Licensing Committee Minutes

29. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 18 January 2005 be confirmed.

30. DECLARATIONS OF INTEREST

Mr R C Richards declared a personal interest in Minute 31(b), as one of the objectors was known to him.

Mr R G Mazillius declared a personal interest in Minute 31(b), as his wife was a personal friend of the wife of the applicant’s representative.

Mr J Effemey declared a personal interest in Minute 31(b), as the applicant’s representative lived in his ward.

31. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Application for the Grant of a Public Entertainment Licence for the Wight Rock Bar, Ryde

Members were referred to the report of the Head of Consumer Protection, which detailed the application received for the grant of a Public Entertainment Licence for The Wight Rock Bar, The Cellar, The Colonnade, Lind Street, Ryde.

Members noted the times requested by the applicant and that although the premises had been licensed for public entertainment in the past, it had not held a licence for several years. It was also noted that when the premises was previously licensed, under former licensees, it had been the source of a number of justified noise disturbance complaints caused as a direct result of the structure of the building.

The Hampshire Constabulary had confirmed that they had no objections and the comments of the IW Fire and Rescue Service and the Council’s Building Control Department were noted.

The Council’s Environmental Health Section had expressed strong concerns, in writing, due to the past history of the premises. The Environmental Services Manager was present and addressed the Committee. The standard of noise control required was outlined together with a recommendation that an acoustic report should be obtained and that all identified, necessary works to be satisfactorily completed prior to the grant of the application.

Following the advertising of the application no letters of objection had been received.

The applicant, Mr S Newnham was present and addressed the Committee by outlining the application and advising of the recent soundproofing measures he had undertaken to prevent disturbance to local residents by noise.

The local Member was present and confirmed that although he had not received any complaints from local residents, he had some concerns with regard to the potential for noise nuisance to neighbouring properties. If the issues were to be addressed he would be in support of the application.

Following further presentations and questions by both parties and questions by the Committee, it was moved and seconded that the public and press be excluded from the meeting.

The applicants, Mr & Mrs Newnham, agreed for Mr A A Taylor to remain present, for training purposes only, during the determination of the application. It was confirmed that Mr Taylor would take no part in the discussion or decision thereon.

RESOLVED :

THAT, under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for part of this item, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 12, of Part 1, of Schedule 12A of the Act.

Upon reconvening in public, it was indicated that the Committee had considered carefully the evidence submitted by the applicant and noted the representations made by all the parties present. They had noted the conditions recommended by Council officers and that there were no third party or police objections to the application. The Committee believed that their decision was reasonable, proportionate and in accordance with the Council’s legitimate aims, which included not allowing any unreasonable disturbance to occur.

RESOLVED :

THAT the grant of a Provisional Public Entertainment Licence be approved for The Wight Rock Bar, The Cellar, The Colonnade, Lind Street, Ryde be approved for:

Monday – Saturday: 1030 hours – 2300 hours

Sunday: 1200 hours – 2230 hours,

subject to the following conditions:

a. The Council’s standard terms and conditions;

b. Approval of works indicated by the Council’s Building Control Department;

c. An acoustic consultant’s report being obtained and any works to be carried out to the satisfaction of the Council’s Environmental Health Department;

d. All works being implemented, as stipulated by the Isle of Wight Fire and Rescue Service.

(b) Application for the Grant of a Certificate of Suitability for Sandown and Shanklin Rugby Football Club

Prior to consideration of the following item of business, Mr R C Richards, having previously declared a personal interest as he knew one of the objectors, advised that he had recently attended a function at the premises. Mr Richards withdrew from the Committee Room and took no part in the following debate or subsequent vote thereon.

The report of the Head of Consumer Protection was received which set out details of an application received for the grant of a Certificate of Suitability for Sandown and Shanklin Rugby Club, Station Approach, Sandown. The times requested were outlined and Members noted that should the application be successful the applicant would apply to the Magistrates’ Court for a Special Hours Certificate.

The Hampshire Constabulary and the Council’s Building Control section had confirmed that they had no objections to the application. The comments of the Council’s Environmental Health Section and the Isle of Wight Fire and Rescue Service were noted.

Following the advertising of the application two letters of objection (one letter on behalf of two residents) had been received.

The Head of Environmental Health was present and confirmed the number of concerns highlighted in the report relating to the potential for noise disturbance to occur to neighbouring residents.

The applicant, Mr A Bray, was present and represented by Mr B Oxford, a Licensing Consultant. Mr Oxford addressed the Committee by outlining the application and advising that the time requested for a Thursday, had now been amended to read 1000 hours – 2300 hours. It was also confirmed that arrangements had been made to obtain a duplicate Electrical Installation certificate, as required.

The local member was present and advised the Committee of the representations she had received. The objectors had no wish to effect the viability of the Club, but had expressed concerns with regard to the effect of potential noise disturbance.

Mr A Winter and Mrs H Nixon, objectors, addressed the Committee with their concerns.

Following further presentations and questions by both parties and questions by the Committee, the applicants’ representative, in view of the implications of the Licensing Act 2003, requested that the application be granted until the 2nd appointed day. It was then moved and seconded that the public and press be excluded from the meeting.

The applicant, Mr Bray and his representative, agreed for Mr A A Taylor to remain present, for training purposes only, during the determination of the application. It was confirmed that Mr Taylor would take no part in the discussion or decision thereon.

RESOLVED :

Upon reconvening in public, it was indicated that the Committee having considered the representations made by those present, the recommendations of the Council’s officers, the assurances given by the applicant and the representations made by the local member, the Committee believed their decision to be reasonable, proportionate and in accordance with the legitimate aims of the Council.

RESOLVED :

THAT the grant of a Certificate of Suitability be approved to the 2^nd appointed day, under the Licensing Act 2003, for the hours:

Monday – Thursday: 1000 hours – 2300 hours

Friday – Saturday: 1000 hours – 0100 hours the following morning

Sunday: 1200 hours – 2230 hours,

subject to the following conditions:

a. Self-closing doors to be fitted to the main external entrance/exit;

b. Completion of works stipulated by the Isle of Wight Fire and Rescue Service;

c. A person to be responsible for ensuring that:

only members and their guests be allowed entry to the premises;

on leaving the premises members and their guests depart in an orderly manner.

Such person to be located outside of the club premises between the hours of 2300 and 0130 the following morning on a Friday and Saturday night;

d. The Council’s standard terms and conditions;

e. The conditions in relation to the electronic sound limiter, ventilation and a restriction on where in the premise the entertainment be held, as detailed in paragraph 31 of the report.

The Environmental Health’s General Enforcement Policy Statement was approved in 2001. However, at that time the Licensing Section was not specifically included. The report of the Head of Consumer Protection was received, which sought to now clarify the position and set out the scheme of delegated authority to officers, with respect to licensing matters.

RESOLVED :

THAT, subject to a few minor amendments, the Environmental Health Licensing Enforcement Policy Statement be approved and adopted.

CHAIRMAN