Minutes 25 July 2003

10. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 13 June 2003 be confirmed.

11. DECLARATIONS OF INTEREST

There were no declarations of interests made at this stage.

12. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Due to the need for the Environmental Health Officer to attend an incident elsewhere it was agreed to take agenda item 4(e) after agenda item 4(b).

a) Appeal Against Hackney Carriage Vehicle Licence Conditions which Prevent the Licensing of a Hyundai Trajet for up to a Maximum of 6 Passengers

The Head of Consumer Protection reported on the appeal received with regard to a request for a Hackney Carriage Vehicle licence for a Hyundai Trajet for up to a maximum of 6 passengers. The Licensing Officer had refused the request on the grounds that the vehicle did not comply with the Council’s Hackney Carriage Vehicle licence conditions. Members noted the relevant conditions normally attached to the licence with regard to the licensing of 6,7 and 8 seater vehicles.

The Panel were reminded of the decision taken at the meeting of the Licensing Panel, on 7 September 2001, to refuse an application for a Peugeot 806 MPV. This was due to the Committees concern with regard to the safe ingress and egress of passengers in an emergency. The Panel’s decision at its last meeting was to approve a similar application for a Citroen Synergie for up to 5 passengers.

The Panel viewed the vehicle concerned and, upon reconvening, were advised that the Police and the Traffic Education Officer had not submitted any comments on the application.

The applicant was present and outlined his case and the reasons for his appeal against the decision of refusal by the Licensing Officer.

The Panel adjourned to private session.

Upon reconvening in public, it was indicated that the Panel were of the view that in the interests of public safety the request should be granted for a maximum of five passengers subject to the removal of the nearside seat, of the middle row of seats, at all times when the vehicle was used as a Hackney Carriage.

RESOLVED :

THAT the request for a Hackney Carriage Vehicle Licence for a Hyundai Trajet be granted, for up to a maximum of 5 passengers, subject to the condition that the nearside seat, of the middle row of seats, be removed, at all times when the vehicle was used as a Hackney Carriage.

b) Application for the Variation of Hours of the Public Entertainment Licence for Chapter 1, 7 Palmerston Road, Shanklin

The Head of Consumer Protection referred to the application submitted by Mr Simon Bodenham for the variation of hours of the Public Entertainment Licence (PEL) in respect of Chapter 1, 7 Palmerston Road, Shanklin. The Panel agreed to accept 2 further letters of support as late evidence.

The Panel noted the hours for which the Licensing Justices had granted a Liquor Licence. The Hampshire Constabulary had confirmed that they had no objections to the application. The application had been advertised and ten letters of objection and three letters of support had been received.

The comments of the Council’s Environmental Protection Section, who were present, were noted. It was confirmed that a dual level noise limiter had been set and sealed at the premises in late June.

Mr B Oxford (as agent for Mr S Bodenham) was present and outlined his clients case and measures undertaken and planned for the future, in an endeavour to contain any noise nuisance.

Mr D Brooks, from Isle of Wight Tourism and another supporter spoke in support of the application.

Ms Carr and Mr Squires, objectors, were also present and outlined and explained their concerns and complaints to date.

Mr H Rees, local member, was also present and re-emphasised to the Panel the concerns of the objectors.

The Panel were given advice on the Human Rights implications.

The Panel then adjourned to private session. Upon reconvening in public it was indicated that the Panel had given careful consideration to the objectors concerns but no noise nuisance had been substantiated since the installation of the dual noise limiter. The Panel also had regard to the Human Rights of the objectors and applicant and the need to balance the conflict between these two interests particularly given that no evidence was available of noise from the venue after 11pm. The Panel considered that granting a licence on the terms, set out below, was proportionate and reasonable to the legitimate aim of the Council’s licensing policy.

RESOLVED :

THAT a variation of hours of the Public Entertainment Licence for Chapter 1, 7 Palmerston Road, Shanklin, be agreed for a six month period for the times set out below:

Monday - Wednesday : 1000 hours - 2300 hours

Thursday - Saturday : 1000 hours - 0100 hours the following morning

Sunday : 1200 hours - 0030 hours the following morning

Sundays preceding a Bank Holiday (excluding Easter Sunday): 1200 hours – 0100 hours the following morning

24 December: 1000 hours – 0100 hours the following morning

Subject to the conditions as requested by the Environmental Health Officer.

c) Application for the Grant of a Public Entertainment Licence for Stanley’s, 23A Union Street, Ryde

The Head of Consumer Protection referred to the application submitted by Mrs Nicola Cawley for the variation of the grant of a Public Entertainment Licence (PEL) in respect of Stanley’s, 23a Union Street, Ryde.

The Panel noted the hours for which an application to the Licensing Justices for a Special Hours Certificate had been submitted. The Hampshire Constabulary had confirmed that they had no objections to the application. Since the completion of the report the Isle of Wight Fire and Rescue Service had been able to visit the premises and raised no objections. The application had been advertised and one letter of objection had been received.

The comments of the Council’s Environmental Protection Section, who were present, were noted. It was confirmed that, if approved, a condition requiring windows to be closed after 9pm was recommended.

Mr B Oxford (as agent for Mrs N Cawley) was present and outlined his clients case and measures planned for the future, in an endeavour to contain any noise nuisance.

Miss Simmons, the objector, was also present and outlined and explained her concerns over possible noise nuisance until 0200.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had given careful consideration to the objectors concerns but no noise nuisance could be substantiated. It was considered that the application should be granted, subject to the hours for Monday being 1000 to 2300 as this would remain in keeping with like establishments on the vicinity and the amenities of the area.

RESOLVED :

THAT a Public Entertainment Licence for Stanley’s, 23A Union Street, Ryde be approved for the times set out below:

Monday - Wednesday : 1000 hours - 2300 hours

Thursday - Saturday : 1000 hours - 0200 hours the following morning

Sunday : 1200 hours - 0030 hours the following morning

Sundays preceding a Bank Holiday (excluding Easter Sunday): 1200 hours – 0200 hours the following morning

24 December: 1000 hours – 0200 hours the following morning

Subject to the conditions as requested by the Environmental Health Officer.

d) Application for the Grant of a Street Trading Consent – Fat Papas, The Parade, Cowes

The report of the Head of Consumer Protection set out details of an application received from Mr David Twyman and Mrs Fiona Twyman for the grant of a Street Trading Consent for the period of Cowes Week. The applicant wished to offer for sale pizzas, hot and cold drinks on The Parade, Cowes.

The applicant had held a Street Trading Consent for the same site and same services the previous years and no complaints had been received.

The Panel accepted a further letter from the applicant which enclosed notes from two traders in Cowes raising no objection to the application.

Following the advertisement of the application, a letter of objection had been received from Cowes Town Council. Although no representative from the Town Council was present at the meeting to explain their case.