MINUTES OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON  MONDAY, 23 JANUARY 2006 COMMENCING AT 9.30 AM

 

Present :

                        Cllrs Ivan Bulwer, Heather Humby, Lady Pigot

 

 



93.             ELECTION OF CHAIRMAN

 

RESOLVED :

 

THAT Mr I Bulwer be elected chairman for the day.

 

94.             MINUTES

 

RESOLVED :

 

THAT the minutes of the meeting held on 20 December 2005 be confirmed.

 

95.             DECLARATIONS OF INTEREST

 

There were no declarations of interest made at this stage.

 

96.             URGENT BUSINESS

 

There were no urgent items of business for consideration.

 

97.             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 the variation of a Premises Licence for the Waverley Hotel, Carisbrooke, Isle of Wight in accordance with Section 34(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 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 and interested parties 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

97

Application:

Application for a Variation of a Premises Licence for the Waverley Hotel, Carisbrooke, Isle of Wight

Details:

 

Provision of Regulated Entertainment

Hours of Licensable Activities

 

 

 

(a)

Plays

N/A

(b)

Films

Sunday-Thursday 1000-0001

Friday & Saturday 1000-0100

One additional hour after the finish times

on the following occasions:-

New Year’s Day, Valentines Day, Thursday – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

 Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(c)

Indoor Sporting Events

Sunday-Thursday 1000-0001

Friday & Saturday 1000-0100

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

                    Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(d)

Boxing or Wrestling

N/A

(e)

Live Music

Sunday-Thursday 1900-2300

Friday & Saturday 1900-0001

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

 Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

 Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(f)

Recorded music

Sunday-Thursday 1900-2300

Friday & Saturday 1900-0001

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

 Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(g)

Performances of Dance

Sunday-Thursday 1900-2300

Friday & Saturday 1900-0001

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

 Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(h)

Anything similar to (e) (f) (g) above

Sunday-Thursday 1900-2300

Friday & Saturday 1900-0001

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

 Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

 

 

 

 

Provision of Entertainment Facilities

 

 

 

 

(i)

making music

Sunday-Thursday 1900-2300

Friday & Saturday 1900-0001

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(j)

dancing

Sunday-Thursday 1900-2300

Friday & Saturday 1900-0001

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s

 Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

(k)

entertainment similar to (i) & (j) above

N/A

 

 

 

 

Late Night Refreshment

N/A

 

 

 

 

Supply of Alcohol

Sunday-Thursday 1000-0001

Friday & Saturday 1000-0100

One additional hour after the finish times on

 the following occasions:-

New Year’s Day, Valentines Day, Thursday

 – Monday of the Easter Bank Holiday

Weekend, Sunday & Monday of all Bank

Holiday Weekends, St Patrick’s Day, St

George’s Day, St David’s Day, St Andrew’s Day, 23rd-30th December inclusive.

New Year’s Eve 36 hours as per existing

provisions.

 

 

 

 

Other Times Premises Proposed To Be Open To The Public

Sunday-Thursday 1000-0030

Friday & Saturday 1000-0130

30 minutes after the sale of alcohol times

for non standard days listed above.

 

 

 

Public Participants:

Mr S Kennedy (applicant)

Additional Representations:

None

Comments :

Members confirmed that they had all read the relevant papers.

Members were advised that due to a typographical error the times requested by the applicant were those as set out in the application form and not those as listed in the report, Paper B.

The applicant confirmed that all live and recorded music, the facilities for making music, the performance of dance and the facilities for dancing throughout the premises would end at least an hour before the supply of alcohol finish time in order to minimise public nuisance.

Mr D Barnard, the objector, was unable to attend the meeting.

The applicant and the interested parties were advised of their right of appeal to the Magistrates Court if they were dissatisfied with the decision and that any appeal had to be heard within 21 days.

Reasons for Decision:

In reaching the following 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 that their decision was proportionate and necessary for the promotion of the four licensing objectives under the Licensing Act 2003.

Resolution:

THAT the licence be granted in accordance with the application and operating schedule, 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.

Conditions:

There were no additional conditions.

 

 

 

 

 

CHAIRMAN