Minutes

29. MINUTES

The Minutes of the meeting held on 22 January 2004 be confirmed.

30. DECLARATIONS OF INTEREST

Mr M C Cunningham declared a personal interest in Minute No 32(a) as a member of the Board of Trust for the Riverside Centre, Newport.

The Panel, en bloc, declared personal interests in Minute No 32(a) following the receipt of unsolicited free membership to attend Bar Bluu, Newport.

31. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Application for the Grant of a Public Entertainment Licence for The Hogshead, 20 High Street, Newport

The Panel agreed to undertake a site visit to view the Hogshead, immediately following the representations of the Council’s licensing officer, the applicant and any objectors or supporters present.

RESOLVED :

THAT the meeting be adjourned to view the premises concerned, immediately following the presentation of the case by the Council’s licensing officer, the applicant and any objectors or supporters.

The Head of Consumer Protection referred to the application received for the grant of a Public Entertainment Licence (PEL) in respect of the Hogshead, 20 High Street, Newport. Members noted the extended times requested by the applicant and also the days and times of other premises situated in the vicinity. The premises had held a liquor licence since 1997 and should the application be successful, an application would be made to the Magistrates’ Court for a Special Hours certificate to vary the hours to that of the PEL.

The Hampshire Constabulary, who, it was noted, would be objecting to the grant of a Special Hours certificate, had expressed concerns regarding the application. An inspection of the premises by the Fire and Rescue Service had still to be undertaken. The comments of the Council’s Environmental Protection Section were noted. Following the advertising of the application, one letter of objection had been received.

Mrs S Moss, the area manager, supported the applicant Mr R McFarlane, the manager of the Hogshead. Ms Hazelwood, of John Grant, solicitors, Sheffield outlined the application, providing clear reasons and a detailed background of the situation. It was confirmed that the applicant would comply with all the conditions requested by the Environmental Health Department.

During the discussion Mr R G Mazillius declared a non-pecuniary interest in the matter due to his sons’ past commercial interest in a nearby business.

Sgt Mudge of the Hampshire Constabulary was present and represented by Mr Stamp, solicitor, who outlined concerns with regard to public safety and public disorder. The police objection with regard to the proposed application for a Special Hours certificate was confirmed. Ms Hazelwood, with the aid of a large scale map of the premises, outlined details of the proposals for public entertainment.

The objector, who was the proprietor of a local nightclub, was present and represented by Mr B Oxford. Mr Oxford outlined the reasons for his objection.

The Panel and all interested parties adjourned to view the premises concerned. Upon reconvening, all parties were invited to sum up their evidence as presented.

The Panel adjourned to private session. Upon reconvening in public it was indicated that, having taken into account the representations made by the applicant, the Council’s licensing officer, the police and the objector, the Panel considered the issues of public safety which had been drawn to their attention and to those around noise. Having balanced all the issues the Panel were mindful to ensure the safety of both performers and other personal present at the entertainment, for which the licence was granted and to prevent persons in the neighbourhood being unreasonably disturbed by noise.

RESOLVED :

THAT a Public Entertainment Licence be granted for a period of six months, for the times requested by the applicant. These being

Monday – Tuesday: 1100 hours - 2300 hours

Wed – Saturday: 1100 hours – 0100 hours the following morning

Sunday : 1200 hours - 0030 hours the following morning

subject to the following conditions:

(i) CCTV being installed to the satisfaction of the Council and the Hampshire Constabulary in accordance with additional condition No 1.8;

(ii) Door Stewards be provided in accordance with additional condition 11;

(iii) A physical barrier to be erected so as to ensure the safety of people using the dance floor area, such a barrier to be agreed with the Environmental Health department of the Council;

(iv) A noise limiter to be installed to the satisfaction of the Environmental Health department of the Council;

(v) Ventilation to be installed to the satisfaction of the Environmental Health department of the Council;

(vi) Pool tables to be moved so as to be out of use when entertainment is taking place on a Friday and Saturday evening and Bank Holidays;

(vii) Subject to a satisfactory report from the Fire Service being received and any conditions contained therein being satisfied.

(b) Application for the Grant of a Public Entertainment Licence for Hunter’s Rest, High Street Ventnor

The Head of Consumer Protection reported on the application received for the grant of a Public Entertainment Licence (PEL) for the Hunter’s Rest, High Street, Ventnor (formally known as the Central Tap Hotel). The Panel noted that should the application be successful an application would be made to the Magistrates’ Court for a Special Hours certificate, which would allow for alcohol to be served for the same hours as the PEL. A plan, depicting other premises in the Ventnor area with PELs, with details of days and times was attached to the report.

The Hampshire Constabulary had confirmed that they had no objections. The IW Fire and Rescue had objected as, when the premises were initially inspected, refurbishment work was still in progress. The applicant had since confirmed that this had now been completed and a further inspection was due to be undertaken.

The premises, under previous management, had a history of noise disturbance to neighbouring residential premises and to prevent this reoccurring, the Council’s Environmental Department recommended the installation of an electronic sound limiter and for no public entertainment to take place while the external doors and windows were kept open, so as to provide ventilation.

The local Councillor had expressed concerns with regard to noise and at the times requested. Five further letters of objection had been received following the advertising of the application.

