Licensing Panel Minutes - 1 November 2002

MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 1 NOVEMBER 2002 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams, Mr J Effemey, Mrs M J Lloyd, Mr A J Mundy, Mr R C Richards

Apologies :

Mrs M A Jarman, Mrs J White

Also Present (Non-Voting) :

Mr A C Bartlett, Mr M J Cunningham, Mr J F Howe, Mr C H Lillywhite, Mr R A Sutton

25. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 25 October 2002 be confirmed.

26. DECLARATIONS OF INTEREST

There were no declarations of interest at this stage.

27. URGENT BUSINESS

The Chairman agreed to consideration of the Application for the renewal and variation of the Street Trading Consent for Newport Market which had been adjourned from the meeting of the Licensing Panel held on 25 October 2002.

RESOLVED :

THAT the item be considered after the scheduled business for the days meeting.

28. REPORTS OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND THE COUNTY TREASURER

(a) Application for the Renewal of the Public Entertainment Licence for West Wight Sports Centre, Moa Place, Freshwater

The Strategic Director of Finance and Information reported that the applicant had submitted a substantial amount of paper work, immediately prior to the start of the meeting, and requested for an adjournment of 5 minutes to allow for legal advice on the submissions to be obtained.

Upon reconvening and following confirmation from the applicant that she was content for the documents to be in the public domain the additional written representations and further documents were circulated to the Panel. To enable the Panel time to read the additional papers there was a further adjournment of 25 minutes.

Upon reconvening the Strategic Director of Finance and Information reported that an application had been received for the renewal of the Public Entertainment Licence for West Wight Sports Centre, Moa Place, Freshwater. Two letters of objection had been received. Freshwater and Totland Conservatives had also written in support of the application and other correspondence expressing support had been received from users of the Sports Centre.

The Panel heard comments from the Environmental Protection Section. It was noted that work had been undertaken to limit the level of noise nuisance to neighbouring residential properties. A sound limiter had been installed in the Mountbatten Suite and it had been agreed that ventilation of all public entertainment events should be provided by way of suitable and sufficient mechanical means and not by the external doors or windows being kept open. Following further work regarding the internal design of the sound system and the acoustic treatment of the ventilation opening to the South West corner of the sports hall the level of disamenity could be controlled.

The two objectors were present and outlined the reasons for their objections. They believed that the Mountbatten Suite required additional soundproofing and also highlighted the need for the use a sound limiter and of the importance of ensuring that all exit and fire escape doors were monitored during events to prevent any unauthorised access to the building. In addition, the level of provision of toilet facilities for larger scale events was queried.

The applicant was present and outlined her case. Two members of the West Wight Sports Centre Trust, the Local Member and the Chairman of the Freshwater and Totland Conservative Association spoke in support of the application.

The Panel adjourned to private session. Upon reconvening in public, the applicant was advised that the Panel, having listened carefully to all the evidence, including that of the objectors, and having read all the papers supplied felt that the conditions imposed would provide sufficient protection from noise nuisance to other premises in the locality. Officers from the Consumer Protection Department would continue monitoring and submit reports to the Senior Licensing Officer.

RESOLVED :

THAT the renewal of the Public Entertainment Licence be granted for the West Wight Sports Centre, Moa Place, Freshwater for the following times :

Monday, Wednesday, Friday and Saturday : 0700 hours - 2300 hours

Tuesday and Thursday : 0900 hours - 2300 hours

Sunday : 0800 hours - 2300 hours

subject to the Council’s standard terms and conditions

(i) The Electronic noise limiter in the Mountbatten Suite must be used when Public Entertainment events were taking place in that room in line with the recommendation of the Environmental Health Officer;

(ii) All doors and windows to be kept shut when the premises are being used for Public Entertainments;

(iii) The Senior Licensing Officer conduct a review at intervals of three, six and nine months from the date of issue of the licence and to refer the matter back to the Panel if he concludes that it is necessary.

(b) To Consider an Application to Keep an Animal Boarding Establishment at Cook’s Castle Farm, St Johns Road, Wroxall

The Strategic Director reminded the Panel that this item had been deferred from the meeting of 20 September 2002 pending a site visit. This had subsequently been carried out on 15 October 2002.

The application, submitted by Ms Perrott, was to keep an Animal Boarding Establishment at Cook’s Castle Farm, St Johns Road, Wroxall. One letter in support of the application had been received. It was stressed that the issue for consideration was with regard to the construction of the premises, which currently did not meet the Council’s licence conditions and Building Control Regulations and was in no way a criticism of the welfare of the animals concerned. The Strategic Director referred to a letter dated 19 April 2002 sent to Ms Perrott, from the Senior Licensing Officer, regarding an unfavourable verbal report from the Veterinary Inspector and an inspection by the Senior Licensing Officer and Licensing Enforcement Officer and the response received from Ms Perrott which had been presented to the Panel, at the site visit.

The applicant indicated her willingness to comply with all the licence conditions as set out in the letter from the Senior Licensing Officer.

