MINUTES
OF A MEETING OF THE LICENSING SUB COMMITTEE HELD IN COMMITTEE ROOM 1, COUNTY
HALL, NEWPORT, ISLE OF WIGHT, ON THURSDAY, 28 JULY 2005 COMMENCING AT 9.30 AM
Present :
Cllrs Mike Cunningham (Chairman), Ivan Bulwer and Barbara Foster
Also Present (Non Voting) :
Cllrs Charles Chapman and Arthur Taylor
9. MINUTES
RESOLVED :
THAT the minutes of the meeting held on 25 July 2005 be confirmed.
10. DECLARATIONS OF INTEREST
Cllrs Mike Cunningham, Ivan Bulwer and Barbara Foster all declared a personal interest in Minute No 12, Decision Reference 12b, as Miss H Humby, an objector, was a member of the Isle of Wight Council.
11. URGENT BUSINESS
There were no urgent items of business for consideration.
12.
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.
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, of the Licensing Act
2003 (Hearings) Regulations 2005. Prior
to adjourning to private session each applicant and their representative agreed
that for training purposes only, Cllrs Charles Chapman and Arthur Taylor could
remain present for the items of business set out in Minute 12, Decision
Reference 12a and 12b. It was confirmed
that they would take no part in the discussion or the decision thereon.
For each application in turn, 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
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:
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Decision Ref |
12a |
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Application: |
Application for a
Conversion and Variation of a Premises Licence for the Driftwood Beach Bar ‘N
Grill, Culver Parade, Sandown, Isle of Wight |
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Details: |
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Public Participants: |
Mr S D Ware (applicant) Mr B Oxford
(applicants’ representative) Environmental Health
Department |
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Additional Representations: |
None |
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Comments : |
Following
information provided with regard to the number of late night extensions
granted by the Magistrates court up to the hours requested and in the light
of no noise complaints having been registered, the representations of the
Environmental Health Department were withdrawn. |
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Reasons for Decision: |
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 Variation and Conversion of a Premises Licence for the Driftwood Beach
Bar ‘N Grill, Culver Parade, Sandown, Isle of Wight 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. |
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Decision Ref |
12b |
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Application: |
Application for a
Conversation and Variation of a Premises Licence for Flanagans, 7 Pier
Street, Sandown, Isle of Wight |
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Details: |
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Public Participants: |
Mr C Bontoft
(applicant) Mr P Linton
(applicants’ legal representative) Miss H Humby (objector) Environmental Health
Department |
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Additional Representations: |
None |
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Comments : |
The Committee
noted that as the applicant and the Environmental Health Department had
reached agreement with regard to Conditions 5 and 6, as set out on page 3 of
Appendix 3 of the report, they were therefore withdrawn by the Environmental
Health Department |
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Reasons for Decision: |
The reasons were
provided in the report to promote the Licensing objective regarding the
Prevention of Noise Nuisance and in particular, in accordance with paragraphs
3.11, 4.3, 4.5, 8.12, 8.17 and 8.19 of the Isle of Wight Council’s Statement
of Licensing Policy 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 Variation and Conversion of a Premises Licence for Flanagans, 7 Pier
Street, Sandown, 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: |
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Conditions: |
(i)
The Nuisance from Noise condition, as set
out on page 2 of
Appendix
3 of the report, 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 22.00 pm on all days; (ii)
The Ventilation Condition, as set out on
page 3 of Appendix 3 of the report; (iii)
The External Entertainments Condition, as set out on page 3 of
Appendix 3 of the report; (iv)
The Internal Communications Procedure, as set
out on page 3 of Appendix 3 of the report.
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CHAIRMAN