The applicant, Mr D King was present and represented by Mr B Oxford, who presented his case and the reasons for the hours requested. Copies of coloured photographs were circulated to members of the Panel detailing the renovations undertaken by the applicant and the work to prevent noise nuisance. The applicant confirmed his agreement to all the conditions requested by the Council’s Environmental Health Department.

The local member was present and, on behalf of the local residents, outlined their objections to the application, principally perceived noise problems in association with the times requested for a Friday and Saturday night and for the 24 December.

The Panel adjourned to private session. Upon reconvening in public it was indicated that, the Panel, having taken account of the representations made by the applicant, the Council’s licensing officer and the objectors, had considered the issues of noise, which were drawn to their attention. Having balanced the rights of neighbouring properties with the rights of the applicant, the Panel felt that they should prevent persons in the neighbourhood from being unreasonably disturbed by noise and should secure the safety of those persons present at the entertainment, for which the licence was granted.

RESOLVED :

THAT a Public Entertainment Licence be granted for a period of 6 months for the following hours:

Monday - Thursday: 1000 hours – 2300 hours

Friday – Saturday: 1000 hours – 0030 hours the following morning

Sunday: 1200 hours – 2230 hours

24 December: 1000 hours – 0030 hours the following morning

subject to the following conditions:

(i) CCTV to be installed to the satisfaction of the Council and the Hampshire Constabulary in accordance with additional Condition 1.8;

(ii) The last entry onto the premises on a Friday and Saturday night to be at midnight;

(iii) Subject to a satisfactory report from the Fire Service being received and any conditions contained therein being satisfied;

(iv) Ventilation be installed to the satisfaction of the Council’s Environmental Health Department;

(v) A noise limiter to be installed to the satisfaction of the Council’s Environmental Health Department.

(c) Appeal against the Hackney Carriage Vehicle Licence Conditions which prevent the licensing of a Citroen C8 up to a Maximum of 7 Passengers

Members received the report of the Head of Consumer Protection, which set out details of an appeal by Mr J Groundsell, of Norton Green, Freshwater against the refusal of the Council’s licensing officer to grant a Hackney Carriage Vehicle licence due to the fact that the vehicle, a Citroen C8, did not comply with the Council’s licence condition No 15 (d), as it had a tip-up seat. Members noted the relevant conditions normally attached to the licence with regard to the licensing of 6,7 and 8 seater vehicles.

The applicant, Mr Groundsell was present and accompanied by Mr Wadham and Mr S Dove.

The Panel adjourned to view the vehicle concerned and, upon reconvening, the applicant presented his case and the reasons for his appeal. The applicant confirmed that the application was for a licence for the full capacity of the vehicle, that being for 7 passengers.

The Police and the Principal Road Safety Officer had no comments to make with regard to the application.

The Panel adjourned to private session. Upon reconvening in public, it was indicated that the Panel were of the view that, after having regard to the submissions of the applicant and the Council’s licensing officer, if passengers used all seven seats there would not be sufficient easy ingress or egress for all passengers, particularly for those seated in the rear row of seats.

RESOLVED :

That the application for a Hackney Carriage Vehicle licence for a Citroen C8 be granted, for up to a maximum of 6 passengers, subject to the following conditions:

(i) that the nearside seat of the middle row of seats be removed at all times when the vehicle was being used as a Hackney Carriage;

(ii) that all luggage be kept in the rear luggage space of the vehicle.

(d) To consider whether Mr G Morrow is still a Fit and Proper Person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence and for Breach of Hackney Carriage/Private Hire Driver Licence Conditions

The report of the Head of Consumer Protection was referred to, which set out the background as to whether Mr G Morrow should be considered a fit and proper person to continue to hold a Hackney Carriage/Private Hire driver’s licence and the reasons as to why he was also in breach of Hackney Carriage and Private Hire driver licence condition No 3.

The Panel were reminded that the issue had been deferred from a previous meeting in order to allow time for the applicant to obtain legal representation. The Panel were informed that neither the applicant, nor his representative was present. The Panel were of the view that the matter should, therefore, be adjourned and that a letter be sent to Mr Morrow warning him that should he not attend a future meeting, the matter would be considered in absence.

RESOLVED :

THAT, in the absence of Mr G Morrow, of Flat 6, 32 Alexandra Road, Ryde the matter be deferred to a future meeting.

(d) Application to Exchange a Swivel Seat ‘D’ Plate Licence for a Standard Hackney Carriage Vehicle Licence for the Former Urban District of Cowes

The Panel received the report of the Head of Consumer Protection setting out details of the request from Mr M White, of Amar Taxis for the removal of the Council’s licence condition on an existing D plate licence, currently issued for a Ford Mondeo, which had the benefit of a swivel seat for the disabled.

Members were reminded that this item had been adjourned from the meeting held on 13 January 2004, due to the non-appearance of Mr White. The Panel were informed that neither Mr White, nor his representative was present.

It was indicated that the Panel, after considering the submissions of the Council’s licensing officer and the written representations of the applicant (the applicant not being in attendance), were satisfied that the applicant had been notified of the time, date and location of the Panel meeting to consider the issue. The Panel believed that in order not to disadvantage the disabled and in accordance with the Local Transport Plan, their decision was fair, reasonable and proportionate to the Council’s legitimate aim.

RESOLVED :

THAT the application be refused.

CHAIRMAN