MINUTES
OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY
HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 28 NOVEMBER 2005 COMMENCING AT 9.30 AM
Present :
Cllrs Mike Cunningham (Chairman), Heather Humby, Ian Stephens
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.
i.
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:
v.
Decision Ref |
85 |
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Application: |
Application for a
Premises Licence for the Top Deck, Forresters Hall, Yarmouth |
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Details: |
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Public Participants: |
Mr B Oxford
(applicant’s representative) Mr R LatterMrs S Mence (objector)Mr
C Anderson (objector) Mr
Suckling (objector) Mr
M Mence (objector) Mr P Green (supporter) Mr
C Clements (supporter) |
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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. |
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Comments : |
The applicant had
agreed to implement the four conditions set out on page B10 of the report. |
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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. |
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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: |
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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