26.
MINUTES
RESOLVED
:
THAT the Minutes
of the meeting held on 14 December 2004
be confirmed.
27.
DECLARATIONS OF INTEREST
Mr R G Mazillius
declared a personal interest in Minute 28a, as his wife was a personal friend
of the wife of the applicant’s representative.
28.
REPORTS OF THE HEAD OF CONSUMER PROTECTION
(a) Application
for the Renewal of a Public Entertainment Licence for the Tap, 2 Avenue Road,
Sandown
Members were
referred to the report of the Head of Consumer Protection which advised of the
application received for the renewal of a Public Entertainment Licence for The
Tap, 2 Avenue Road, Sandown for the same hours which currently existed. The Committee were informed of a further,
written representation from one of the objectors, which had been received after
the published deadline. This was
circulated to members of the Committee and to the applicant. The Committee, after due deliberation,
refused to allow the late evidence due to the type of evidence and the reason
for the delay and decided to continue with the matter on only that evidence
correctly filed.
Members noted that two noise complaints had
been received, from when the licence was last granted. However, since the
Council’s Environmental Health Section had set the noise limiter at the
premises, no further noise nuisance had been determined.
The Hampshire
Constabulary and the IW Fire and Rescue Service had both been advised of the
application and had confirmed that they had no objections. The comments of the Council’s Environmental
Health Section were noted.
Following the advertising
of the application two letters of objection had been received.
The applicant,
Mr P Legg was present and represented by Mr B Oxford, a Licensing
Consultant. Mr Oxford addressed the
Committee by outlining the application and advised of additional measures
undertaken by the applicant to upgrade the premises in order to prevent any
noise break out and any nuisance to neighbouring premises, by patrons of The
Tap. Mr D Watts, the Head of Security
also addressed the Committee to explain the role of the door stewards, both
inside and outside of the premises, to prevent any public order disturbance in
the vicinity.
Mrs M Maddocks,
the proprietor of the Burlington Hotel outlined her reasons for objecting and
accepted that there was a problem of noise nuisance at night, in some areas of
Sandown, generally.
The Committee
were informed of the existing hours of licenses for other premises in the area.
Following
further 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 4, of
Part 1, of Schedule 12A of the Act.
Upon reconvening
in public, it was indicated that the Committee had considered carefully the
evidence submitted by the applicant, the objectors and the Principal Licensing
Officer and had regard to all the written representations. The Committee having noted that the police
had confirmed that they had no objections to the application, were satisfied
that their decision was reasonable and proportionate and in accordance with the
legitimate aims of the Council.
RESOLVED
:
THAT
the application for the grant of a Public Entertainment Licence be approved for
The Tap, 2 Avenue Road, Sandown for the hours requested by the applicant, with
the existing conditions, together with the additional conditions, as
set out in paragraph 29 of the report, relating to the installation of an
electronic sound limiter prior to any public entertainment taking place and for
ventilation to be provided by suitable and sufficient mechanical means.
(b)
Application for the Renewal of a Public Entertainment
Licence for the Balcony, The Pavilion, The Esplanade, Ryde
The report of
the Head of Consumer Protection was received which set out details of the
application for the renewal of a Public Entertainment Licence for the Balcony,
The Pavilion, The Esplanade, Ryde for the existing days and times. The Committee were informed of a further,
written representation from one of the objectors, which had been received after
the published deadline. The Committee,
after due deliberation, refused to allow the late evidence due to the type of
evidence and the reason for the delay and decided to continue with the matter
on only the evidence correctly filed.
Members noted
the sound engineer’s report and the actions taken by the Council’s
Environmental Section in response to noise complaints received from a local
resident.
The Hampshire
Constabulary had confirmed that they had no objections to the application. The comments of the Council’s Environmental
Health Section were noted.
Following the
advertising of the application two letters of objection had been received.
The Committee
were advised that in order to prevent public order nuisance along the
Esplanade, CCTV had been installed in the area. Substantial work had also been undertaken at the premises in
recent months to prevent noise breakout.
Mrs C Pearce,
Mrs J Rippie, the Licence Holders and Mr L Barry, the Manager were present and
addressed the Panel outlining the proactive actions taken by Quattroleisure, in
conjunction with the police and the local authority, to prevent public
nuisance. Mrs Pearce proposed that an
additional measure of displaying signs around the premises advising of
appropriate behaviour on leaving the establishment would be undertaken in the
future.
Following
further 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 4, of
Part 1, of Schedule 12A of the Act.
Upon reconvening
in public it was indicated that the Committee had heard the evidence submitted
by the applicant and by the Principal Licensing Officer and had noted the
written objections received. The Committee had 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 Balcony,
The Pavilion, The Esplanade, Ryde for the hours requested by the applicant be
approved, subject to the inclusion of all the existing licence conditions.
(c)
Application for the Grant of an Occasional Public
Entertainment Licence for Seaclose Park, Fairlee Road, Newport
Members received
the report of the Head of Consumer Protection detailing the application
received from Solo Promoters Ltd for the grant of an occasional Public
Entertainment Licence in respect of the Isle of Wight Festival 2005, Seaclose
Park, Fairlee Road, Newport. The event
was scheduled to take place during specified hours on Friday, 10 June to Sunday
12 June 2005.
The Committee
were ask to consider the grant of a provisional licence, authorising the
Council’s Principal Licensing Officer to only grant a full licence when all
necessary and appropriate conditions had been complied with by the
applicant. The Council’s Consumer
Protection section had established a Public Events Safety Committee, which
would meet with the applicant on a regular basis.
Members were
informed that the promoters were committed to making the event better, not
bigger than that held in 2004. To this
end a number of important changes had been proposed for the site. In particular, the installation of a
hard-core pathway leading from the Festival car parks and campsite across the
fields alongside the river Medina and measures were in hand to resolve the
number of problems associated with the toilet facilities.
Formal
consultation had taken place and the comments of the statutory consultees were
noted.
Two letters of
objection had been received following the advertising of the application.
Mr J Giddings,
for Solo Promoters Ltd was present and addressed the Committee apprising of
actions being taken in an endeavour to resolve the issues expressed by the
objectors and to improve on the event, without any detrimental effect on the
local community.
Mr A Taggert, an
objector, was present and advised the Committee of his discussions with Solo
Promoters Ltd, who had now satisfactorily agreed to put provisions in place to
prevent any repeat of the activities which had caused him and his family
distress at last years event. Mr
Taggert confirmed the withdrawal of all his objections.
Following
further presentations and questions by both parties and questions by the
Committee, 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 4, of
Part 1, of Schedule 12A of the Act.
Upon reconvening
in public it was indicated that the Committee had considered the evidence put
before it, the representations made and the assurances given. The Committee believed that the grant of a
provisional Public Entertainment License was a reasonable, proportionate
decision and in accordance with the Council’s legitimate aims.
RESOLVED :
(i)
THAT a provisional occasional Public Entertainment Licence be
granted for the Isle of Wight Festival 2005, Seaclose Park, Fairlee Road,
Newport for the days and hours requested by the applicant;
(ii)
THAT the Council’s Principal Licensing Officer be authorised
to grant a Public Entertainment Licence, prior to the event, subject to the inclusion
of the Council’s standard outdoor terms and conditions and along with any
additional conditions that the Principal Licensing Officer believed to be
reasonable;
(iii)
THAT the Council’s Principal Licensing Officer to report back
to the Licensing Committee, prior to the event, with full details of all
conditions to which the licence would be subject, as an information only item.
CHAIRMAN
