MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 9 MARCH 2004 COMMENCING AT 10.00 AM

 

Present :

 

Mr C B W Chapman (Chairman), Mr  J  Effemey, Mrs  M  A  Jarman, Mr C Lillywhite, Mr R G Mazillius, Mr R C Richards

 

Apologies :   

                       

                        Mr M C Cunningham, Mrs M J Lloyd, Mr A J Mundy,

 

Also Present : (Non Voting)

 

                        Mr J A Bowker, Mr A A Taylor

 


     


38.             MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 27 February 2004 be confirmed.

 

39.             DECLARATIONS OF INTEREST

 

Mr R G Mazillius reported on a telephone conversation he had held the previous evening. In the light of that conversation he declared a non-pecuniary interest in Minute No 40 and withdrew from the meeting room prior to any discussion or voting on this item.

 

40.             REPORT OF THE HEAD OF CONSUMER PROTECTION

 

The Chairman welcomed to the meeting the applicant, Mr B Leal, his legal representative, Mr S Drake and the owner of the premises Mr M Goldstone.

 

The Panel were referred to the report of the Head of Consumer Protection setting out details of the application for the renewal of a Public Entertainment Licence for Goldies, 74 Union Street, Ryde and the reasons as to why the recommendation was for refusal.  Members were advised that guidance in the Local Government Act 1982 mentioned the need for a licence to be held by a fit and proper person only in the case of the grant of a provisional licence.  However, it was considered to be surprising if the need did not also relate to a full licence.  The burden of proof fell to the applicant and should be considered on the balance of probability.

 

Members were informed that the times requested by the applicant were to now be the same as the existing licence.  These being

 

Monday – Tuesday:              1100 hours – 2300 hours

Wednesday – Saturday :      1100 hours – 0200 hours the following morning

Sunday :                                 1200 hours – 2400 hours

 

Over a period of time there had been a number of alleged breaches of legislation and the history of concerns were reported in further detail.   A further unsubstantiated

noise complaint, recently received, was also reported.

 

Members received a video presentation, which was taken by a CCTV camera situated outside the premises concerned, commencing at 2.10 am on the morning of 22 November 2003 and related to the alleged breach of PEL additional licence condition 1.9.

 

The Panel noted that due to the change in hours requested, the comments of the Council’s Environmental Protection Section and those submitted by a local resident were no longer relevant.  Clarification was sought with regard to certain conditions of the Special Hours Certificate, which although not an issue of concern for the Panel, could lead them to believe that the applicant should be considered unfit to hold a public entertainment licence. 

 

The Hampshire Constabulary had provided written objections to the application. Sgt G R Mudge was present and referred to the chronological list of events, attached as an appendix to the report, in outlining the reasons for objection.

 

The Council’s Environmental Health technician was present and reported on the incident of noise nuisance, which took place on 18 September 2003.

 

The applicant’s representative presented the case for the renewal of the licence.  A copy of a letter from a nearby resident, expressing support providing that the existing times and conditions remained unchanged was circulated to all parties.  The Panel noted the improved pre performance checks and the procedures undertaken during any entertainment, which were now in place.   The licensee was also due to undertake the British Institute of Innkeepers (BII) National Certificate of Entertainment.  

 

The Panel and the applicant and his representative agreed for Mr A A Taylor to remain present, for training purposes, when the Panel adjourned to private session.  It was confirmed that Mr Taylor would take no part in the discussion or voting thereon the application.

 

The Panel adjourned to private session.  Upon reconvening in public it was indicated that the Panel had heard the evidence from the Council’s Licensing Officer, in his balanced report, Sgt Mudge of the Hampshire Police Authority, the Council’s Environmental Protection Section and the applicant’s legal representative and had considered the issues raised in that evidence that were specifically relevant to the Local Government Act 1982.  The Panel had, however, general concerns regarding the ongoing management of the premises hence the decision agreed.  In the light of that decision the Panel had approved the additional condition, in that the licensee(s) of the premises must undergo the British Institute of Innkeepers (BII) National Certificate of Public Entertainment.  The Panel considered that the implications under the Human Rights Act had been properly carried out and that the decision was proportionate to the legitimate aim of the Council.

 

 

 

RESOLVED :

 

            THAT the application to renew the Public Entertainment Licence for Goldies, of 74 Union Street, Ryde be approved for the current hours with no variation, as requested by the applicant at the meeting, for a period of six months subject to the Council’s standard terms and conditions and an additional condition that the licensee(s) of the premises undertake the British Institute of Innkeepers (BII) National Certificate of Public Entertainment.

 

 

 

 

 

CHAIRMAN