Licensing Sub Committee Minutes

27. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

28. URGENT BUSINESS

There were no urgent items of business for consideration.

29. REPORT OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper A, the report of the Head of Consumer Protection, providing details of an Application 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 the application 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 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 application be determined as detailed below:

Decision Ref

Application:

Application for a Conversion and Variation of a Premises License for the Colwell Bay Inn, Colwell Road, Freshwater, Isle of Wight, PO40 9LZ

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	N/A
(b)	Films	10.00 – 00.30 hours each day
(c)	Indoor Sporting Events	10.00 – 00.30 hours each day
(d)	Boxing or Wrestling	N/A
(e)	Live Music	10.00 – 2400 hours each day
(f)	Recorded music	10.00 – 24.00 hours each day
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	10.00 – 24.00 hours each day
	Provision of Entertainment Facilities
(i)	making music	N/A
(j)	dancing	N/A
(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment	23.00 – 00.30 hours each day
	Supply of Alcohol	10.00 – 24.00 hours each day 10.00 hours New Year’s Eve - 01.00 hours on 2 January 10.00 – 01.00 hours Friday – Monday on all Bank Holidays, Christmas Eve and Boxing Day
	Other Times Premises Proposed To Be Open To The Public	10.00 – 00.30 hours each day. Hours extended by thirty minutes after last sale on 2 January, Friday – Monday on all Bank Holidays, Christmas Eve and Boxing Day.

Public Participants:

Mr Geoff Spafford (Regional Manager for Enterprise Inns, representing the Licensees)

Mrs Victoria Sanders (Licensee)

Mrs Allison Merrett (Licensee)

Mr Mark Lawrence (Objector)

Mr Peter Tayler (Objector)

Additional Representations:

None

Comments :

Members were shown a location map indicating the position of the premises and the homes of the Objectors. Members noted that the current Licensees had taken over the lease of the premises on 28 April 2005. The applicant’s representative offered to close the patio area at 23:00 hours, cease music at 23:30 hours, and invited the objectors to directly inform the Licencees of any future complaints.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance, in accordance with the Isle of Wight Council’s Statement of Licensing Policy and of the s182 Guidance 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 Variation and Conversion of a Premises Licence for the Colwell Bay Inn, Colwell Road, Freshwater, Isle of Wight 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:

The patio area shall cease to be used after 23:00 hours.
A Complaint book be maintained by the applicant which would record the date, time, nature and remedial action taken. This to be open to inspection of an authorised officer of the Council with 24 hours notice.
All live music to cease at 23:30 hours.

CHAIRMAN