PAPER A

14. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 26 July 2004 be confirmed, subject to the addition of Mrs J White to the list of those who had submitted their apologies.

15. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs J White declared a personal interest in Minute No 16a, as the applicant was known to her due to his business as a street trader.

Mr R G Mazillius declared a personal interest in Minute No 16b, as the applicant was known to him.

16. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Application for the Grant of a Street Trading Consent

The report of the Head of Consumer Protection was referred to, which set out details of an application received for the grant of a Street Trading Consent for a mobile trader. The application did not meet the criteria contained within the Council’s Policy, which defined a mobile trader as one who moved from street to street but traded for less than 60 minutes, at any one point and did not return to a similar position within 2 hours.

Members were informed of the amendment to the application, in that the request was for an annual licence to be granted. Members noted that the applicant had provided a valuable service over the past 13 years, making regular visits to a number of small villages on the Island, on the same day of each week. Formal consultation had taken place but no objections had been received. The application had also been advertised and again no objections received. The premises were registered with the Council’s Food Section under the Food Premises (Registration) Regulations 1991 and were subject to regular routine checks.

The applicant Mr A Phillips, who traded as The Jolly Fryer, was present and outlined his case.

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

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 7 of Part 1, of Schedule 12A of the Act.

Upon reconvening in public, it was indicated that the Panel had heard the evidence from the Licensing Officer and the applicant and had taken into account the fact that the applicant had been in business for 13 years, offered a valued service to the community and that no complaints had been received from residents, the Local Councillor, Environmental Health or from the Police. The Panel accepted that, in this case, their policy should be amended and were satisfied that in similar situations delegated authority could be given to the Licensing Officer. The decision was considered to be reasonable and proportionate and in accordance with the legitimate aims of the Council.

RESOLVED :

(i) THAT an annual Street Trading Consent be granted to Mr A Phillips, trading as The Jolly Fryer for the following places on the days and times as listed below:

PLACE	DAY	TIMES
Car Park rear of Youth Club, Niton	Wednesdays	1130 - 1415
Spanners Close, Chale Green	Wednesdays	1615 - 1845
Nettlestone Road, Nettlestone	Thursdays	1145 - 1345
School Crescent, Godshill	Thursdays	1630 - 1915
Car Park rear of Youth Club, Niton	Fridays	1630 - 1915
Car Park, St Helens Green	Saturdays	1145 - 1400
Nettlestone Road, Nettlestone	Saturdays	1645 -1900

(ii) THAT the Council’s Licensing Officer be granted delegated authority to amend Consent conditions if he considered it appropriate, after consultation with the Licensing Panel Chairman or Vice Chairman, and the relevant Ward Councillor.

(b) Application for the Renewal of a Public Entertainment Licence for the Crown Hotel, 10 St Thomas Square, Ryde

Prior to any consideration of the following item of business Mr R G Mazillius expressed a personal interest as, approximately 20 years ago, the applicant had been a friend of his.

Members received the report of the Head of Consumer Protection detailing the application for the renewal of a Public Entertainment Licence for the Crown Hotel, 10 St Thomas Square, Ryde.

A map was displayed depicting the location of the premises and that of the objector.

The Panel noted the number of intermittent complaints, over the past two years, regarding the level of music emanating from the premises and the work undertaken to prevent further noise nuisance. The Hampshire Constabulary submitted a letter expressing that they had no objection to the renewal of the licence but would wish to see the condition regarding the provision of CCTV being retained.

The application had been advertised in the County Press and one letter of objection had been received.

The Council’s Environmental Health Protection Section had submitted written comments regarding the repeated problems of noise nuisance. The Environmental Health Officer was present and addressed the Panel explaining the action taken in dealing with the matter. Members were informed of the undetected faults with the sound limiter, which had been rectified, since the writing of the report. Members noted that since that time no further complaints had been received.

The Hampshire Police were present and confirmed their view for the CCTV condition to be retained.

The applicant, Mr B Fisher-Lathwell and his representative, Mr B Oxford were present and addressed the Panel, advising of an amendment to the application, in that the hours requested were now for Monday to Saturday from 10.30 am to 23.00 pm and on a Sunday, 12 noon to 22.30 pm.

In view of the amendment to the application, the Panel agreed for a short adjournment to enable a discussion to take place between the applicant and his representative and the Council’s Licensing Officer.

Upon reconvening, the Council’s Licensing Officer informed the Panel of his revised recommendation.

The Local Member for area was present and expressed his support of the revised application.

Having received presentations from both parties and questions been asked by both parties and by Members of the Panel, it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED ;

Upon reconvening in public it was indicated that the Panel had heard the evidence from the Council officers, the applicant and his representative, the police and the local member. The Panel had particularly noted the amendment to the hours of the application and the fact that the parties present had been able to agree a number of additional conditions. It was also noted that the objector was not present. It was considered that the decision was reasonable, proportionate and in accordance with the legitimate aims of the Council.

RESOLVED :

THAT the application for the renewal of a Public Entertainment Licence for the Crown Hotel, 10 St Thomas Square, Ryde be granted for one year, with a 6 month review, for the amended hours

Monday – Saturday: 10.30 hours – 23.00 hours

Sunday: 12.00 hours – 22.30 hours

subject to the Council’s standard terms and conditions along with additional conditions regarding the use of a noise limiter, for the windows and doors to be kept closed during any public entertainment and for CCTV to be retained. If, however, the CCTV developed a major fault, this would be raised at the subsequent review of the licence.

CHAIRMAN