MINUTES
OF A MEETING OF THE LICENSING COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF
WIGHT ON FRIDAY, 14 MARCH 2003 COMMENCING AT 10.00 AM
Present :
Mr C B W Chapman (Chairman),
Mr J Effemey, Mrs M J Lloyd,
Mr A J Mundy, Mr R C Richards,
Mrs J White
Apologies :
Mrs M A Jarman
Also
Present
(Non Voting) :
Mrs A C Bartlett, Mr D
Williams
39.
MINUTES
RESOLVED :
THAT the minutes of the meeting held on 13
February 2003 be confirmed.
40.
DECLARATIONS OF INTEREST
There were no declarations of interest at this stage.
41.
REPORTS OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY
TREASURER
a.
Application for the Grant of a Public Entertainment Licence for Chapter
1, 7 Palmerstone Road, Shanklin
Members were reminded that the Panel had originally considered the
application for the grant of a Public Entertainment Licence on 5 December
2002. The application had then been
refused as it was felt that, without a consultant’s report on noise assessment,
insufficient information had been presented to allow for an informed decision
to be made.
The application then came before the Panel on 17 January 2003 when a
copy of an Acoustic report was circulated to Members. At that meeting the applicant also confirmed a further change to
the times requested. In order to enable
objectors and supporters the opportunity to comment, consideration of the
application had been adjourned, in order to allow time for an advertisement of
the new hours to be placed.
Two letters of comment had now been received. The Hampshire Constabulary had no objections. The comments of the Council’s Environmental
Protection Section were noted together with those from the Isle of Wight Fire
and Rescue Service.
The Strategic Director also referred to the Noise Abatement Notice,
which had been served following a statutory noise nuisance at the premises, on
21 February 2003 and the implications of such said Notice.
A copy of a letter received from J Carr, dated 9 March 2003, was
circulated to the Panel, which indicated their acceptance of the noise level,
as set by use of the noise limiter, provided that the music was contained
within the times requested.
The local member had also submitted written representations, in
relation to concerns regarding noise, to the Senior Licensing Officer. The Councillor for Shanklin North attended
the meeting, spoke on behalf of a number of local residents, and welcomed the
condition in relation to the installation of an electronic sound limiter.
Mr B Oxford, the applicants’ agent and the applicant, Mr S Bodenham,
were both present and outlined the case and measures undertaken in an endeavour
to contain any noise nuisance.
The Panel adjourned to private session. Upon reconvening in public the Panel indicated that the installation of a
noise limiter, by the applicant, had been noted. The Panel had also had regard to the letter from J Carr, dated 9
March 2003, which indicated that person’s acceptance of the current
position. It was considered, in their
view, that the grant of the licence was proportionate to the legitimate aim of
the Councils’ licensing policy.
RESOLVED :
THAT it be agreed to grant a Public Entertainment Licence for Chapter
1, 7 Palmerstone Road, Shanklin as requested.
The hours being
Monday – Saturday: 1030 hours –
2300 hours
Sunday: 1200
hours – 2230 hours
The conditions, attached to the licence, to include those relating to
the noise limiter, as requested by Environmental Health and also those required
by the Fire and Rescue Service.
b.
Application for the Renewal, Variation of Hours and Transfer of the
Public Entertainment Licence for Chapman’s, High Street, Ventnor
The Strategic Director referred to the application submitted by Mr W
Chapman, Ms K Chapman and Ms M Creighton for the renewal, variation of hours
and transfer of the Public Entertainment Licence in respect of Chapman’s, High
Street, Ventnor. The application had
been advertised and no objections had been received from the public, the
Hampshire Constabulary, or the local member.
Consideration was given to the comments of the Environmental Protection
Section and to those of the Fire and Rescue Service.
Mr B Oxford, the applicants’ representative and the applicant, Mr W
Chapman were both present and outlined the case and the reasons for their
objections to Conditions 1 and 3, as requested by the Environmental Protection
Section. Details of the applicants’
previous history in other premises were raised.
The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel noted
the evidence presented by officers and the applicant and his
representative. The Panel took into
account the fact that there had been no objections during the past 3
months. The Panel did, however, express
their concern as to the applicants’ previous history, in other premises, but
did not consider that could be given as much weight as the lack of current
objections. The applicant was also
informed that the Panel trusted that the concerns of the Environmental Health
officer would be taken to heart and that every step should be taken to ensure
no repetition of the previous incidents.
The Panel considered that granting a licence on the terms, set out
above, was proportionate to the legitimate aim of the Councils’ licensing
policy.
RESOLVED :
THAT
it be agreed to grant the application for the renewal, variation of hours and
transfer of the Public Entertainment Licence for Chapman’s, High Street,
Ventnor subject to Condition 2, regarding Ventilation, as requested by the
Environmental Health and also any relevant Fire conditions.
The
times to be granted are as follows :
Monday
– Wednesday : 10.30 hours – 2300
hours
Thursday
– Saturday: 1030 hours – 2345
hours
Sunday
: 1200
hours – 2230 hours