MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 9 NOVEMBER 2001 COMMENCING AT 10.00 AM
Present :
Mr C B W Chapman (Chairman), Mr J Effemey, Mr E Fox, Mrs D Gardiner, Mrs M A Jarman, Mrs J White
Also present :
Mr A A Taylor
RESOLVED :
THAT the minutes of the meeting held on 12 October 2001 be confirmed.
17. REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION
(a) Application for the Grant of a Wheelchair Accessible Hackney Carriage Vehicle Licence for the Former Urban District of Cowes - Mr R P G Coombes
The Panel was advised that an application had been received from Mr R P G Coombes for the grant of a wheelchair accessible hackney carriage vehicle licence in the former Urban District of Cowes. Members were reminded of the decision taken at the last meeting to defer a number of similar applications pending the outcome of consultations between the Council and the recently formed Hackney Carriage Association.
Mr Coombes indicated that he was aware of the situation but requested that, as his application was in respect of a wheelchair accessible vehicle rather than a suitably adapted vehicle, this be considered by the Panel.
The Panel adjourned to private session to receive legal advice. Following reconvening in public it was indicated that, after taking into account the decision of the meeting held on 12 October 2001, human rights and the rules of natural justice, it would be inappropriate to consider this application as it would give an unfair advantage over those applications which have been deferred.
RESOLVED :
THAT the application be deferred until the meeting of the Panel on 14 December 2001.
(b) Application for the Grant of a Wheelchair Accessible Hackney Carriage Vehicle Licence for the Former Urban District of Newport - Mr R P G Coombes
The Panel was advised that an application had been received from Mr R P G Coombes for the grant of a wheelchair accessible hackney carriage vehicle licence in the former Urban District of Newport. Members were reminded of the decision taken at the last meeting to defer a number of similar applications pending the outcome of consultations between the Council and the recently formed Hackney Carriage Association.
Mr Coombes indicated that he was aware of the situation but requested that, as his application was in respect of a wheelchair accessible vehicle rather than a suitably adapted vehicle, this be considered by the Panel.
The Panel adjourned to private session to receive legal advice. Following reconvening in public it was indicated that, after taking into account the decision of the meeting held on 12 October 2001, human rights and the rules of natural justice, it would be inappropriate to consider this application as it would give an unfair advantage over those applications which have been deferred.
RESOLVED :
THAT the application be deferred until the meeting of the Panel on 14 December 2001.
(c) Application for the Grant of a Licence for a Suitably Adapted Hackney Carriage Vehicle Licence for the Former Urban District of Cowes - Mr J Beaman
The Strategic Director indicated that he had been notified by the applicant, Mr Beaman, that he was unable to attend the meeting. The Panel adjourned to private session to receive legal advice and upon reconvening in public it was indicated that, after taking into account the decision of the meeting held on 12 October 2001, human rights and the rules of natural justice, it would be inappropriate to consider this application as it would give an unfair advantage over those applications which have been deferred.
RESOLVED :
THAT the application be deferred until the meeting of the Panel on 14 December 2001.
(d) To Consider Whether Mr R F Moule is Still a Fit and Proper Person to Hold a Hackney Carriage/Private Hire Driver Licence and a Hackney Carriage Vehicle Licence
Prior to considering this matter the Chairman agreed to a short adjournment to enable the Senior Licensing Officer to explain details of a Driver Rectification Course to Mr Moule.
The Strategic Director reported that Mr R F Moule had been convicted of a speeding offence resulting in a total of 12 points on his licence and had received a two month ban. Members were advised that Mr Moule's hackney carriage/private hire driver licence had been suspended by the Licensing Committee at its meeting on 4 May 2000 on the grounds of public safety for similar offences.
The Panel was advised of the Council's Guidelines on the Relevance of Convictions and in the light of this whether Mr Moule could still be considered as a fit and proper person to hold a hackney carriage/private hire driver licence and a hackney carriage vehicle licence.
Mr Moule explained the background to his recent offence and clarified a number of related issues for the Panel.
The Panel adjourned to private session and upon reconvening in public it was indicated that after taking into account the Council's Guidelines relating to the relevance of convictions it is considered that Mr R F Moule was not deemed to be a fit and proper person to hold a hackney carriage/private hire driver licence and a hackney carriage vehicle licence and it had therefore been :-
RESOLVED :
THAT the Hackney Carriage/Private Hire Driver's licence number 358/01 issued to Mr R F Moule be suspended and that Mr Moule be required to successfully complete a Driver Rectification Course with the Council's Road Safety Department before his licence is re-instated and the cost of this be borne by him.
(e) Application for the Grant of a Public Entertainment Licence for Yelfs Cellar and Tap Bar, 53b Union Street, Ryde
The Strategic Director reported on an application for the grant of a public entertainment licence for Yelfs Cellar and Tap Bar, Union Street, Ryde. Sixteen letters of objection had been received. Although the Police had not objected comments relating to the provision of CCTV and door stewards had been received. A copy of the relevant letter together with a response from the applicant's representative on this and the matters raised by the Environment Protection Section was circulated. Comments were still awaited from the Fire and Rescue Service.
The local member for the area expressed the concerns of residents about the noise nuisance and unruly behaviour that could arise if the application was approved.
Three objectors were present, Mrs C Goss, Mr N Poerscout-Edgerton and Mrs L Coterill representing the Brigstock Terrace Management Committee, and were invited separately to outline their concerns. A number of points that were raised by the objectors were clarified and in particular plans were displayed indicating the entrances and exits, including fire exits, from the premises.
The owner of the premises, the applicant and their representative outlined the the case for the application. The conditions requested by the Police and Environmental Protection Section would be implemented. It was noted that action could also be taken to link the rear fire exits to the sound limiter to overcome some of the concerns expressed by local residents.
The Panel then adjourned to private session. Upon reconvening in public it was indicated that as the result of there having been no sustainable objection presented to the Panel, but having taken into account the comments of the Environment Protection Section and the Police, it had been :-
RESOLVED :
THAT a public entertainment licence be granted for the hours requested by the applicant as follows :-
Monday - Wednesday: 1030 hours - 2300 hours
Thursday - Saturday: 1030 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
subject to the installation of a noise limiter (with a link to the rear fire exits), ventilation and CCTV to the satisfaction of the Environmental Protection Section of the Council together with the provision of registered door stewards, no admission/readmission after 0100 hours and any conditions imposed by the Fire and Rescue Service.
(f) Application for Renewal and Variation of the Public Entertainment Licence for JC's Café and Bar, 23A Union Street, Ryde
The Strategic Director reported on an application received in respect of the renewal and variation of the public entertainment licence for JC's Café and Bar, 23A Union Street, Ryde. One objection had been received but the person was not present at the meeting.
The applicant and her representative outlined the case for approving the renewal with a variation in the hours for Sunday's.
The Panel adjourned to private session. Upon reconvening in public it was indicated that as the result of there having been no sustainable objection presented to the Panel it had been :-
RESOLVED :
THAT a public entertainment licence be granted for the hours requested by the applicant as follows :-
Monday - Saturday :1030 hours - 0200 hours the following morning
Sunday: 1200 hours - 0300 hours the following morning
Sundays preceding a Bank Holiday (excluding Easter Sunday) : 1200 hours - 0200 hours the following morning
subject to the existing conditions.
CHAIRMAN