MINUTES OF MEETING ONE OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 2, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 26 SEPTEMBER 2005 COMMENCING AT 9.30 AM

Present :

Councillors Ivan Bulwer (Chairman), Henry Adams, William Burt

Also Present (Non Voting) :

Councillors George Brown, Mike Cunningham

63. ELECTION OF CHAIRMAN

RESOLVED :

THAT Cllr Ivan Bulwer be elected Chairman for the day.

64. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

65. URGENT BUSINESS

There were no urgent items of business for consideration.

66. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Papers 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.

A schedule of any additional representations, received after the printing of the reports, was submitted to Members prior to the consideration of each relevant application. Members noted that a record to this effect would be contained within the minutes.

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

66a

Application:

Application for a Conversion and Variation of a Premises Licence for The Prince of Wales, Princes Road, Freshwater, 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	N/A
(f)	Recorded music	N/A
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	N/A
	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	N/A
	Supply of Alcohol	10:30 hours – 23:00 hours Monday – Thursday 10:30 hours – 24:00 hours Friday – Sunday 10:30 hours – 01:00 hours Friday, Saturday, Sunday & Monday of all bank holidays 10:30 hours – 01:00 hours Christmas Eve, Christmas Day, Boxing Day, 27 December 10:30 hours – 02:00 hours New Year’s Eve 10:30 hours – 01:00 hours – New Year’s Day, 2 & 3 January 06:00 hours start on occasion of televised sports from around the world
	Other Times Premises Proposed To Be Open To The Public	10:30 hours – 24:00 hours Monday – Thursday 10:30 hours – 01:00 hours Friday – Sunday 10:30 hours – 02:00 hours Friday, Saturday, Sunday & Monday of all bank holidays 10:30 hours – 02:00 hours Christmas Eve, Christmas Day, Boxing Day, 27 December 10:30 hours – 03:00 hours New Year’s Eve 10:30 hours – 02:00 hours – New Year’s Day, 2 & 3 January 06:00 hours start on occasion of televised sports from around the world

Public Participants:

Mr Christopher Plucknett (Applicant)

PC Underwood (Police)

Additional Representations:

None.

Comments :

None.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the   Prevention of crime and disorder, 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 the Prince of Wales, Princes 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 but modified to such an extent as members have considered necessary for the promotion of the 4 licensing objectives, namely by requiring the following conditions:

Conditions:

Not withstanding the operating schedule attached to the report the sale of alcohol shall be authorised by the Licence from 06:00 when live sporting events is shown on the television of the premises as per agreement with the applicant.

Decision Ref

66b

Application:

Application for a Conversion and Variation of a Premises Licence for the UKSA, Artic Road, Cowes, Isle of Wight

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	18:00 hours – 21:00 hours
(b)	Films	09:00 hours – 00:45 hours
(c)	Indoor Sporting Events	09:00 hours – 20:00 hours
(d)	Boxing or Wrestling	N/A
(e)	Live Music	11:00 hours – 24:00 hours Sunday – Thursday 11:00 hours – 01:00 hours Friday & Saturday
(f)	Recorded music	09:00 hours – 24:00 hours Sunday – Thursday 09:00 hours – 01:00 hours Friday & Saturday
(g)	Performances of Dance	09:00 hours – 01:00 hours
(h)	Anything similar to (e) (f) (g) above	09:00 hours – 24:00 hours Sunday – Thursday 09:00 hours – 01:00 hours Friday & Saturday
	Provision of Entertainment Facilities
(i)	making music	18:00 hours – 24:00 hours Sunday – Thursday 18:00 hours – 01:00 hours Friday & Saturday
(j)	dancing	09:00 hours – 24:00 hours Sunday – Thursday 09:00 hours – 01:00 hours Friday & Saturday
(k)	entertainment similar to (i) & (j) above	18:00 hours – 24:00 hours Sunday – Thursday 18:00 hours – 01:00 hours Friday & Saturday
	Late Night Refreshment	23:00 hours – 24:00 hours Sunday – Thursday 23:00 hours – 01:00 hours Friday & Saturday
	Supply of Alcohol	10:30 hours – 24:00 hours Sunday – Thursday 10:30 hours – 01:00 hours Friday & Saturday 10:30 hours – 02:00 hours – Cowes Week & New Year’s Eve
	Other Times Premises Proposed To Be Open To The Public	10:30 hours – 00:30 hours Sunday – Thursday 10:30 hours – 01:30 hours Friday & Saturday 10:30 hours – 02:30 hours Cowes Week and New Year’s Eve

Public Participants:

Mr Healey (Applicant)

Mr Tetley (Objector)

Mrs Tetley (Objector)

Mrs Daniels (Objector)

Miss Hewitt (Objector)

Additional Representations:

None.

Comments :

It was noted that the applicant had agreed to all the conditions requested by the Environment Health Department and therefore their representations had been withdrawn.

