Minutes Licensing 13 June 2003

6. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 25 April 2003 be confirmed.

7. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

8. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Due to the non-attendance of Messrs B Leal and E Day, the item with regard to the application for the transfer and variation of hours of the Public Entertainment Licence for Goldies, 74 Union Street, Ryde was deferred until later in the agenda.

a) Appeal Against Hackney Carriage Vehicle Licence Conditions which Prevent the Licensing of a Citroen Synergie for up to a Maximum of 6 Passengers

The Head of Consumer Protection reported on the appeal received with regard to a request for a Hackney Carriage Vehicle licence for a Citroen Synergie for up to a maximum of 6 passengers. However, it was noted that due to a typographical error the report indicated that the application was for up to a maximum of 8 passengers. The Licensing Officer had refused the application on the grounds that the vehicle did not comply with the Council’s Hackney Carriage Vehicle licence conditions. Members noted the relevant conditions normally attached to the licence with regard to the licensing of 6,7 and 8 seater vehicles.

The Panel were reminded of the decision taken at the meeting of the Licensing Panel, on 7 September 2001, to refuse an application for a Peugeot 806 MPV, which shared the same chassis (floor pan) as the vehicle concerned. This was due to the Committees concern with regard to the safe ingress and egress of passengers in an emergency.

The Panel viewed the vehicle concerned and, upon reconvening, were advised that Southampton and Winchester Councils would license this type of vehicle. It was also confirmed that the vehicle had passed the M1 crash test. The Police and the Traffic Education Officer had not submitted any comments on the application.

The applicant was present and outlined his case and the reasons for his appeal against the decision of refusal by the Licensing Officer.

The Panel adjourned to private session. However to satisfy a query with regard to the attachment of licence conditions to a licence, the Panel reconvened in public in order to clarify that point only.

Upon reconvening in public, it was indicated that the Panel were of the view that if passengers used all six seats, there would not be sufficient easy ingress or egress for all passengers, particularly for those seated in the rear row of seats.

RESOLVED :

THAT the application for a Hackney Carriage Vehicle Licence for a Citroen Synergie be granted, for up to a maximum of 5 passengers, subject to the condition that the nearside seat, of the middle row of seats, be removed, at all times when the vehicle was used as a Hackney Carriage.

b) Application for the Transfer and Variation of Hours of the Public Entertainment Licence for Goldies, 74 Union Street, Ryde

The Head of Consumer Protection referred to the application submitted by Messrs Benjamin Leal and Elliott Day for the transfer and variation of hours of the Public Entertainment Licence (PEL) in respect of Goldies, 74 Union Street, Ryde. A detail of the permitted hours for the PELs of similar premises, situated in the vicinity of Goldies, was circulated to members of the Panel. This highlighted that no other licensed premises had been granted a PEL on a Monday or a Tuesday beyond 23.00 hours. Photographs of the rear and front entrance to the premises were also circulated for information.

The Panel noted the hours for which the Licensing Justices had granted a Special Hours certificate. The Hampshire Constabulary had confirmed that they had no objections to the application and no comments had been received from the local member. The application had been advertised and one letter of objection had been received. It was also reported that one verbal complaint had been received.

The comments of the Council’s Environmental Protection Section, who were present, were noted. It was confirmed that a noise limiter had recently been set and sealed at the premises.

Mr M Goldstone and Mr B Leal were present and outlined their case and measures undertaken and planned for the future, in an endeavour to contain any noise nuisance.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had regard to the objections over noise nuisance and that extending the licence to 0200 hours on Mondays and Tuesdays was not justified, due to the possible disturbance to neighbouring properties. The Panel considered that granting a licence on the terms, set out below, was proportionate to the legitimate aim of the Council’s licensing policy.

RESOLVED :

THAT it be agreed to the transfer and variation of hours of the Public Entertainment Licence for Goldies (formerly the Loft), 74 Union Street, Ryde at the times set out below:

Monday and Tuesday : 11.00 hours - 23.00 hours

Wednesday to Saturday : 11.00 hours - 02.00 hours the following morning

Sunday : 12.00 hours - 24.00 hours

On the condition that the entrance and rear doors to the premises were not left open from 22.00 hours on all days.

c) Application for the Grant of a Street Trading Consent

Cllrs Mundy, White and Cunningham declared a personal interest in Minute No 8 (c) as they were all acquainted with Mr Ricks, the legal representative for Mr Tracey.

During the questioning by Mr Ricks, Cllr Mrs J White left the meeting room and took no part in the discussion or voting thereon.

The report of the Head of Consumer Protection set out details of an application received from Mr M Tracey of Cemetery Road, Binstead for the grant of a Street Trading Consent for a period of three months. The applicant wished to offer for sale a selection of fast food and drinks outside of Colonel Bogeys Nightclub, Sandown, at one of four specified sites.

The applicant had held a Street Trading Consent for South Street, Newport since October 1997, which had been renewed annually following no objections received.

It was reported that the Council’s Car Park Section would object strongly to a van trading from Fort Street Car Park, particularly in view of the efforts taken to remove an illegal Burger van several years ago. The comments of the Crime and Disorder Unit were noted. The Hampshire Constabulary had submitted written objections on the grounds of road safety and was represented by Sgt Carter who confirmed their views and those relating to the potential for public disorder. Comments had also been received from the Council’s Highways department and Wight Leisure with regard to the use of the bus stop site near to the taxi rank.

The Local Councillor had submitted a letter commenting on the application and attended the meeting to confirm her objections. Following the advertisement of the application, three letters of objection had been received. All the objectors were present, however only two of the objectors chose to outline the reasons for their objections.

The applicant, Mr M Tracey and his legal representative, Mr Ricks were present. Mr Ricks asked detailed questions of the Senior Licensing Officer and of all the objectors present, namely Sgt Carter, Cllr Humby, Mr Watson and Mr Peak. Mr Tracey, by way of answering questions from Mr Ricks, presented his reasons for applying for a Street Trading Consent in the vicinity of Colonel Bogeys Nightclub, Sandown and his planned proposals to safeguard against public disorder and noise nuisance.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel noted the evidence presented by officers, the applicant and his legal representative and the comments of all the objectors, both written and oral. The Panel noted that the applicant was a long established businessman and that his current outlet was well run. However, the Panel considered that the presence of an outside fast food outlet at any of the four locations listed in the application would not be suitable.

An outlet would slow the natural disposal of people from the licensed premises in the area. The greater number of people in the area of the van would lead to unacceptable levels of noise to local residents, public order problems and vandalism. The loss to local amenity would be considerable.

In relation to the specific sites the Panel found that specifically :

1. The slipway was designed for public use and any obstruction would interfere with their lawful access;

2. The road opposite the Jolly Sailor was extremely busy with two licensed venues discharging up to 1,000 people, many in drink. This would present a danger to traffic and pedestrians;

3. The car park presented less traffic problems but did hold a much greater likelihood of vandalism to cars and coaches in the immediate vicinity;

4. The bus stop near the taxi rank was potentially suitable subject to further information from the Council’s Highways Department.

RESOLVED :

THAT the application for a Street Trading Consent be refused.

9. PROCEDURE FOR THE CONDUCT OF MEETINGS AND TREATMENT OF LATE EVIDENCE

Members received the report of the Chief Executive Officer and Strategic Director of Corporate Services setting out proposals on the procedure to be followed at all future meetings of the Licensing Panel and, in addition, guidance on the treatment of late evidence.

RESOLVED :

THAT Appendix 1 and Appendix 2, attached to the report, be adopted as part of the Licensing Panels’ Policy.

CHAIRMAN