The Panel adjourned to private session. Upon reconvening it was indicated the Panel had read all the papers submitted and listened to the representations by all parties concerned. The Panel felt that the conditions on the licence would adequately protect the safety of the animals and members of the public.

RESOLVED :

THAT the application to keep an Animal Boarding Establishment at Cook’s Castle Farm, St Johns Road, Wroxall be granted subject to all of the points raised by the Senior Licensing Officer, in his letter of the 19 April 2002, being complied with in full, within a time period of 6 months.

The Strategic Director of Finance and Information reported on the application from Messrs White, of Amar, which sought an exemption from displaying the Council’s normal identity plate for two vehicles, both Mercedes, registration numbers Y538 UVV and W426 MBD, whilst the vehicles were being used for private hire, which had been deferred from the meeting held on 20 September 2002.

The Panel were reminded of the policy on this matter and that any exemptions and the requirement to display the smaller executive plate should be considered on individual merit. It was also highlighted that under Section 48 (6)(a) of the Local Government (Miscellaneous Provisions) Act 1976 Part 11 the Council’s identity plate should be exhibited on the vehicle in such a manner as the local authority may prescribe by conditions attached to the license. The current standard conditions were reported. Failure to comply with the standard conditions was an offence under Section 6b of the Local Government (Miscellaneous Provisions) Act 1976 unless an exemption had been granted under Section 75 (3) of the said Act.

The Panel adjourned to private session, where upon the applicants provided an outline of the reasons for seeking the exemptions and clarified a number of issues raised. The applicants also referred to previous decisions of the Licensing Panel, to the current practice of Crawley Borough Council and to correspondence they had received from Portsmouth City Council with regard to the displaying of executive private hire plates and to the issue of a licence disc which could be placed in the front windscreen.

The Panel adjourned to private session and upon reconvening in public it was indicated that it was acceptable for the executive-style plate to be displayed in the case of both vehicles, both Mercedes. The applicant had also demonstrated that there was a need for a partial exemption from displaying the smaller executive-style plate, in the prescribed manner, whilst conducting work for VIPs. The Panel also felt strongly that the exemption should relate to genuine VIPs only and if either of the vehicles be viewed undertaking normal private hire work without displaying the executive style plate, in the prescribed manner, then the matter be referred immediately back to the Licensing Panel. The applicant could also be prosecuted for breach of licensing conditions.

RESOLVED :

(i) THAT an exemption be granted to Messrs White, of Amar, under Section 75 (3) of the Local Government (miscellaneous Provisions) Act 1976 Part 11, from displaying the Council’s identity plate, at all times whilst the two Mercedes, registration number Y538 UVV and registration number W426 MBD, are licensed as private hire vehicles, but requiring the executive style plate to be fixed and displayed outside from the centre to the offside of the rear of the vehicles and either on the bumper or immediately above, in such a position as the vehicles’ registration mark is not obscured, with particulars thereon facing outwards and in such a manner that the licence plates are clearly visible in daylight from the road at the rear of the vehicles;

(ii) THAT a partial exemption for Mercedes, registration number Y538 UVV and Mercedes, registration number W426 MBD, from displaying the Council’s smaller executive-style plate in the prescribed manner be granted to Messrs White and White, of Amar, when driving VIPs on social functions or executive business, in these cars only.

(d) Urgent Business - Application for the Renewal and Variation of the Street Trading Consent for Newport Market

The Strategic Director referred to the application for the renewal and variation of the Street Trading Consent for Newport Market. The item had been presented to the Panel on 25 October 2002 but as the closing date for objections from the general public had not then expired, the Panel were of the opinion that the item should be adjourned.

The Strategic Director reported that no objections had been received. The Local Councillor would support a market only in the two Squares which allowed the High Street to be re-opened to traffic. The letter from the Local Councillor for the adjoining electoral division were noted together with the comments of the Police who attended the meeting.

The applicant referred to a recent survey of shops in the location of the market and the significant change in opinion following the proposal to contain the market within St James’ Square and St Thomas’ Square, Newport and to not seek renewal of the existing arrangements. The variation had also received support from the Newport Forum.

The Panel adjourned to private session. Upon reconvening in public it was indicated that Members had listened to representations and had read all the papers circulated. It was felt that the local area would benefit the market and local residents would not be unduly troubled by negative factors like noise, smell or litter as the market was adequately supervised by the superintendent and would continue to receive enforcement visits from officers of the Licensing Section. It was also noted that there had been no objections received from members of the public and that the police fully supported the proposal.

RESOLVED :

THAT the application be granted for the renewal and variation of the Street Trading Consent for the Newport Market to take place at St James’ Square and St Thomas’ Square, Newport. The Consent, to be subject to a three monthly review in the light of comments received, to run from the 12 November 2002 until and including 4 November 2003 for the following hours:

Set up 0700 hours to start trading at 0800 hours - 1430 hours, to be cleared by 1600 hours.

CHAIRMAN