The Applicant advised the meeting they were seeking to upgrade and improve coverage of their current CCTV system. This improved coverage would include the front/main entrance to the premises.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance and the Prevention of Crime and Disorder, in particular and in accordance with paragraphs 8.14, 8.15 and 8.18 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 Variation and Conversion of a Premises Licence for the Application for a Conversion and Variation of a Premises Licence for the UKSA, Artic Road, Cowes, 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 but modified to such an extent as members have considered necessary for the promotion of the 4 licensing objectives namely by requiring the following conditions:

Conditions:

1. No regulated entertainment after 23:00 hereby authorised by this licence shall be permitted unless an electronic sound limiting device has been installed.

2. No regulated entertainment outdoors hereby authorised by this licence after 23:00 shall be permitted until a qualified acoustician’s report concerning the sound integrity of the premises has been commissioned.

3. Prominent, clear and legible notices shall be displayed at all exits requesting customers to respect the needs of local residents by leaving the premises and the area quietly.

4. This recommendation may be substituted should the applicant object to a lower noise limit for outdoor entertainment after 23:00 - No regulated entertainment hereby authorised by this licence shall be permitted outside the premises shown on the play accompanying this application after 20:00 hours, with the exception of the days during Cowes Week. In such cases, regulated entertainment may take place until 23:45

5. A copy of all public nuisance complaints received shall be recorded in a log book containing the time of complaint, date, complainant’s name and address.

The full list of conditions are listed on pages 2,3 and 4 of memo dated 26/8/05 numbers 1,2,3 and 4 which is attached to the decision of the Licensing Sub-Committee.

Decision Ref

66c

Application:

Application for a Conversion and Variation of a Premises Licence for Club Temptation and Coffee Plus, 16 Lower St James Street, Newport, 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	10:00 hours – 05:00 hours
(f)	Recorded music	10:00 hours – 05:00 hours
(g)	Performances of Dance	10:00 hours – 05:00 hours
(h)	Anything similar to (e) (f) (g) above	10:00 hours – 05:00 hours
	Provision of Entertainment Facilities
(i)	making music	10:00 hours – 05:00 hours
(j)	dancing	10:00 hours – 05:00 hours
(k)	entertainment similar to (i) & (j) above	10:00 hours – 05:00 hours
	Late Night Refreshment	23:00 hours – 05:00 hours
	Supply of Alcohol	10:00 hours – 05:00 hours
	Other Times Premises Proposed To Be Open To The Public	10:00 hours – 05:30 hours

Public Participants:

Mr Andrew Woodward (Applicant)

Mr Brian Oxford (Applicants Representative)

Inspector Phil Taylor (Police)

PC Underwood (Police)

Rachel Brown (Police Analyst)

Miss Watson (Objector)

Additional Representations:

Late representations had been received from the Police.

Comments :

The applicant informed the Sub-Committee that he was currently in negotiation with a transport service provider to provide a public service at 04:10 hours to allow customers to disperse from Newport easily.

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 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 Club Temptation and Coffee Plus, 16 Lower St James Street, Newport, Isle of Wight, 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 but modified to such an extent as members have considered necessary for the promotion of the 4 licensing objectives namely by requiring the following conditions:

Conditions:

1. All licensable activity shall cease at 04:00 hours.
2. No licensable activity shall be authorised by this licence until the premises have provided written confirmation to the satisfaction of the Local Licensing Authority that they have contracted for the provision of transport with a public service provider transport for customers at 04:10 hours.

Decision Ref

66d

Application:

Application for a Conversion and Variation of a Premises Licence for Bar Bluu, Lower St James Street, Newport, 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	10:00 hours – 05:00 hours
(f)	Recorded music	10:00 hours – 05:00 hours
(g)	Performances of Dance	10:00 hours – 05:00 hours
(h)	Anything similar to (e) (f) (g) above	10:00 hours – 05:00 hours
	Provision of Entertainment Facilities
(i)	making music	10:00 hours – 05:00 hours
(j)	dancing	10:00 hours – 05:00 hours
(k)	entertainment similar to (i) & (j) above	10:00 hours – 05:00 hours
	Late Night Refreshment	23:00 hours – 05:00 hours
	Supply of Alcohol	10:00 hours – 05:00 hours
	Other Times Premises Proposed To Be Open To The Public	10:00 hours – 05:30 hours

Public Participants:

Mr Andrew Woodward (Applicant)

Mr Brian Oxford (Applicants Representative)

Inspector Phil Taylor (Police)

PC Underwood (Police)

Rachel Brown (Police Analyst)

Miss Watson (Objector)

Additional Representations:

Late representations had been received from the Police.

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.

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.

In discussions with the Police, the applicant amended their application so that all licensable activity ceased at 04:00 hours, the Police subsequently withdrew their representations.

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 Bar Bluu, Lower St James Street, Newport, 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:

1. All licensable activity shall cease at 04:00 hours.

CHAIRMAN

MINUTES OF MEETING TWO OF THE LICENSING SUB COMMITTEE HELD IN THE MARRIAGE ROOM, COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 26 SEPTEMBER 2005 COMMENCING AT 9.30 AM

Present :

Councillors David Whittaker, Lady Pigot, Susan Scoccia

Also Present (Non Voting) :

Cllr Win McRobert

67. ELECTION OF CHAIRMAN

RESOLVED :

THAT Cllr David Whittaker be elected Chairman for the day.

