Licensing Sub Committee Minutes

14. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 14 August 2006 be confirmed.

14. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

15. 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 Variation of a Premises Licence, received in accordance with Section 34 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	5 (06/07)
Application:	Application for a variation of the Premises Licence for the Duncroft Hotel, 2 Wilton Park Road, Shanklin, Isle of Wight.
	Provision of Regulated Entertainment		Hours of Licensable Activities
Details:	(e)	Live Music	Mon – Sat 1000 to 2400 hrs Sun 1200 to 2300 hrs
	(f)	Recorded music	Mon – Sat 1000 to 2400 hrs Sun 1200 to 2300 hrs
	(g)	Performances of Dance	Mon – Sat 1000 to 2400 hrs Sun 1200 to 2300 hrs
	(h)	Anything similar to (e) (f) (g) above	Mon – Sat 1000 to 2400 hrs Sun 1200 to 2300 hrs

	Supply of Alcohol		Residential condition to be removed allowing hours as above.

	Other Times Premises Proposed To Be Open To The Public		Not specified

Public Participants:	Mrs G M Tobin (Applicant) Cllr David Pugh on behalf of Mr C and Mrs J Gaskin (Objector) Mrs Whitchurch (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. 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 Duncroft Hotel, 2 Wilton Park Road, Shanklin, Isle of Wight be approved, in accordance with the application, subject (only) to those conditions proposed by the applicant within the operating schedule and also subject to the mandatory conditions specified in the Licensing Act 2003, but modified to such an extent as the Sub Committee have considered necessary for the promotion of the four licensing objectives, namely by requiring the following conditions listed below:
Conditions:	(i) No regulated entertainment shall take place outside. Reason: The prevention of public nuisance. (ii) Alcohol shall not be consumed in the outside area of the premises after 2300 hours. Reason: The prevention of public nuisance. (iii) Windows to be closed at 2200 hours during regulated entertainment. Reason: To minimise noise nuisance. (iv) Live music to be restricted to 15 times per year. Reason: To minimise noise nuisance. (v) No regulated entertainment to take place after 2300 hours on Sundays except in relation to the 15 occasions during the year referred to in condition (iv) above, the applicant to give the licensing authority advance notice of each occasion. Reason: To minimise noise nuisance.

CHAIRMAN