article 8. The Sub Committee considered that the decision was proportionate and necessary for the promotion of the crime and disorder objective under the Licensing Act 2003 and balanced the right of the applicant to run his business against the need to uphold the crime and disorder objective.

Resolution:

i. THAT authorisation of the Temporary Event Notice for Club K, Bowling Green Lane, Newport for the 31 December 2005 be refused;

ii. THAT a Counter Notice be served on the premises user in accordance with Section 105 of the Licensing Act 2003.

Conditions:

None

CHAIRMAN