MINUTES
OF A MEETING OF THE LICENSING SUB COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE
OF WIGHT, ON THURSDAY, 22
FEBRUARY 2007 COMMENCING AT 6.00 PM
Present :
Cllrs Mike Cunningham (Chairman), Ivan Bulwer, Susan Scoccia
Also Present (Non-Voting) :
Cllrs
Dawn Cousins, Charlie Hancock, Geoff Lumley, David Whittaker
20. MINUTES
RESOLVED :
THAT the minutes of the meeting held on 15 January 2007 be confirmed.
21. DECLARATIONS OF INTEREST
There were no declarations of interest made at this stage.
22.
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 a Premises
Licence, received in accordance with Section 17 of the Licensing Act 2003.
Details of any proposed additional steps to promote
the licensing objectives were set out in the report 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, the
Sub Committee presented the following decision and the reasons for that
decision.
RESOLVED:
THAT upon receiving the report 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 Councils Statement
of Licensing Policy 2004 2007, the application be determined as detailed
below:
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Decision Ref |
7 (06/07) |
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Application: |
Application for a
Premises Licence for Seaclose Park, Medina High School and North Fairlee Farm. |
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Details : |
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Public Participants: |
On behalf of Solo
Promoters Ltd, the applicant : David Clifton
Solicitor John Giddings Lindsay Weatherstone Keith Morris Site
Manager Anthony Burke
Campsite Manager Alan Law Health and
Safety Manager Cllr Charlie Hancock on
behalf of East Cowes Residents Association objector Mr Richard Haynes on behalf
of Whippingham Village Management Committee objector Cllr Geoff Lumley on
behalf of Newport Town Management Committee Objector Mr Mike King, Isle of
Wight Economic Partnership Supporter Sgt Carter, Hampshire
and Isle of Wight Constabulary |
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Additional Representations: |
The
1st draft of the Traffic Management Plan was circulated together
with a photograph of the specific fields allocated to car parking being used
at the 2006 Festival. . |
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Comments : |
During
discussion of the application, Cllr Mike Cunningham declared a personal
interest as a member of the Newport Town Management Committee. However, it was noted that when the
Management Committee had discussed the application Cllr Cunningham had
declared an interest and withdrew from the meeting, taking no part in the
discussion thereon The
Sub Committee noted that the responsible authorities were satisfied with the
operating schedule as there were no outstanding representations. The
Sub Committee also noted that the capacity and timings for regulated
entertainment were substantially identical to the 2006 Festival, which was a
safe and well run event. The same management
were to be involved this year. |
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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 Councils 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 it inevitable
that, an event of that size, would create inconvenience for some local
residents and as such would interfere to a degree with their right to
peaceful enjoyment of their possessions.
However, the Sub Committee considered that the measures contained
within the Operating Schedule, together with the additional conditions were
sufficient to ensure that the licensing objectives were met and any such
interference was proportional to the benefit to the wider community. The
Sub Committee considered their decision 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. |
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Resolution: |
THAT the grant
of a Premises Licence for Seaclose Park, Medina High School and North Fairlee
Farm 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 by agreement, for the promotion of the four
licensing objectives, namely by requiring the following conditions listed
below: |
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Conditions: |
(i)
No regulated entertainment to take place
until a full Traffic Management Plan had been submitted to the Councils
Highways Department and had been approved in writing by them. This would ensure public safety in relation
to road traffic on the roads in and surrounding the site; (ii)
The area to the North West of the private
dwellings on the North side of East Cowes Road, in between its junction with the main road to East Cowes and where
it joins the Race Course, should not be used as a car park unless: a. A
buffer zone of at least 15 metres from the gardens boundaries had been
created by the erection of a 2 metre minimum height fence; b. Such
parking area and buffer zone to be patrolled 24 hours per day for the
duration of the event; c. Adequate
toilet facilities to be provided in that parking area. |
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CHAIRMAN