minutes

8. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 6 July 2006 be confirmed.

9. DECLARATIONS OF INTEREST

Cllr Lady Pigot declared a personal interest in Minute 10 as her daughter had previously attended Ryde School and she had occasionally met the Bursar, Mr Davies in an official capacity.

Cllr Susan Scoccia declared a personal interest in Minute 10 as her daughter had previously attended Ryde School.

Cllr Mike Cunningham declared a personal interest in Minute 10 as his grandson had previously attended Fiveways.

10. REPORTS 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 each application in turn, the Sub Committee presented the following decision and the reasons for that decision.

RESOLVED:

THAT upon receiving the reports 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 Council’s Statement of Licensing Policy 2004 – 2007, the applications be determined as detailed below:

Decision Ref	3 – (06/07)
Application:	Application for a premises licence for Ryde School, Queens Road, Ryde, Isle of Wight.
	Provision of Regulated Entertainment		Hours of Licensable Activities

Details:	(a)	Plays	Monday to Sunday 09:00 until 23:00 hrs
	(b)	Films	Monday to Sunday 09:00 until 23:00 hrs
	(c)	Indoor Sporting Events	Monday to Sunday 09:00 until 23:00 hrs
	(d)	Boxing or Wrestling	Not Applicable
	(e)	Live Music	Monday to Sunday 09:00 until 23:59 hrs
	(f)	Recorded music	Monday to Sunday 09:00 until 23:59 hrs
	(g)	Performances of Dance	Monday to Sunday 09:00 until 23:59 hrs
	(h)	Anything similar to (e) (f) (g) above	Monday to Sunday 09:00 until 23:59 hrs
	Provision of Entertainment Facilities

	(i)	making music	Monday to Sunday 09:00 until 23:59 hrs
	(j)	dancing	Monday to Sunday 09:00 until 23:59 hrs
	(k)	entertainment similar to (i) & (j) above	Monday to Sunday 09:00 until 23:59 hrs

	Late Night Refreshment		Not Applicable

	Supply of Alcohol		Not Applicable

	Other Times Premises Proposed To Be Open To The Public		Monday to Sunday 09:00 until 23:59 hrs

	Non Standard Timings Applicable To All Activities		Not Applicable
Public Participants:	Mr M Davies (On behalf of the applicant) Miss Mary Low (Objector) Mr Paul Ferguson (Objector) Mr Franks (Objector) Mrs Sandra Ferguson (Objector) Mrs McCrimmon (Objector) Mrs Jones (Objector)
Additional Representations:	None.
Comments :	None.
Reasons for Decision:	The reasons were provided in the report to promote the Licensing objectives 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 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 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 Premises Licence for Ryde School, Queens Road, Ryde, Isle of Wight be approved, in accordance with the application, subject 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 as the Sub Committee have considered necessary for the promotion of the four licensing objectives, namely by requiring the following conditions listed below:
Conditions:	(i) The licensable activities authorised by this licence shall be restricted to 12 occasions per year. Reason : It is the committees belief that the above condition is required in order to promote the licensing objectives, and in particular the prevention of public nuisance. The condition seeks to restrict the frequency that the premises certificate authorises in order to minimise the impact upon the interested parties and adjoining neighbours. It is the committee belief that an unrestricted licence would be likely to adversely impact upon those same interested parties and adjoining neighbours. (ii) Not withstanding Condition (i) above no licensable activity shall be permitted unless 7 days written notice is given to the Local Licensing Authority.

CHAIRMAN