MINUTES
OF MEETING ONE OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY
HALL, NEWPORT, ISLE OF WIGHT ON THURSDAY 22 SEPTEMBER 2005 COMMENCING AT 2.00PM
Present :
Councillors
Brian Mosdell, Ivan Bulver, George Cameron
MINUTES
OF MEETING ONE OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY
HALL, NEWPORT, ISLE OF WIGHT ON THURSDAY 22 SEPTEMBER 2005 COMMENCING AT 2.00PM
Present :
Councillors
Brian Mosdell, Ivan Bulver, George Cameron
51. ELECTION OF CHAIRMAN
RESOLVED
THAT Councillor Brian Mosdell be
elected Chairman for the day.
52. DECLARATIONS OF INTEREST
There were no declarations of interest made at this stage.
53.
URGENT BUSINESS
There were no urgent
items of business for consideration.
54.
REPORTS OF THE HEAD OF CONSUMER PROTECTION
Members noted that the application for a conversion of the Premises Licence during the transitional period under Schedule 8 paragraph 2(2) of the Licensing Act 2003 and for a variation of the Premises Licence during the transitional period under Schedule 8 paragraph 7(1) (b) of the Licensing Act 2003 for the Royal Squadron, 70 Union Street, Ryde, Isle of Wight had been withdrawn because a hearing was no longer necessary due to the suggested conditions being agreed by all parties.
Consideration was given to Paper B, the application for a conversion of the Premises Licence during the transitional period under Schedule 8 paragraph 2(2) of the Licensing Act 2003 and for a variation of the Premises Licence during the transitional period under Schedule 8 paragraph 7(1) (b) of the Licensing Act 2003 and to Paper C, an application for a conversion of 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.
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 decision s and the reasons for that decision.
The meeting was adjourned during the consideration of Paper B in order to allow the committee to take legal advice concerning comments made by the objector. During the adjournment the objector left the building and upon reconvening the committee announced their decision to proceed with the meeting despite the absence of the objector.
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Decision Ref |
54a |
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Application: |
Application for a conversion and variation of the
Premises Licence - The Quay Arts
Centre, 15 Sea Street, Newport |
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Details |
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Public Participants |
Mr
I A Gregory ( Applicant) Mr
B Rushton (Objector) |
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Additional Representations: |
Mr Gareth Davies (Principal Environmental Health
Practitioner) |
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Comments : |
None |
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Reasons for Decision: |
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 and interested parties 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 Quay Arts Centre, Newport be approved, in accordance
with the application, including an extension to supply of alcohol by one hour
and the inclusion to serve late night refreshment until the premises closed
to the public at 00:30 hours. The
application to include the exhibition of films on the new licence because as
until now this activity had been exempt under the Cinemas Act 1985 was also
approved. |
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Conditions: |
None |
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Decision Ref |
54b |
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Application: |
Application for a conversion and variation of
Lake Working Men’s Club Premises Certificate |
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Details: |
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Public Participants |
Gillian Robinson (Applicant) |
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Additional Representations: |
Mr Gareth Davies (Principal Environmental Health
Practitioner) |
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Comments : |
None |
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Reasons for Decision: |
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. To ensure that children
are protected form harm. |
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Resolution: |
THAT the grant for the conversion and variation of a Premises Certificate for the Lake Working Men’s Club be approved, in accordance with the application subject to the condition listed below: |
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Conditions: |
THAT the applicant write to inform the licensing authority with in 28 days detailing the steps taken to ensure that staff and committee members have sufficient authority to ask a member to leave the premises if they are not exercising sufficient supervision and control of a child they are accompanying. |
CHAIRMAN
MINUTES OF MEETING TWO OF THE LICENSING SUB COMMITTEE
HELD IN THE MARRIAGE ROOM, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON THURSDAY, 22
SEPTEMBER 2005 COMMENCING AT 12.10 PM
Present :
Councillors Mike Cunningham (Chairman),
Henry Adams, William Burt
55.
ELECTION OF CHAIRMAN
RESOLVED
THAT Councillor
Mike Cunningham be elected Chairman for the day.
56.
DECLARATIONS OF
INTEREST
There were no
declarations of interest made at this stage.
57.
URGENT BUSINESS
There were no urgent items of business
for consideration.
58.
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:
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Decision Ref |
58a |
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Application: |
Application for a Conversion and Variation of the Premises
Licence for Chapmans, High Street, Ventnor, Isle of Wight |
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Details: |
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Interested Parties/ Responsible authorities |
Sgt Mudge (Responsible Authority) PC Underwood (Responsible Authority) |
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Additional Representations: |
Late representations had been received from the
Police. |
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Comments : |
None. |
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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 meeting adjourned to allow the applicant to
consider the late representations. Upon reconvening the applicant withdraw
their application for variation of the licence. 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. |
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Resolution: |
THAT in light of the withdrawal of the
application for variation of the licence and the Police withdrawing their representations,
members noted the conversion of the existing Licences held by the applicant
as set out in the report. |
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Conditions
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None. |
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Decision Ref |
58b |
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Application: |
Application for a Conversion and
Variation of a Premises Licence for The Last Resort, 33-35 High Street,
Shanklin |
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Details: |
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Interested Parties / Responsible Authorities |
Mr Clive White (Applicant) Mr Chainey (Applicant Representative) |
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Additional Representations: |
None. |
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Comments : |
The applicant had offered to implement two
conditions to address the issues raised by the objectors letter. |
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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 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
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. |
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Resolution: |
THAT the grant of a Variation and
Conversion of a Premises Licence for The Last Resort, 33-35 High Street, Shanklin
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: |
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Conditions: |
1.
That no empty bottles
are to be emptied into the bottle bin at the rear of the premises after 21:30
hours each day. 2.
That the recorded
music should finish at 23:00 hours |
CHAIRMAN