68. DECLARATIONS OF INTEREST

Cllr Scoccia declared a personal interest in Minute 70a as the objector was known to her.

69. URGENT BUSINESS

There were no urgent items of business for consideration.

70. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Papers A – B, 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

70a

Application:

Application for conversion and variation of premises licence – Bembridge Coast Hotel, Bembridge, Isle of Wight

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	Monday to Sunday 10:00 hours until 06:00 hours
(b)	Films	Monday to Sunday 10:00 hours until 06:00 hours
(c)	Indoor Sporting Events	Monday to Sunday 10:00 hours until 02:00 hours
(d)	Boxing or Wrestling	Not Applicable
(e)	Live Music	Monday to Sunday 10:00 hours until 06:00 hours
(f)	Recorded music	Not Applicable
(g)	Performances of Dance	Monday to Sunday 10:00 hours until 06:00 hours
(h)	Anything similar to (e) (f) (g) above	Not Applicable
	Provision of Entertainment Facilities
(i)	making music	Monday to Sunday 10:00 hours until 06:00 hours
(j)	dancing	Monday to Sunday 10:00 hours until 06:00 hours
(k)	entertainment similar to (i) & (j) above	Not Applicable
	Late Night Refreshment	Monday to Sunday 10:00 hours until 02:00 hours
	Supply of Alcohol	Monday to Sunday 10:00 hours until 02:00 hours
	Hours Open To The Public	Monday to Sunday 10:00 hours until 02:30 hours
	Non Standard Timings	An additional hour to the standard and non standard times on the day when British Summertime commences

Public Participants:

Mr J Smith (Applicants Representative)

Mr M Flinton (Applicant),

Additional Representations:

None.

Comments :

The objector did not attend, but their comments were noted by the Sub Committee. A late representation had been received from the local Member, although the Sub Committee was advised that it was submitted after the deadline. However, copies of the late representation were circulated to the Sub Committeel for information prior to consideration of the application.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Public Nuisance, in particular, in accordance with the Isle of Wight Council’s Statement of Licensing Policy and s182 of the Licensing Act 2004.

The applicant had taken measures to control noise outbreak in the operating schedule. Outside dancing and music would be limited to the Tilbury Patio area, which was on the sea-side of the site, away from hotel guests and 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 the Bembridge Coast Hotel be approved, in accordance with the application, subject to those conditions proposed by the applicant within the operating schedule and to the mandatory conditions specified in s19 of the Licensing Act 2003.

In reaching the above decision the sub committee have 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 consider this decision is proportionate and necessary for the promotion of the 4 licensing objectives under the Licensing Act 2003.

Conditions:

None.

Decision Ref

70b

Application:

Application for conversion and variation of premises licence – the Landguard Holiday Park

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	All days 18:00 hours to midnight (for the performance of plays as and when appropriate)
(b)	Films	All days 24 hours (for the showing of films as and when appropriate)
(c)	Indoor Sporting Events	All days 24 hours (for darts and pool, horse racing shown on film and similar)
(d)	Boxing or Wrestling	N/A
(e)	Live Music	All days 11:00 hours to midnight (usually and band or duo for residents and private functions only)
(f)	Recorded music	All days 08:00 hours to midnight (background music during the day and DJ in the evenings)
(g)	Performances of Dance	All days 18:00 hours to midnight (for residents and private functions only)
(h)	Anything similar to (e) (f) (g) above	All days 24 hours (play casino and bingo for residents only)
	Provision of Entertainment Facilities
(i)	making music	N/A
(j)	dancing	All days 11:00 hours to midnight (provided by band, duo or DJ)
(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment	All days 23:00 hours to midnight (hot food and hot drinks)
	Supply of Alcohol	All days 24 hours for residents only. (Where private functions are held for non-residents, the supply of alcohol will terminate no later than midnight). Private functions tend to be from around 19:30 hours to midnight.
	Other Times Premises Proposed To Be Open To The Public	Premises are not open to members of the public other than private functions, e.g. wedding receptions, Christening parties, anniversaries and similar functions.
	Conditions to be removed	None

Public Participants:

Mr Chainey (Applicants Representative),

Mr K Bell (Site Supervisor for Applicant),

Mr Margerson.

Additional Representations:

None.

Comments :

The premises were not open to the general public, since it was a holiday site, although the current licence enabled private functions to be held on site. All private functions would be ticket only, issued by site management. All private functions would stop at midnight. The variation requested concerned the showing of films and indoor sporting events. Security was already in place for the residential site and there were security checks on the door of the licensed premises to ensure that members of the general public did not gain access.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the, 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 the Landguard Holiday Park, Shanklin, be approved, in accordance with the application, subject to those conditions proposed by the applicant within the operating schedule, and the mandatory conditions specified in s19 of the Licensing Act.

Conditions:

None.

CHAIRMAN