Licensing Sub Committee - Minutes 6 July 2006

5. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 26 June 2006 be confirmed.

6. DECLARATIONS OF INTEREST

Cllrs William Burt, Mike Cunningham and Muriel Miller declared a personal interest in Minute 7 as they were all members of the Council’s Development Control Sub Committee.

7. REPORT OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper B the report of the Head of Consumer Protection, providing details of an application for a Premises Licence, received in accordance with Section 34(1) 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 each relevant 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 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/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 applications be determined as detailed below:

Decision Ref	2 - (06/07)
Application:	Application for a variation of a Premises Licence in respect of Bar Bluu, 17 Lower St James Street, Newport, 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	24 hours each day
	(f)	Recorded music	24 hours each day
	(g)	Performances of Dance	24 hours each day
	(h)	Anything similar to (e) (f) (g) above	24 hours each day

	Provision of Entertainment Facilities

	(i)	making music	24 hours each day
	(j)	dancing	24 hours each day
	(k)	entertainment similar to (i) & (j) above	24 hours each day

	Late Night Refreshment		Monday – Sunday 23:00 hours – 05:00 hours

	Supply of Alcohol		24 hours each day

	Other Times Premises Proposed to be Open to the Public		24 hours each day

Interested Parties /Responsible Authorities	Sgt Mudge (Responsible Authority)
Public Participants:	Mr Brian Oxford (Applicants representative) Mr Andrew Woodward (Designated Premises Supervisor)
Additional Representations:	During the debate Sgt Mudge produced additional information, whereupon the Committee adjourned to enable them to read it.
Comments :	Members were advised that there was one minor amendment to the report, page B -7, paragraph 2 should read Licensing Sub Committee not Liquor Licensing Panel.
Reasons for Decision:	The reasons were provided in the report to promote the Licensing objective regarding the Prevention of Crime and Disorder, Public Safety, the Prevention of Public Nuisance and the Protection of Children from Harm, 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 Bar Bluu, Lower St James Street, Newport be approved, in accordance with the application, subject 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:	No licensable activity shall be permitted unless a CCTV system has been installed and is operating to the written satisfaction of the Local Licensing Authority, such CCTV shall be maintained. Copies of the recorded images and/or tapes shall be immediately available to the police and licensing authority with 24 hours notice. Recordings shall be kept for a minimum of 30 days. The reason for the addition of the condition was for the promotion of the prevention of crime and disorder. The condition was agreed by the applicant during the meeting as necessary and in light of the fact that the system was already installed and operating was thought proportional to ensuring that it was operated to effectively promote this licensing objective.

CHAIRMAN

PAPER A