MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON THURSDAY, 5 DECEMBER 2002 COMMENCING AT 10.00  AM


Present :

 

Mr C B W Chapman (Chairman), Mr J R Adams, Mr J Effemey, Mr A J Mundy, Mr R C Richards


Apologies :

 

Mrs M A Jarman, Mrs M J Lloyd, Mrs J White


Also Present (Non-Voting) :

 

Mr A C Bartlett, Mr H R Rees






 

 29.      MINUTES

 

RESOLVED :

 

THAT the minutes of the meeting held on 1 November 2002 be confirmed.

 

30.      DECLARATIONS OF INTEREST


There were no declarations of interest at this stage.

 

31.      REPORTS OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

 

           (a)       Renewal of Public Entertainment Licence with Additional Condition - Club K, 2B Orchard Street, Newport

 

The Strategic Director referred to his report regarding the imposition of a condition relating to the provision of a noise limiter on the renewal of the Public Entertainment Licence in respect of Club K, 2B Orchard Street, Newport. The Panel were informed that confirmation had now been received from the applicant accepting the imposition of the condition on the licence and also that all the works highlighted by the Fire and Rescue Service, had been completed. As the application could now be approved by the Strategic Director under Delegations to officers the matter would be withdrawn.

 

The Panel expressed their concerns as to the costs involved in bringing the matter before the Panel and were of the view that, in future similar cases, these should be passed on to the applicant.

 

RESOLVED :

 

THAT consideration of the imposition of a condition relating to the provision of a noise limiter on the renewal of the Public Entertainment Licence in respect of Club K, 2B Orchard Street, Newport be withdrawn.

 

           (b)       Application for the Grant of a Public Entertainment Licence for Chapter 1, 7 Palmerstone Road, Shanklin

 

The Panel received the application for the grant of a Public Entertainment Licence for Chapter1, 7 Palmerstone Road, Shanklin. The Strategic Director reported on a change to the times requested by the applicant. The application was now requested for the times:

 

                       Monday, Tuesday, Wednesday :       1200 hours - 2400 hours

                       Thursday, Friday, Saturday :             1200 hours - 0200 hours

                       Sunday :                                            1200 hours - 0030 hours

 

Twelve letters of objection to the original times had been received. The Hampshire Constabulary had expressed that they had no objection subject to the imposition on the licence of condition 1.8 of the Council’s Additional Conditions relating to the provision of CCTV and to condition 11 relating to the provision of Door Stewards. The comments of the Fire and Rescue Service were noted.

 

The Panel heard comments from the Environmental Protection Section who were opposed to the application due to insufficient information relating to the control of noise from the premises. They were of the view that a comprehensive noise assessment should be undertaken by a reputable noise consultant in order to determine those measures to prevent any unacceptable noise breakout and to the costs of such works being undertaken.

The local Councillor and three of the objectors were present and outlined the reasons for their objections. Photographs of residential properties which detailed their proximity in relation to the premises concerned were circulated to members of the Panel. The objectors present confirmed that their objections still stood even though the application now related to reduced hours. The Panel noted that concern regarding noise nuisance was a common theme to all those objections received.

 

The applicant was present and outlined his case and the measures taken in an endeavour to control the noise from the premises.

 

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had taken note of the objectors evidence and also the information supplied by Environmental Health as well as that provided by the applicant. The Panel considered that there was insufficient information to allow them to finally determine the application and that without a consultant’s report on noise assessment considered that the decision taken was correct and proportionate to the legitimate aim.

 

Once the consultant’s report had been obtained and considered by Environmental Health the Panel would be happy to have the matter referred to them, at the earliest opportunity.

 

RESOLVED :

 

THAT the application for the grant of a Public Entertainment Licence for Chapter 1, 7 Palmerstone Road, Shanklin be refused.

