Licensing Sub Committee Minutes 6 October 2005

79. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

80. URGENT BUSINESS

There were no urgent items of business for consideration.

81. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper A, the report of the Head of Consumer Protection, providing details of an Application 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 the application.

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

Application:

Application for a Conversion of a Club Premises Certificate for the Royal London Yacht Club, The Parade, Cowes, 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	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(f)	Recorded music	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(g)	Performances of Dance	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(h)	Anything similar to (e) (f) (g) above	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
	Provision of Entertainment Facilities
		Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(i)	making music	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(j)	dancing	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours
(k)	entertainment similar to (i) & (j) above	Sunday – Thursday 10:00 – 22:30 hours Friday 10:00 – 24:00 hours Saturday 10:00 – 01:00 hours Cowes Week 10:00 – 01:30 hours Bank Holiday Weekend Sunday 10:00 – 00:30 hours New Years Eve – 10:00 – 01:30 hours Formal Christmas Dinner 10:00 – 00:30 hours Laying Up Dinner 10:00 – 00:30 hours Fitting Out Dinner 10:00 – 00:30 hours AGM & Adelaide Dinner 10:00 – 00:30 hours Valentines Party 10:00 – 00:30 hours Cowes Week Ball 10:00 – 02:00 hours Powerboat Weekend 10:00 – 00:30 hours

	Late Night Refreshment	N/A

	Supply of Alcohol	Sunday – Thursday 10:00 – 23:00 hours Friday 10:00 – 01:00 hours Saturday 10:00 – 02:00 hours Cowes Week 10:00 – 02:00 hours Bank Holiday Weekend Sundays 10:00 – 01:00 hours New Years Eve 10:00 – 02:00 hours Formal Christmas Dinner 10:00 – 01:00 hours Laying Up Dinner 10:00 – 01:00 hours Fitting Out Dinner 10:00 – 01:00 hours AGM & Adelaide Dinner 10:00 – 01:00 hours Valentines Party 10:00 – 01:00 hours Cowes Week Ball 10:00 – 02:30 hours Powerboat Weekend 10:00 – 01:00 hours

	Other Times Premises Proposed To Be Open To The Public	N/A

Public Participants:

Mr Collis (Club Secretary)

Mr Colin Clark (Applicant’s Solicitor)

Dr Hugh Maclean and Miss Penny Ross (Objectors)

Additional Representations:

Mr Gareth Davies (Principal Environmental Health Practitioner)

Comments :

The applicant proposed during the hearing that no regulated entertainment would take place outside of the premises (including the marquee)

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 Application for a Conversion of a Club Premises Certificate for the Royal London Yacht Club, the Parade, 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 and subject to the following conditions listed below:

Conditions:

No regulated entertainment shall be permitted by this licence outside the premises (including the marquee).

No regulated entertainment hereby permitted by this licence shall take place inside the premises after 23:00 hours until all windows and doors in the bar store and locker room are closed.

No bottles or glass be deposited outside the premises between 23:00 hours and 08:00 hours.

CHAIRMAN