MINUTES OF A MEETING OF THE LICENSING COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 6 JULY 2001 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams (except for Minute 2 (a)) Mr J A Bowker, Mrs M J Lloyd, Mr A J Mundy, Mrs J White

Apologies :

Mr J Effemey, Mrs D Gardiner, Mrs M A Jarman

RESOLVED :

THAT the minutes of the meeting held on 22 May 2001 be confirmed.

2. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) Application for the variation of the Public Entertainment Licence for The Balcony, The Pavilion, Esplanade, Ryde

The Director reported on the application for the variation of the Public Entertainment Licence for The Balcony, The Pavilion, Esplanade, Ryde. Sixteen letters of objection had been received to the application.

Four objectors were present and outlined to the Committee the basis of their concerns particularly in relation to noise nuisance. Mr B Monks, Chief Environment Protection Officer, advised members on the technical aspects of noise monitoring. Members were advised that monitoring equipment had been placed in one of the objectors homes to ascertain noise levels and the outcome of this was reported.

The applicant referred to work carried out to the premises which included the replacement of the existing ceiling tiles with new acoustic tiles which assisted in further reducing the emission of sound. An independent consultant regularly monitored the noise limiter.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing the submissions from all parties, noted that there had been only one noise objection in the past year and the applicant had been fully compliant with all licence conditions. It had not been fully established that the noise complained of by the objectors emanated from the applicants premises. It was therefore :

RESOLVED :

THAT the variation of the public entertainment licence be granted in respect of The Balcony, The Pavilion, Esplanade, Ryde for :

Sunday : 1200 hours - 0030 hours the following morning

Sundays preceding a Bank Holiday (except Easter Sunday) : 1200 hours - 0200 hours the following morning.

No change to the hours for Monday - Saturday.

(b) Application for the renewal of the Public Entertainment Licence for Westfield Leisure Centre, Shore Road, Bonchurch

The Director informed members that following the withdrawal, by the Police, of their objection to the application for the renewal of the Public Entertainment Licence for Westfield Leisure Centre, Shore Road, Bonchurch and after consultation with the Chairman, the matter could now be dealt with under delegated powers.

RESOLVED :

THAT the report be noted.

(c) To consider whether Mr R A Jackson is still a fit and proper person to hold Hackney Carriage Vehicle and Driver Licences and to consider what action to take after he was convicted of driving without due care and attention and for breach of a Hackney Carriage/Private Hire Driver Condition

The Director reported that Mr R A Jackson had been convicted of driving without due care and attention following an accident and had failed to notify the Council of the conviction.

Mr Jackson explained the circumstances of the offence and clarified a number of issues raised by the Committee.

The Committee adjourned to private session. Upon reconvening in public the applicant was advised that the Committee had to take into account the issues of public safety. It felt that the applicant has shown a lack of regard in this respect. It was also concerned over the lack of regular maintenance and care of the applicant's vehicles and considered that these should be subject to more regular compliance tests. It was therefore :

RESOLVED :

(i) THAT Hackney Carriage/Private Hire Driver licence no. 162/00 issued to Mr R A Jackson be suspended for a period of one month.

(ii) THAT vehicle plates nos. 118 and 151 shall be compliance tested immediately and thereafter all three vehicles, including plate no. 51, shall be compliance tested at three monthly intervals for the next twelve months, at the proprietors expense.

(d) Application for the renewal of the Public Entertainment Licence for Rose Inn, Pier Street, Ventnor

The Director reported on the application for the renewal of a Public Entertainment Licence for Rose Inn, Pier Street, Ventnor.

One letter of objection had been received. The objector was not present at the meeting but his letter was read out in his absence.

The applicants and their representative outlined their case.

The Committee adjourned to private session. Upon reconvening the Committee indicated that there had been no noise objections received in the last year, the police had no objections and the applicants had been fully compliant with all licence conditions. It was therefore :

RESOLVED :

THAT the renewal of the public entertainment licence be granted in respect of the Rose Inn, Pier Street, Ventnor for :

Tuesday - Saturday : 1100 hours - 0100 hours the following morning.

CHAIRMAN