#minutes

MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 19 JULY 2002 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

9. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 7 June 2002 be confirmed.

10. DECLARATIONS OF INTEREST

Mrs M A Jarman declared a personal and prejudicial interest in Minute 13 as a local member and as a member of the Parish Council

11. EXCLUSION OF PUBLIC AND PRESS

RESOLVED :

THAT under Section 100 (A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business, namely Minute 12, on the grounds that there was likely to be disclose of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A of the Act.

12. CONFIDENTIAL REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

To Consider Whether Mr M Alston is a Fit and Proper Person to hold a Hackney Carriage/Private Hire Driver’s Licence

The Panel were reminded that Mr Alston had appeared before the Panel on 14 May 2002. At that meeting it had been resolved to grant a licence to hold a Hackney Carriage/Private Hire Drive licence subject to the receipt of a completed CRB check showing no other convictions. The results of the CRB check had now been received. The Applicant explained the circumstances which had led to the additional matters being received and clarified an number of issues raised by the Panel. The Assistant Solicitor gave advice to the Panel in relation to spent convictions.

The Panel adjourned to private session. Upon reconvening in public it was explained that the Panel having heard all the evidence were extremely concerned with the additional matters shown in the CRB disclosure which were not disclosed by the Applicant at the previous hearing. The Panel considered that the terms which they had agreed to with the licence should be sufficient to ensure public safety. The Applicant was informed that should he appear before the Panel again it would be viewed extremely seriously.

RESOLVED :

THAT Mr M Alston be granted a Hackney Carriage/ Private Hire driver licence, with a written warning with regards to Mr Alston’s future conduct as a licensed Hackney Carriage/ Private Hire driver, for an initial period of 6 months with a full review by the Senior Licensing Officer or if necessary, the Licensing Panel at that stage. If the initial period was satisfactory, then a licence for a further 6 months would be granted with a similar review at the end of that period. Again, if successful, a licence would be granted for one year with a review after six months.

13. REPORTS OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

(a) Application for the Grant of a Public Entertainment Licence for the Ocean Wine/Food Bar, 9 Pier Street, Sandown

(Mrs M A Jarman declared a personal and prejudicial interest and left the room for the discussion of this item)

The Applicant had submitted a number of late representations prior to consideration of this item. Members believed these, together with other late representations received from Sandown Town Council and Environmental Health were too numerous and detailed to allow consideration at the meeting. The Panel wished to defer the matter to the next meeting of the Panel in order to give consideration to the additional representations.

RESOLVED :

THAT the Application for the Grant of a Public Entertainment Licence for the Ocean Wine/Food Bar, 9 Pier Street, Sandown be deferred to the next meeting of the Licencing Panel.

(b) Displaying of Council Identity Plate

(Mr A Mundy declared a personal and prejudicial interest as a member of the Rotary Club and left the room for the discussion of this item)

The report of the Strategic Director of Finance and Information reported on the request received from Mr S Sharpe for an exemption from displaying the Council’s identity plate for a Nissan Xtrail as he believed that drilling holes in the back of the car to affix the plate would devalue the car. A letter from Staddlestones Nissan garage confirming that drilling holes in the vehicle would invalidate the corrosion warranty, was circulated at the request of Mr Sharpe. The Panel considered the evidence placed before them and asked Mr Sharpe a number of questions. These questions focussed on the alternative methods of securing the Council identity plate to the car in particular by using straps or velcro.

The Panel adjourned to private session. Upon reconvening in public Mr Sharpe was advised that the Panel did not consider that he had provided sufficient evidence to support his request nor that he had taken sufficient steps to resolve the problem.

RESOLVED :

THAT the applicants request for an exemption be refused but that the plates could remain in the back of the window of the vehicle for a period of 14 days to allow time for the applicant to resolve the issue.

The report of the Strategic Director of Finance and Information reported on the application from Mr M Watson and Mr D Hollidge for the renewal of the Public Entertainment Licence for the Public House, 76 - 77 Union Street, Ryde. The Panel were given details of the hours which the liquor licence had been granted. Three letters of objection had been received. The comments of the Environment Protection Section, the Police and the Fire and Rescue Service were considered.

Mr M Neville of 5 Church Lane, Ryde, an objector, advised the Panel that he represented the objectors of 3 and 7 Church Lane and addressed the Panel. The reasons for objection was the level of noise and anti social behaviour from those in the area of Redan Public House. Complaints had also been made regarding the noise emanating from the premises when Karioke evenings were held.

The Applicants confirmed that they had ceased running Karioke evenings and informed the Panel of the measures that they had taken to limit sound coming from the premises. The Environment Protection Section confirmed to the Panel that there had been no reports of noise nuisance to them since the Applicants had taken over the premises.

The Panel adjourned to private session. Upon reconvening in public the applicants were advised that the Panel had listened carefully to all the evidence including that of the objectors. It was noted that there had been no complaints logged by Environment Health since the applicants took over. Further, it was noted that there were no objections by the Police. It was therefore considered reasonable to grant this licence. The reduced hours from those requested by the applicant were to ensure that no disturbance could be caused prior to all the proposed works being carried out.

RESOLVED :

(i) THAT the public entertainment licence be granted to the Applicants for the following hours:

Monday - Tuesday 1030 hours - 2300 hours

Wednesday - Saturday 1030 - 0200 hours

Sunday 1200 hours -2230 hours

(ii) THAT all conditions on the current licence be retained

(iii) THAT the following additional conditions be imposed

(1) The electronic sound limiter installed in the premises shall be operated at all times to control the level of sound arising from public entertainment. It shall be set at a level agreed with the Licensing Authority. The sound limiter level once set shall not be adjusted without the approval of the Licensing Section and no entertainment shall take place on the premise unless the limiter is used to control the level of sound. The limiter shall then thereafter be maintenance by a competent person every twelve months. The results of this maintenance which shall include a test of its normal operation and shall be recorded and forwarded to the licensing section on application for renewal of the public entertainment licence. In the event of a malfunction affecting noise output appropriate action shall be taken to ameliorate the effect and the licensing section shall be notified immediately.

Reason: To prevent annoyance and disturbance, in particular sleep disturbance from noise emissions from the premises

(2) No public entertainment shall take place with the external doors or windows being kept open, so as to provide ventilation. Ventilation shall only be provided by suitable and sufficient technical means, so as to avoid the necessity for opening doors and windows etc. (The amount of ventilation provided is also a requirement under Health and Safety legislation). The mechanical system shall be operated as required and maintained thereafter

Reason: To minimise noise emissions form the premises resulting in annoyance and disturbance, in particular sleep disturbance to neighbouring residential premises

(iv) THAT prior to the grant of the licence a Fire Certificate shall be produced to the Senior Licencing Officer confirming that all matters in the memorandum of 30 May 2002 (attached as Appendix 3 to the report) had been complied with

(v) THAT the licence be granted with a review after 6 months by the Senior Licencing Officer, or if necessary, by the Panel.

(vi) THAT if further complaints were made, the following condition was likely to be imposed:

Music noise and noise from voices emanating from the premises shall be of a level whilst audible (heard), is so low in volume that distinct lyrics, tunes, musical instruments and any bass beat cannot be recognised at any position on the line between points X and Y on the plan circulated at the meeting (dated 19 July 2002,076694 Slade) and is in the open air.

Reason: To prevent annoyance and disturbance, in particular sleep disturbance from noise emissions from the premises.

CHAIRMAN