MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 13 JULY 2004 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr M J Cunningham, Mr J Effemey, Mr J Howe, Miss H L Humby, Mrs M J Lloyd, Mr R G Mazillius, Mr A J Mundy, Mr R C Richards, Mrs J White

Also Present (Non-Voting) :

Mr A C Bartlett, Mr A A Taylor

8. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 8 June 2004 be confirmed.

9. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

10. REPORT OF THE HEAD OF CONSUMER PROTECTION

Application for the Grant of an Occasional Public Entertainment Licence for Trinity Theatre, The Grove, Cowes

The Head of Consumer Protection reported on the application for the grant of an occasional Public Entertainment Licence (PEL) for Trinity Theatre, The Grove, Cowes. It was noted that should the application for the PEL be successful the applicant would apply to the Magistrates’ Court for a Special Hours Certificate, to allow them to serve alcohol for the same hours as the PEL.

The Hampshire Constabulary had confirmed that they had no objection to the application and the IW Fire and Rescue Service had not submitted any comment.

The Council’s Environmental Section had expressed their concern with regard to the potential for noise disturbance to neighbouring residential premises and strongly recommended conditions be imposed with regard to the installation of an electronic sound limiter and ventilation. Sight of a valid electrical safety installation certification was also recommended.

The application had been advertised in the IW County Press and no letters of objection had been received. However, the Cowes Town Council had submitted a letter of objection to the hours 1600 until 0200 the following morning. It was noted that no reason for this had been outlined in their letter and that their objection would be withdrawn should the Panel be minded to grant the application for the hours 1600 until 0100 the following morning.

The applicant, Mr S Adamczewski, was present and outlined his case. In particular, mention was made of the reasons for requiring the 2.00 am extension to ensure a managed dispersal of their audience, in order to minimise the disturbance to local residents. The applicant also confirmed that the maximum number of persons on the premises would be 450, at any one time and that he accepted all the conditions proposed by Environmental Health.

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 read the report of the Licensing Officer and heard the evidence presented by the applicant and the Licensing Officer. The Panel had noted that the Isle of Wight Fire and Rescue Service had made no comment and that the applicant was happy to comply with the conditions required by Environmental Health. It was also noted that the objector had not given any reasons as to their objection and did not attend the meeting. It was considered that the decision was proportionate and in accordance with the legitimate aims of the Council.

RESOLVED :

(i) THAT the application for an occasional Public Entertainment Licence for Trinity Theatre, The Grove, Cowes, be granted for Thursday, 5 August 2004 to Saturday, 14 August 2004: 16.00 hours to 0200 hours the following morning, subject to the Council’s standard terms and conditions and any required conditions, to be decided by the Licensing Officer, and to include those regarding a noise limiter, ventilation and CCTV.

(ii) The maximum number of persons on the premises at any one time to be limited to 450.

CHAIRMAN