MINUTES OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON FRIDAY, 23 SEPTEMBER 2005 COMMENCING AT 9.30 AM

Present :

Councillors Susan Scoccia, Brian Mosdell, David Whittaker

59. ELECTION OF CHAIRMAN

RESOLVED

THAT Councillor Susan Scoccia be elected Chairman for the day.

60. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

61. URGENT BUSINESS

There were no urgent items of business for consideration.

62. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper A - D, 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:

Decision Ref

 62a

Application:

Application for a Conversion and Variation of the Premises Licence for Bembridge 18 + Club, Steyne Park, Steyne Park Road, Bembridge, Isle of Wight, PO35 5UL

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Not Applicable
(c)	Indoor Sporting Events	Not Applicable
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	Monday to Thursday 11:00 hours until 23:00 hours Friday & Saturday 11:00 hours until 01:00 hours Sunday 12:00 hours until Midnight
(f)	Recorded music	Monday to Thursday 11:00 hours until 23:00 hours Friday & Saturday 11:00 hours until 01:00 hours Sunday 12:00 hours until Midnight
(g)	Performances of Dance	Not Applicable
(h)	Anything similar to (e) (f) (g) above	Monday to Thursday 11:00 hours until 23:00 hours Friday & Saturday 11:00 hours until 01:00 hours Sunday 12:00 hours until Midnight
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Not Applicable
(k)	entertainment similar to (i) & (j) above	Not Applicable
	Late Night Refreshment	Not Applicable
	Supply of Alcohol	Not Applicable
	Non-Standard Timings	All bank holidays; Christmas Eve and New Years Eve and Bembridge Carnival day 11:00 hours until 03:00 hours

Interested Parties/ Responsible authorities

Mr Alan Morris (Applicant)

Additional Representations:

None.

Comments :

The Sub Committee noted that application had been advertised to sell alcohol as per other Licensing activities. The Sub Committee considered that no prejudice would be caused to any party by the correction of the hours within the operating schedule advertised.

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 Ccommittee 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.

Resolution:

THAT the grant of a Variation and Conversion of a Premises Licence for Bembridge 18 + Club, Steyne Park, Steyne Park Road, Bembridge, Isle of Wight, PO35 5UL 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:

 Conditions :

1. On no more than 12 occasions per calendar year the premises may open on Sundays and Bank Holiday Monday until 00:00 hours so long as 7 days notice is given to the Police and Licensing Authority. On all other Sundays and Bank Holidays Monday Licensable activities to finish at 23:00.
2. Live music to finish at 00:00 on all days.

Decision Ref

62b

Application:

Application for a Conversion and Variation of a Premises Licence for Liberty’s Café Bar, 12 Union Street, Ryde, Isle of Wight PO33 2DU

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Not Applicable
(c)	Indoor Sporting Events	Not Applicable
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	See (h) below
(f)	Recorded music	See (h) below
(g)	Performances of Dance	See (h) below
(h)	Anything similar to (e) (f) (g) above	Sunday to Wednesday 10:00 hours until 23:00 hours Wednesday to Saturday 10:00 hours until 01:00 hours
	Provision of Entertainment Facilities
(i)	making music	See (k) below
(j)	dancing	See (k) below
(k)	entertainment similar to (i) & (j) above	Sunday to Wednesday 10:00 hours until 23:00 hours Wednesday to Saturday 10:00 hours until 01:00 hours
	Late Night Refreshment	Thursday to Saturday 23:00 hours until 01:00 hours New Years Eve 23:00 hours until 02:00 hours Sundays before Bank Holidays 23:00 hours until 01:00 hours
	Supply of Alcohol	Sunday to Wednesday 10:00 hours until 23:00 hours Wednesday to Saturday 10:00 hours until 01:00 hours
	Non Standard Timings Applicable to all activities	New Years Eve 10:00 hours until 02:00 hours Sundays before Bank Holidays 10:00 hours until 01:00 hours
	Hours Premises Open To The Public	Sunday to Wednesday 10:00 hours until 23:30 hours Wednesday to Saturday 10:00 hours until 01:30 hours New Years Eve 10:00 hours until 02:30 hours Sundays before Bank Holidays 10:00 hours until 01:30 hours

Interested Parties / Responsible Authorities

Mrs A Horne (Applicant)

Mr G Davies (Environmental Health Practitioner)

Additional Representations:

 None.

