minutes

82. MINUTES

RESOLVED :

THAT the minutes of the meetings held on 12, 15, 16, 19(1), 19(2), 22(1), 22(2), 23, 26(1), 26(2), 29 September 2005, 3 and 6 October 2005 be confirmed.

83. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

84. URGENT BUSINESS

There were no urgent items of business for consideration.

85. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Update of applications received under the Licensing Act 2003

Members were advised, for information, of details of the number of applications received up to 23 November 2005, under the Licensing Act 2003. Of the 780 applications received, a total of 745 licenses had been issued (95%), 26 applications had not been issued but were still within the consultation period and 9 applications had been refused. The Chairman, on behalf of the Sub Committee congratulated the whole of the Licensing Section for their hard work in administering 100% of all applications received. Thanks were also expressed to the Council’s Legal Services and Committee Services.

RESOLVED :

THAT the report be noted.

ii. Application for a Premises Licence for the Top Deck, Forresters Hall, Yarmouth, Isle of Wight

Consideration was given to Paper B, the report of the Head of Consumer Protection, providing details of an application for a Premises Licence, in accordance with Section 16(1)(a) of the Licensing Act 2003.

A schedule of additional representations, received after the printing of the report, had been circulated to Members and all Interested Parties. Further letters had since been received and these were submitted to Members at the meeting prior to the consideration of the 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 the application, the Sub Committee presented the following decisions and the reasons for that decision.

ii. RESOLVED:

iii.

iv. THAT upon receiving the report 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 application be determined as detailed below:

Decision Ref

Application:

Application for a Premises Licence for the Top Deck, Forresters Hall, Yarmouth

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	Monday-Sunday 1000-0100
(f)	Recorded music	Monday-Sunday 1000-0100
(g)	Performances of Dance	Monday-Sunday 1000-0100
(h)	Anything similar to (e) (f) (g) above	Monday-Sunday 1000-0100

	Provision of Entertainment Facilities

(i)	making music	Monday-Sunday 1000-0100
(j)	dancing	Monday-Sunday 1000-0100
(k)	entertainment similar to (i) & (j) above	Monday-Sunday 1000-0100

	Late Night Refreshment	Monday-Sunday 2300-0100

	Supply of Alcohol	Monday-Sunday 1000-0100

	Other Times Premises Proposed To Be Open To The Public	Monday-Sunday 0800-0130

Public Participants:

Mr B Oxford (applicant’s representative)

Mr R Latter

Mrs S Mence (objector)

Mr C Anderson (objector)

Mr Suckling (objector)

Mr M Mence (objector)

Mr P Green (supporter)

Mr C Clements (supporter)

Additional Representations:

Late additional material submitted by Mr Oxford (applicant’s representative) in his letter of 22 November 2005, included 8 letters of support and a petition against restricted hours, had been circulated prior to the meeting.

3 additional letters of objection and 1 letter of support were tabled at the meeting.

Comments :

The applicant had agreed to implement the four conditions set out on page B10 of the report.

Reasons for Decision:

The reasons were provided in the report to promote the Licensing objective regarding the prevention of Crime and Disorder and 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 Premises Licence for a Premises Licence for the Top Deck, Forresters Hall, Yarmouth be approved, in accordance with the application, subject (only) 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:

1. That the following conditions recommended by the Environmental Health Department be attached to the licence:

i No regulated entertainment after 2300 hours shall be permitted unless an electronic sound limiting device is installed.

ii No regulated entertainment shall take place inside the premises after 2300 hours until all external doors and windows are fully closed.

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

iv 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 (where provided) along with the action taken by the responsible person to deal with the complaint including the time of the actions completion.

2. That no licensable activity shall be permitted by this licence after 23.00 until details of sound insulation have been submitted to and approved in writing by the Local Licensing Authority;

3. That further to Condition 2 above, such approved works shall be carried out in accordance with the approved plans within 2 months of the date of the written approval of Condition 2, unless written permission from the Local Licensing Authority is received. If the agreement of the Local Licensing Authority is not obtained and the works are not carried out, in accordance with Condition 2 above, then all licensing activity shall cease by 23.00;

4. That no new customers shall be permitted entry or admitted to the premises after 23.00;

5. That Signage be agreed in writing with the Local Licensing Authority in relation to Condition 4 above.

vi. CHAIRMAN