MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON THURSDAY, 2 MAY 2002 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams, Mr J Effemey, Mrs M J Lloyd, Mr R C Richards

Apologies :

Mr A J Mundy

 1.        MINUTES

RESOLVED :

THAT the minutes of the meeting held on 5 April 2002 be confirmed.

2.        APPLICATION FOR THE VARIATION OF OPERATING TIMES OF A STREET TRADING CONSENT

The Strategic Director of Finance and Information reported that an application had been received for the variation of operating times of a Street Trading Consent in respect of the Sunday market held in the High Street, Sandown.

Additional papers were circulated to the Panel by the objectors solicitor. The Council’s senior solicitor advised the Panel that a short adjournment would be in order to enable them to read the new material.

The Panel adjourned.

Upon reconvening the Council’s senior solicitor asked if the Panel had read the new material and were happy to continue with the hearing. She explained that included in the papers was a letter from Sandown Town Council to the objector, dated March 2001. Proceedings had been issued in the County Court for damages and nuisance together with injunctive relief. The return date for the hearing had been set for 9 May 2002. Both parties were invited to address the Panel.

The applicants were represented by Mr Samuelson who advised the Panel that although County Court proceedings had been issued by the objector, the applicant had not as yet been formally served with the papers.

Mr Samuelson explained that although a letter had been sent to the objector from the applicant it was yet to be decided if it was a legally binding contract or a letter of intent. If it was decided the letter was a legally binding agreement between the applicant and the objector then it had nothing to do with the matter before the Panel. The court would be responsible for a decision on the legal issues raised not the Panel, the other issue of nuisance to the hotel could however be taken into account by the Panel.

Mr Samuelson suggested that the proceedings should go ahead as the applicant had not been formally served with the papers and the legal issues were a private matter between the applicant and the objector.

Ms Harman representing the objector indicated that court proceedings had been issued but as yet did not directly concern the Isle of Wight Council. If the applicant wished to proceed that was a matter entirely up to him as the objector did not seek to prevent this.

Mr Samuelson advised the Panel that if the hearing proceeded and permission was granted, the hours of the market for Sunday, 5 May 2002 would remain the same and if the injunction was granted the hours would also remain the same.

The objector’s representative said she was grateful for that indication and reiterated that the matter at present was between the applicant and the objector.

The Council’s senior solicitor believed that both legal representatives had had the opportunity to express their views.

The Panel adjourned to private session. Upon reconvening in public it was explained that the Panel had heard the arguments from the legal representatives of both the applicant and the objector and were informed that civil proceedings were pending with an initial return date of 9 May 2002 for an interlocutory injunction in respect of the market times. The Panel considered that the matter would therefore be better dealt with after the initial court hearing.

RESOLVED :

THAT the matter be deferred to the Licensing Panel due to be held on 17 May 2002.

CHAIRMAN