Comments :

None.

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.

To prevent public nuisance by way of potential noise disturbance to local residents.

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.

Resolution:

THAT the grant of a Variation and Conversion of a Premises Licence for Liberty’s Café Bar, 12 Union Street, Ryde, Isle of Wight PO33 2DU 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:

Conditions:

1. No regulated entertainment hereby permitted by this licence shall take place inside the premises after 23:00 hrs until all external doors or windows are full closed.
2. A copy of all public nuisance complaints receive shall be recorded in a log book containing the time of complaint, date, complainant’s name and address.
3. No hot food shall be authorised to be sold by this license after 23:00 or before 05:00 hrs.

A copy of the full conditions and reasons can be found on page B43 of the report dated 15.9.05 numbers 2 and 3

Decision Ref

62c

Application:

Application for a Conversion and Variation of a Premises Licence for Bernay Hotel, 24 Victoria Road, Sandown, Isle of Wight, PO36 8AL

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Not Applicable
(c)	Indoor Sporting Events	Not Applicable
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	See (h) Below
(f)	Recorded music	See (h) Below
(g)	Performances of Dance	See (h) Below
(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 07:00 hours until 01:00 hours
	Provision of Entertainment Facilities
(i)	making music	See (k) Below
(j)	dancing	See (k) Below
(k)	entertainment similar to (i) & (j) above	Monday to Sunday 07:00 hours until 01:00 hours
	Late Night Refreshment	Not Applicable
	Supply of Alcohol	Monday to Sunday 10:30 hours until 23:00 hours
	Non Standard Timings Applicable to all Activities	Christmas Eve and New Years Eve until 02:00 hours
	Conditions To Be Removed	Conditions attached to Justices Residential Licence

Interested Parties / Responsible Authorities

None.

Additional Representations:

 None.

Comments :

The Licensing Officer contacted the applicant prior to the start of the meeting to clarify a couple of issues on the Licensing Application Form.

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.

Resolution:

THAT the grant of a Variation and Conversion of a Premises Licence for Bernay Hotel, 24 Victoria Road, Sandown, Isle of Wight, PO36 8AL 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:

Conditions:

1. As agreed with the applicant by telephone, no regulated entertainment shall be authorised by this Licence after 23:00 until 07:00. No live amplified music shall be authorised by this Licence.

Decision Ref

62d

Application:

Application for a Conversion and Variation of a Premises Licence for Ryde Social Club, Adelaide Place, Ryde, Isle of Wight, PO33 3DQ

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Not Applicable
(b)	Films	Not Applicable
(c)	Indoor Sporting Events	Not Applicable
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	Not Applicable
(f)	Recorded music	Not Applicable
(g)	Performances of Dance	Not Applicable
(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 08:00 hours until midnight
	Provision of Entertainment Facilities
(i)	making music	Not Applicable
(j)	dancing	Not Applicable
(k)	entertainment similar to (i) & (j) above	Monday to Sunday 08:00 hours until midnight
	Late Night Refreshment	Not Applicable
	Supply of Alcohol	Monday to Sunday 10:00 hours until midnight

Interested Parties / Responsible Authorities

None.

Additional Representations:

It was noted that a late representation had been received from the Local Councillor, Cllr Ian Stephens.

Comments :

None.

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.

To prevent public nuisance by way of potential noise disturbance to local residents.

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.

Resolution:

THAT the grant of a Variation and Conversion of a Premises Licence for Ryde Social Club, Adelaide Place, Ryde, Isle of Wight, PO33 3DQ 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 s73(2), 73(5) and 74 of the Licensing Act and subject to the following conditions listed below:

Conditions:

No extension for world sporting events shall be authorised by the Licence unless 7 days written notice is given to the local Licensing Authority and the Police to include only Cricket World Cup, Football World Cup, Rugby World Cup and the Olympic. Extensions authorised by this condition to extend only to half an hour before the start of the event until half an hour after the event.

CHAIRMAN