MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 8 JUNE 2004 COMMENCING AT 10

5. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 11 May 2004 be confirmed.

6. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr R G Mazillius declared a prejudicial interest in Minute No 7c as several of the objectors were known to him, either through his membership of other organisations or as a personal friend.

Mrs M L Lloyd declared a personal interest in Minute No 7c as the applicant was known to her.

7. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Appeal against the Licensing Officer’s Refusal to Grant a Hackney Carriage Vehicle Licence for a Rear-Loading Wheelchair Accessible Fiat Doblo Eurocab Taxi

The report of the Head of Consumer Protection was referred to which set out details of an appeal by Mr K Smith, of Ryde Taxis against the Licensing Officer’s refusal to grant a Hackney Carriage vehicle licence for a rear-loading wheelchair accessible Fiat Doblo Eurocab. The application had been refused as it was felt that the vehicle would require extra rank space and due to it being rear loading, the possible safety implications for disabled passengers if accessing the vehicle from the road.

Copies of the National Private Hire Association newspaper were circulated to the Panel which contained pictures of the seating plan of a car of similar design to a Fiat Doblo Eurocab and of the position of the ramps for use in the egress and ingress of wheelchairs. Members noted that the vehicle had received a British National Type Approval certificate for a low volume motor vehicle.

The applicant, Mr K Smith of Ryde Taxis, was present, together with Mr T Baker, a partner in the company, and outlined their case. Mr G Barron, a local taxi proprietor also spoke in support of the appeal.

The Panel expressed the need for the Council’s policy to be reviewed in the light of the high quality standard of vehicles now available on the market. The difficulty in making a decision without the presence of the vehicle concerned was also highlighted.

Following the presentations and questions by both parties and questions by the Panel it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED ;

THAT under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for part of this item, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 9 of Part 1, of Schedule 12A of the Act.

Upon reconvening in public it was indicated that the Panel had considered all the evidence from the Licensing Officer, applicant and supporter. The road safety issues raised by the report had been carefully considered and the Panel felt that the fact that the likelihood of the vehicle being flagged down for wheelchair use was minimal, which was an important factor. The Panel had also noted that the Principal Road Safety Officer had made no comment and that the applicant had offered to carry and to use warning triangles when loading wheelchairs. The Panel considered that their decision was reasonable, proportionate and in accordance with the legitimate aim of the Council.

RESOLVED :

THAT the appeal, against the Licensing Officers’ decision to not grant a Hackney Carriage Vehicle Licence for a rear-loading, wheelchair accessible Fiat Doblo Eurocab Taxi, be upheld.

(b) Appeal against the Hackney Carriage & Private Hire Vehicle Licence Conditions, which prevent the Licensing of a Volkswagen Caravelle with Wheelchair Access for up to a Maximum of 8 Passengers

Members received the report of the Head of Consumer Protection detailing the appeal against the Licensing Officer’s refusal to grant a Hackney Carriage or Private Hire vehicle licence, for a Volkswagen Caravelle with wheelchair access for up to a maximum of 8 passengers. The application had been refused as the vehicle did not comply with the Council’s licence conditions, in that not all the seats faced the front of the vehicle and that it had tip-up seats.

The Panel adjourned to view the vehicle. Upon reconvening, the applicant Mr Betty, of “Bernard Mansell”, Northampton presented his case supported by Mr G Barron, a local taxi proprietor. The Panel noted that safe ingress and egress of passengers could be made by both the side and rear doors in the case of an emergency. The Licensing Officer agreed that a review of the Council’s existing policy to reflect the modern, quality purpose built cars now available would be prudent.

Following the presentations and questions by both parties and questions by the Panel it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED ;

Upon reconvening in public it was indicated that the Panel had viewed the vehicle and listened to the presentation from the applicant, a supporter and also the evidence from the Licensing Officer. The vehicle, as presented, with partition and other extras provided sufficient support for the Panel, in this specific instance, to override the current licensing conditions. The Panel considered that the decision was reasonable, proportionate and in accordance with the legitimate aim of the Council.

RESOLVED :

THAT a Hackney Carriage or Private Hire driver licence in respect of the vehicle as displayed today, a Volkswagen Caravelle, with wheelchair access for up to a maximum of 8 passengers, be approved.

Mr R G Mazillius having earlier declared a prejudicial interest left the meeting room and therefore took no part in the discussion or the decision making thereon.

The Head of Consumer Protection reported on the application received for the grant of a Public Entertainment Licence (PEL) for Club House, 26 Newport Road, Cowes. The Panel noted that, should the application be successful, a further application would be made to the Magistrates’ Court for a Special Hours Certificate. This would allow for alcohol to be served for the same hours as the PEL. Four further letters of objection, which had been received in time, were circulated to all parties present, together with a synopsis of the complaints received by the Council’s Environmental Health department between March 2002 and November 2003, a set of photographs submitted by the Licensing Officer and a further set of photographs submitted by an objector. A plan of part of Cowes was displayed depicting the premises and surrounding area. Members were advised that the premises had previously been known as Cowes Social Club.

The Hampshire Constabulary, the Isle of Wight Fire and Rescue Service, the Council’s Environmental Protection Section, Cowes Town Council had all submitted formal letters of objection to the application. The Panel were also advised that, contrary to the report, the local Councillor had in fact submitted an objection within the prescribed time limit and this was included within the papers attached to the agenda. Following an advertisement in the County Press, 36 letters and one petition had been submitted objecting to the proposal.

An officer from the Environmental Health section was present and outlined his concerns particularly with regard to noise breakout and for the need for a comprehensive noise assessment to be undertaken to identify appropriate controls and any necessary works to ensure no unreasonable disturbance to neighbouring premises.

Sergeant Croshaw, of the Hampshire Constabulary was present and highlighted the concerns of the police, which centred around the likelihood of an increase in crime and disorder and the inherent impact this would have on Police resources.

The applicant, Mr S Reynolds and his representative Mr B Oxford were present and outlined their case. It was explained that, subject to the application being approved, it was planned to hold discos only at the premises, not to have live bands. The targeted audience would be the local Cowes residents and the visiting yachting fraternity. Details were provided of the planned measures to be undertaken in order to prevent any noise nuisance and to prevent disturbance to local residents. The Panel noted the reasons as to why a noise assessment had not been undertaken.

The local Member was present and, on behalf of local residents, outlined the reasons for objecting to the application. In particular those relating to the proximity of residential buildings, the possible increased strain on parking facilities in the area and perceived problems associated with noise.

A representative of the Cowes Town Council was also present and highlighted their objections to the application.

A number of Members of the public, who had submitted written objections, also addressed the Panel highlighting their reasons of objection.

Following the presentations and questions by both parties and questions by the Panel it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED ;

Upon reconvening in public it was indicated that the Panel had considered the information provided by the applicant and had also listened to the Licensing Officer, the Environmental Health Officer, the Police and an unprecedented number of objectors. The Panel considered that there was insufficient information available concerning remedial action relating specifically to noise and to ventilation and to the management qualifications of the applicant. Whilst the Panel accepted that they could not take into account any adverse comments concerning the current management they had, however, taken on board comments made by the Police concerning crime and disorder and the fact that the building was bounded by residential properties. The Panel were of the view that the decision was reasonable and proportionate to the legitimate aim of the Council.

RESOLVED :.

THAT the application for the grant of a Public Entertainment Licence for Club House, 26 Newport Road, Cowes be refused.

CHAIRMAN