MINUTES OF A MEETING OF THE LICENSING COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 10 AUGUST 2001 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams (for Minute 5 (f)), Mr J A Bowker (except for Minute 5 (f)), Mr J Effemey (except for Minute 5 (f)), Mrs M A Jarman (deputising for Mrs D Gardiner), Mrs M J Lloyd, Mr A J Mundy, Mrs J White (except for Minute 5 (f))

Apologies :

Mrs D Gardiner

Also Present (non voting) :

Mr J H Fleming, Mr D J Knowles, Mr H Rees, Mrs S A Smart, Mr R A Sutton, Mr D G Williams

RESOLVED :

THAT the minutes of the meeting held on 6 July 2001 be confirmed.

4. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr J Effemey declared a non pecuniary interest in Minute 5 (f)

5. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) Council and Police Annual Licensing Report

Members received the joint report of the Police and Licensing Section which had been produced in accordance with the Protocol of Enforcement. Members were informed of enforcement action that had been taken and set out how effective the protocol was proving to be.

RESOLVED :

THAT the report be noted.

(b) Application for Renewal and Variation of the Public Entertainment Licence for O'Keeffe's Nightclub, Clarendon Hotel, 20 North Road, Shanklin

Mr B Oxford who was acting on behalf of Mr O'Keeffe advised the Committee that he wished to amend the hours applied for on Sundays to 12 noon - 12 midnight. This would be the same as the existing hours.

The Director reported on the application for the renewal and variation of the Public Entertainment Licence for O'Keeffe's Nightclub, Clarendon Hotel, 20 North Road, Shanklin. Thirteen letters of objection had been received to the application. There had been no objection from the Police or the Council's Environmental Protection Section, although it was recommended that the attachment of a condition for a noise limiter be imposed.

One objector representing the majority of the residents in the area was present and he outlined the basis of their concerns particularly in relation to noise nuisance from people outside the premises

The Local Councillor for the area, Mr H Rees then outlined his objections to the renewal. He also stated that he was disappointed that the Police were not in attendance at the meeting.

The applicant and his representative outlined their case and clarified a number of issues raised by the Committee.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing the submissions from all parties, noted that there were no objections from the Police or Environmental Protection Section. It had not been fully established that the incidents complained of by the objectors related directly to the applicants premises. There was no sustainable reason for refusal of the application. It was therefore :

RESOLVED :

(i) THAT the renewal of the Public Entertainment Licence in respect of O'Keeffe's Nightclub, Clarendon Hotel, 20 North Road, Shanklin for :

Monday - Saturday : 1030 hours - 0200 hours the following morning

Sunday : 1200 hours - 2400 hours

subject to an electronic sound limiter being installed to the satisfaction of the Council and inspected at six monthly intervals with a report being sent to the Council.

(ii) THAT no person be admitted, re-admitted after 0100 hours.

(c) Application for the Grant of a Hackney Carriage Vehicle Licence

The Director reported on an application for the grant of a new Hackney Carriage Vehicle Licence from Mr R P Coombes, 34 Mayfield Drive, Newport, Isle of Wight, for a vehicle in the former Borough of Newport.

The applicant circulated to members a survey that he had undertaken. The applicant indicated that there had been a change in circumstances in the Newport area as more venues were now open later leading to an increased demand for taxis. The applicant believed that the previous survey, undertaken in 1997/98, was now outdated.

Mr R Clegg spoke in support of the application.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing the evidence presented, taken into account the fact that the survey for the area was now outdated, coupled with the additional facilities available in Newport, it was :

RESOLVED :

THAT a Hackney Carriage Vehicle Licence for the period 10 August 2001 to 31 July 2002 be granted to Mr Roger Percy Coombes of 34 Mayfield Drive, Newport, Isle of Wight, for a vehicle in the former Borough of Newport.

(d) To Consider what action to take against Mr F Allen for Breach of Hackney Carriage Vehicle Licence Condition

The Director informed members that he had received a letter from Mr Allen indicating that he was unable to attend the meeting and asked for the case to be deferred to the meeting due to be held on 7 September 2001. This was supported by the Director as he wished to make further enquiries as to the content of the letter.

RESOLVED :

THAT the item be deferred to the meeting due to be held on 7 September 2001.

(e) Grant of a Hackney Carriage Vehicle Licence

The Director reported on an application for the grant of a Hackney Carriage Vehicle Licence from Mr R B L Clegg of Cleggs Castle, Monks Lane, Freshwater, Isle of Wight, for a vehicle in the former Borough of South Wight.

The applicant indicated that there had been a change of circumstances in the West Wight area. He believed that the previous complete survey, undertaken in 1988, was now outdated. There were currently twelve plates in the West Wight as opposed to twenty two in 1997.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing the evidence presented and taken into account the fact that the survey for the area was now outdated, it was :

RESOLVED :

THAT a Hackney Carriage Vehicle Licence for the period 10 August 2001 to 31 July 2002 be granted to Mr Robert Benjamin Law Clegg of Cleggs Castle, Monks Lane, Freshwater, Isle of Wight, for a vehicle in the former Borough of South Wight.

(f) Appeal against a Hackney Carriage and Private Hire Vehicle Licence Conditions which prevent the Licensing of a Mercedes Vito for up to seven passengers

(Mr J Effemey declared a non pecuniary interest in this item and left the room)

The Committee adjourned to see the type of vehicle involved in the application.

Upon reconvening the Director reported on the background to his decision to refuse to grant Mr J H T and Mrs J V Gange of 77 Place Road, Cowes, Isle of Wight a Hackney Carriage/Private Hire Vehicle Licence for a Mercedes Vito for up to seven passengers, for the former Borough of Newport. This was as the result of the vehicle not complying with the Council's Licence conditions. It was noted that such a make of vehicle was licensed by other nearby Authorities.

The applicants outlined the reasons behind the application.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing submissions from all parties, noted that the vehicle had obtained a Certificate of Conformity and considered that there was a need for a vehicle of this design.

RESOLVED :

(i) THAT a Hackney Carriage Vehicle Licence be granted by varying the licence conditions for this vehicle only, subject to the vehicle passing the Council's Certificate of Compliance Test and carrying no more than seven passengers, in the former Borough of Newport.

(ii) THAT the licence commence on the production of a Certificate of Compliance Test.

CHAIRMAN