Licensing Sub Committee minutes 26 June 2006

1. MINUTES

RESOLVED :

THAT the minutes of the meetings held on 15 and 19 May 2006 be confirmed.

2. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

3. URGENT BUSINESS

There were no urgent items of business for consideration.

4. 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 by the Hampshire Constabulary for the Review of a Premises Licence, received in accordance with Section 51 of the Licensing Act 2003.

Details of representations made relevant to one or more of the licensing objectives were set out in the report of the Head of Consumer Protection, circulated with the agenda. Seven letters of support for Stanley Sports Bar had been received and were attached to the report.

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 applicant, the Designated Premises Supervisor 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	(06/07) - 1
Application:	Application by the Hampshire Constabulary for the Review of a Premises Licence for Stanley’s Sports Bar, Union Street, Ryde, Isle of Wight
Details:	The application for the Review of the Premises Licence had been submitted by the Hampshire Constabulary relating to all four licensing objectives: The Prevention of Crime and Disorder; Public Safety; The Prevention of Public Nuisance; The Protection of Children from Harm.
Public Participants:	Mr R Trencher (Solicitor for the applicant) Detective Sergeant Heelan (for the applicant) Sergeant Mudge (for the applicant) Mr P Savill (Counsel for Designated Premises Supervisor (DPS) and Premises Owner) Mr I Heal (Solicitor for DPS and Premises Owner) Miss S Mainzinger (DPS) Mr F Louch (Premises Owner) Mr D Watts (Head of Security)
Additional Representations:	None
Comments :	The Chairman expressed the view of the Panel that they would like to see a marked improvement in communications between the police and premises owner. The Panel viewed the matter before them to be very important and if such communication had taken place last year the need for the application may well have been avoided. The Chairman also stated that the Panel hoped it would not see a further review being requested by the police in respect of drug dealing taking place at Stanley’s Sports Bar.
Reasons for Decision:	It was Members’ belief that there had unquestionably been Class A drugs on the premises, which the Licensing Authority treated very seriously. The Licensing Authority was astonished that the level of activity went unnoticed by the Designated Premises Supervisor. In accordance with the Guidance issued under s182 of the Licensing Act 2003 and in particular paragraphs 5.113, 5.115 and 5.116 the Sub Committee considered their decision to be proportionate and necessary in promoting the prevention of crime and disorder. 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 All parties were advised 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:	(i) THAT Simone Jane Mainzinger be removed as the Designated Premises Supervisor from Stanley’s Sports Bar; (ii) THAT the Premises Licence for Stanley’s Sports Bar be suspended for a period of two months.
Conditions:	None

CHAIRMAN

Detective Sergeant Heelan (for the applicant)

Sergeant Mudge (for the applicant)