MINUTES
OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY
HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 22 AUGUST COMMENCING AT 9.30 AM
Present :
Cllrs Mike Cunningham (Chairman), Lady Pigot,
David Whittaker
MINUTES
OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY
HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 22 AUGUST COMMENCING AT 9.30 AM
Present :
Cllrs Mike Cunningham (Chairman), Lady Pigot,
David Whittaker
21. DECLARATIONS OF INTEREST
There were no declarations of interest made at this stage.
22. URGENT BUSINESS
There were no urgent items of business for consideration.
23. REPORTS
OF THE HEAD OF CONSUMER PROTECTION
Consideration was given
to Papers A1 – A3, 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.
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 considered the determination of the application and
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:
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Decision Ref |
23a |
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Application: |
Application for a
Conversion and Variation of a Premises Licence for the Old Comical, 15 St
Johns Road, Sandown, Isle of Wight, PO36 8ES |
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Details: |
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Public Participants: |
Mr Paul Linton
(Representative of Applicant) Mr Dean Leonard Brand
(Licensee) Mr Gareth Davies
(Principal Environmental Health Practitioner) Mr S T Deag (Objector) |
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Additional Representations: |
None |
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Comments : |
Members
had read the background papers and in light of the applicant agreeing, prior
to the meeting, to cease all live music at 23:00 hours, the Environmental
Health Department withdrew their comments. Members were informed that the
supply of alcohol on Wednesdays had also been agreed to be limited to 23:00
hours. |
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Reasons for Decision: |
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 s182 of the Licensing Act
2003. The applicant had taken sufficient measures to control noise outbreak
in the operating schedule. There was a separate legislative framework to deal
with any noise nuisance that might emanate from the premises in the future. 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 noted that the applicant 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 Variation and Conversion of a Premises Licence for the Old Comical, 15
St Johns Road, Sandown, Isle of Wight be approved, in accordance with the
application as amended by the applicant during the committee meeting,
providing that live music would cease at 23:00 hours on all nights and that
on Wednesdays nights the supply of alcohol would only take place from 11:00
to 23:00 hours and recorded music would only be played between 11:00 and
23:00 hours, subject to those conditions proposed by the applicant within the
operating schedule, and to the mandatory conditions specified in s19 of the
Licensing Act 2003. |
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Decision Ref |
23b |
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Application: |
Application for a
Conversion and Variation of a Premises Licence for the Crown Hotel, St Thomas
Square, Ryde, Isle of Wight, PO33 2PJ |
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Details: |
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Public Participants: |
None |
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Additional Representations: |
None |
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Comments : |
The item was withdrawn
by the applicant prior to the meeting |
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Reasons for Decision: |
The
item had been withdrawn |
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Resolution: |
THAT it be noted
that the item had been withdrawn. |
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Conditions: |
Not applicable |
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Decision Ref |
23c |
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Application: |
Application for a
Conversion and Variation of a Premises Licence for the Abingdon Lodge Hotel, 20
West Street, Ryde, Isle of Wight, PO33 2QQ |
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Details: |
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Public Participants: |
Mr Dennis John
Armstrong (Licensee) Mr Lawrence Bate (Objector) Mrs J Hamilton
(Objector) Mr W. J. Quayle
(Objector) Mrs Silvia Quayle
(Objector) Mrs Ann T Jones
(Objector) Ms Tracy Jones
(Objector) |
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Additional Representations: |
None |
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Comments : |
Section
Q, of Paper A3 of the agenda, was absent from the documentation and was
therefore circulated to all present at the beginning of the meeting. The
meeting was adjourned to allow time for the Objectors to absorb the
information. The Objectors discussed the documentation in private and
appointed Ms Tracy Jones as their spokesperson. Upon reconvening in public
both the applicant and the Objectors agreed to proceed with the hearing of
the application. The
applicant amended the application whereby all licensable activities on
Sundays would cease at 23:00 hours. |
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Reasons for Decision: |
The reasons were
provided in the report to promote the Licensing objectives regarding the
Prevention of Crime and Disorder and the Prevention of Public Nuisance, in
particular, in accordance with the Isle of Wight Council’s Statement of
Licensing Policy and s182 of the Licensing Act 2003. The Sub Committee felt
that the Licensing Objectives would be met by the operations of the business
in accordance with the operating schedule. The Sub Committee noted that there
had been no representations from the responsible authorities and felt that
there was adequate legislation to deal with any excessive noise from the
premises in the future. 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. |
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Resolution: |
THAT the grant of
a Variation and Conversion of a Premises Licence for the Abingdon Lodge
Hotel, 20 West Street, Ryde, Isle of Wight be approved, in accordance with
the amended application, subject to those conditions proposed by the
applicant within the operating schedule and to the mandatory conditions
specified in s19 of the Licensing Act. The amended application provided for
the cessation of all licensable practices at 23:00 hours on Sundays and the
premises to be open to the public until 23:00 hours on Sundays. |
CHAIRMAN