Licensing Sub Committee Minutes

5. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 18 July 2005 be confirmed.

6. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

7. URGENT BUSINESS

There were no urgent items of business to be considered.

8. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Papers B1 – B2, 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 uncontested conditions, agreed in accordance with Officer recommendation to promote 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. Both applicants and their representatives agreed, that for training purposes only, for Cllr G Cameron to remain present for the item of business set out in Minute 8a and for the Councils Environmental Services Manager to remain present for the item of business set out in Minute 8a and 8b, should the Sub Committee agree to go into private session. It was confirmed that they would both take no part in the discussion of the decision thereon.

After the hearing of each application held in public, the Sub Committee considered the determination of each application in confidential session, in accordance with regulation 14 (2), of the Licensing Act 2003 (Hearings) Regulations 2005.

For each application upon reconvening in public, the Sub Committee presented the following decision and the reasons for that decision.

RESOLVED:

THAT upon receiving the reports of the Head of Consumer Protection, oral 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

Application:

Application for the Conversion and Variation of a Premises Licence for the Vine Inn, St Helens

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: 10:00 to 02:00 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: 10:00 to 02:00 hours
	Late Night Refreshment	Monday to Sunday: 23:00 to 02:00 hours
	Supply of Alcohol	Monday to Sunday: 10:00 to 02:00 hours
	Other Times Premises Proposed To Be Open To The Public	Monday to Sunday: 10:00 to 02:00 hours

Public Participants:

Mr B Oxford (applicants’ representative)

Mrs N Floyd and Mr S Gray (applicants)

Mr Spafford (landlord of premises)

Captain R F Carpenter (objector)

Mr M Anderson (objector)

Mr D Chads (objector)

Mr C Drewery (objector)

Mr S Lutter (objector)

Environmental Health Department

Additional Representations:

None

Comments:

The Environmental Health Department indicated that they had withdrawn their recommended Condition 5, as set out on A1 – 45 of the report, as after discussion with the applicant was considered not necessary.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objectives regarding the Prevention of Public Nuisance, and in accordance with paragraphs 3.11, 4.3, 4.5 and 8.18 of the Isle of Wight Council’s Statement of Licensing Policy.

The limitation on the number of nights musical entertainment was permitted was to limit the impact of the activity on the inhabitants of the area

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 the applicants 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 the Premises Licence for the Vine Inn, St Helens be approved for the following times:

(i) Opening times 10.00 – 01.30 hours every night unless private entertainment was taking place, when opening hours would be extended to 02.00 hours;

(ii) The Supply of Alcohol to be permitted 10.00 – 01.00 hours every night unless private entertainment was taking place, when it would be extended to 01.30 hrs;

(iii) Late Night Refreshment would be permitted as per the operating schedule, from 23.00 hours until closing time every night;

(iv) Regulated Entertainment would be permitted as per the operating schedule from 10.00 – 00.00 hours midnight, on any night, subject to the condition that it would only take place up to a maximum of three times per week, on days of the applicants choosing.

And 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:

(i) The Nuisance from Noise condition, as set out on page A1 – 44, with regard to the installation in the premises of an electronic sound limiting device to control the level of noise breakout, prior to any entertainment taking place after 23.00 hours. The device to be installed and set up by a competent person and to be set at a level agreed with the Licensing Authority;

(ii) The Ventilation Condition, as set out on page A1 – 45 of the report;

(iii) The Signage Condition, as set out on page A1 – 45 of the report;

(iv) The Internal Communications Procedure Condition, as set out on page A1 – 45 of the report

Decision Ref

Application:

Application for the Conversion and Variation of a Premises Licence for the Richmond Arms (Formerly Richmond Hotel), Esplanade, Ventnor, Isle of Wight

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	N/A
(b)	Films	N/A
(c)	Indoor Sporting Events	N/A
(d)	Boxing or Wrestling	N/A
(e)	Live Music	1000hrs to 2400hrs Monday to Sunday
(f)	Recorded music	1000hrs to 2400hrs Monday to Sunday
(g)	Performances of Dance
(h)	Anything similar to (e) (f) (g) above	1000hrs to 2400hrs Monday to Sunday

	Provision of Entertainment Facilities
(i)	making music
(j)	dancing	1000hrs to 2400hrs Monday to Sunday
(k)	entertainment similar to (i) & (j) above	1000hrs to 2400hrs Monday to Sunday

	Late Night Refreshment	N/A
	Supply of Alcohol	1000hrs to 2400hrs Monday to Sunday
	Other Times Premises Proposed To Be Open To The Public	1000hrs to 0030hrs Monday to Sunday

Public Participants:

Mr B Oxford (applicants’ representative)

Mr & Mrs Bothwell (applicant)

Ms M Forsyth-Grant (objector)

Additional Representations:

None

Reasons for Decision:

The conditions restricting drinking outside and the placing of bottles outside of the building would reduce the noise emanating from the premises at night and would promote the Licensing objective regarding the Prevention of Public Nuisance and were in accordance with the Isle of Wight Council’s Statement of Licensing Policy.

The Sub Committee noted the applicants 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 the Premises Licence for the Richmond Arms (Formerly Richmond Hotel), Esplanade, Ventnor, 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:

(i) After 23.00 hours drinking would not be permitted outside of the premises;

(ii) Empty bottles were not to be placed outside the building between 20.00 and 08.00 hours the following morning, on any day;

CHAIRMAN