Licensing Sub Committee Minutes

75. ELECTION OF CHAIRMAN

RESOLVED :

THAT Cllr Mike Cunningham be elected Chairman for the day.

76. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

77. URGENT BUSINESS

There were no urgent items of business for consideration.

78. 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.

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

78a

Application:

Application for Conversion and variation of Premises Licence for the Bay House Hotel, Chine Avenue, Shanklin.

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	10:00 hours to 02:00 hours all days (recorded music daily in the bar and live amplified music on special function nights)
	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	10:00 hours to 02:00 hours all days (off-sales 10:00 hours to 23:00 hours)
	Hours Premises Proposed To Be Open To The Public	10:00 hours to 02:00 hours all days
	Conditions to be removed	N/A

Public Participants:

Mr Wiggins (Solicitor to applicant)

Mr David Hughes (Joint Licensee)

Mrs Smith (Interested Party)

Additional Representations:

None.

Comments :

The committee allowed several letters of support and objections to be considered due to a typographical error on the applicants notice attached to the premises that gave an extended time frame for interested parties to comment.

Reasons for Decision:

Members agreed that the licensing objectives were adequately promoted by the measures recorded in the operating schedule as drafted and no additional measures or restrictions were necessary.

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 Bay House Hotel 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.

Decision Ref

78b

Application:

Application for Conversion and Variation of Premises Licence for the Hambrough Hotel, Hambrough Road, Ventnor.

Details:

	Provision of Regulated Entertainment	Hours of Licensable Activities
(a)	Plays	N/A
(b)	Films	24 hours - all days (video entertainment on tv screens and amusement machines)
(c)	Indoor Sporting Events	N/A
(d)	Boxing or Wrestling	N/A
(e)	Live Music	12 noon to midnight New Year’s Eve/Day to 03:00 hours (live acoustic and amplified music and voice)
(f)	Recorded music	08:00 hours to 02:00 hours all days New Year’s Eve/Day to 03:00 hours (recorded music, including jukebox and karaoke, with or without a DJ, during hours open to public)
(g)	Performances of Dance	N/A
(h)	Anything similar to (e) (f) (g) above	12 noon to midnight all days (comperes for quiz and similar events, comedians etc using voice amplification)
	Provision of Entertainment Facilities
(i)	making music	12 noon to midnight (where equipment supplied by third party)
(j)	dancing	N/A
(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment	23:00 hours to 02:00 hours all days New Year’s Eve/Day to 05:00 hours (provision of hot drinks and food to members of the public)
	Supply of Alcohol	08:00 hours to 01:00 hours all days (for residents 24 hours) New Year’s Eve/Day – in line with current New Year deregulation hours
	Hours Premises Proposed To Be Open To The Public	08:00 hours to 02:00 hours all days New Year’s Eve until midnight as currently permitted.
	Conditions to be removed	All embedded restrictions under the Licensing Act 1964, the Cinematograph (Safety) Regulations 1955 and the Children & Young Persons Act 1969.

Public Participants:

Mr Stephen Thomas (Applicant’s Solicitor)

Mr Sussmilch (Applicant)

Mrs O’Rourke (Interested Party)

Additional Representations:

None.

Comments :

Prior to the meeting the applicant agreed with the Environmental Health Officer to cease regulated entertainment at 23:00 hours each day and to cease public entertainment at 23:00 hours. As a result the Environmental Health Department withdrew their recommendations.

Reasons for Decision:

To ensure that the outbreak of noise from the premises after 23:00 hours does not affect nearby premises.

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 Hambrough Hotel 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:

All live recorded music other than incidental music to cease at 23:00 hours.

CHAIRMAN