 

           (c)       Application by Mr & Mrs Rounsevell for a Private Hire Licence in respect of a Peugeot Expert adapted for Disabled Use

 

The Strategic Director referred to his report detailing the appeal against the Senior Licensing Officer’s refusal to grant a Private Hire Vehicle licence for a Peugeot Expert for not complying with the Council’s definition of a Suitably Adapted vehicle for disabled use. Details of a Turney swivel motorised car seat lift and that of an ELAP, a fitted rotating car seat were circulated to members of the Panel.

 

The Panel were reminded that the definition of a Suitably Adapted Vehicle for disabled use had been agreed by the Portfolio Holder for Transport following in-depth consultations with the trade and had been reported to the Hackney Carriage Working Party on 22 February 2002. The acceptable definition stated that the vehicle must have a British national type approval certificate from the Vehicle Certification Agency demonstrating that the vehicle was safe and complied with the M1 standards for taxis. The applicants letter seeking a Private Hire Vehicle Licence, however, referred to M2 specification.

 

The Panel viewed the vehicle concerned. Upon reconvening the applicants outlined their case and the reasons for their appeal against the decision of refusal by the Senior Licensing Officer.

 

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel were mindful and appreciative of the applicants intentions, but considered that they were bound by the Standards set by the Executive, following discussions with the Hackney Carriage Working Party, to maintain the safety of the general public in hired motor vehicles. The Panel recommended that the matter be referred back to the Hackney Carriage Working Party or to the Portfolio Holder for Transport for further consideration.

 

RESOLVED :

 

THAT the application for a Private Hire Licence in respect of a Peugeot Expert adapted for disabled use be refused.

 

           (d)       To consider whether Mr D P Stanton is a Fit and Proper Person to hold a Hackney Carriage/Private Hire Driver’s Licence

 

The Strategic Director reported on the application submitted by Mr D P Stanton for a Hackney Carriage/Private Hire Driver licence. The applicant confirmed that he was also known as Mr D P Mabey. The applicant also declared that he was known to Cllr J R Adams. However, it was agreed by all parties that Cllr Adams had neither a personal or prejudicial interest in the case.

 

The Panel, after adjourning to private session, were circulated with a list of police records of convictions, reprimands and warnings relating to the applicant. The applicant explained, in some detail, the circumstances relating to each of the convictions and answered a number of questions put to him by the Panel.

 

During private session, the Panel

 

RESOLVED :

 

THAT the spent convictions were of a nature relevant to dealing with members of the public and raised questions as to the applicants honesty, particularly as he would be dealing with money, and that these convictions should be taken into account during the consideration of the application for a Hackney Carriage/Private Hire Driver licence.

 

The Panel continued in private session where upon the applicant presented his reasons for appealing against the decision of the Senior Licensing Officer to refuse his application. The applicant, in support of his case, circulated a copy of a Sports Leader Awards logbook - Developing Leadership Through Community Sport and explained the circumstances relating as to how he achieved this award.

 

Upon reconvening in public it was indicated that the Panel had considered all the convictions before them, both spent and unspent and the representations of the applicant. In their view the number, seriousness and consistency of the convictions were such that it would not be in the interests of public safety to allow Mr D P Stanton to become a taxi driver at this time. The Panel were sympathetic with the applicants’ attempts to reform himself but did not feel that they could assist.

 

RESOLVED :

 

THAT the applicant is not considered to be a fit and proper person to hold a Hackney Carriage/Private Hire Driver licence.

 

32.      LIQUOR LICENSING REFORM


The Strategic Director gave a brief oral report on progress of the reform of liquor licensing regulations contained in the new Alcohol and Entertainment Licensing Bill. A timetable for the reform process was tabled, which had originated from the British Beer and Pub Associations (BBPA) and subsequently agreed by the DCMS as a possible target. It was noted that the Senior Licensing Officer had been appointed on to the Working Party of the Local Government Association Licensing Forum.


RESOLVED :

 

THAT the report be noted.

 

 

 

 

 

CHAIRMAN