MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 9 AUGUST 2002 COMMENCING AT 10.00 AM

Present :

Mr C Chapman ( Chairman), Mr J R Adams, Mrs M A Jarman, Mrs M J Lloyd, Mr R C Richards

Apologies :

Mr J Effemey, Mr A J Mundy, Mrs J White

Also Present (Non Voting) :

Mr D Knowles

 14.      MINUTES

RESOLVED :

THAT, subject to the addition on Mrs M A Jarman in the list of those present, the minutes of the meeting held on 19 July 2002 be confirmed.

15.      DECLARATIONS OF INTEREST

Mrs M A Jarman declared a personal and prejudicial interest in Minute No 16 (b) as a local member and as a member of the Parish Council.

16.      REPORTS OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

           (a)       Appeal Against Hackney Carriage and Private Hire Vehicle Conditions which Prevent the Licensing of a Kia Sedona for up to 6 Passengers

The Strategic Director of Finance and Information advised the Panel that he had been notified by the appellant Mr S Sharpe, of 44 Victoria Road, Newport, Isle of Wight that he was unable to attend the meeting. The Chairman agreed, therefore, for the appeal to be deferred.

RESOLVED :

THAT the appeal, by Mr S Sharpe, against the Senior Licensing Officer’s refusal to grant a Private Hire Vehicle licence for a Kia Sedona, for not complying with the Council’s Licence Conditions, be deferred.

           (b)       Application for the Grant of a Public Entertainment Licence for the Ocean Wine/Food Bar, 9 Pier Street, Sandown

(Mrs M A Jarman declared a personal and prejudicial interest and left the room for the discussion of the following item of business)

The Strategic Director of Finance and Information reported on the application submitted by Mr D Woodcock for the grant of a Public Entertainment Licence for the Ocean Wine/Food Bar, 9 Pier Street, Sandown, Isle of Wight. The Panel were reminded that consideration of the application has been deferred at the last meeting in order to enable proper consideration of the additional representations tabled by the applicant and of those received from Sandown Town Council and Environmental Health. The application had also been due to be heard on 11 January but had been adjourned at the applicants request.

Two letters of objection had been received. It was noted that a further objection received from Sandown Town Council had subsequently been withdrawn. The comments of the Environment Protection Section and the Isle of Wight Fire and Rescue Service were considered.

Miss Siddy, of Walter Gray and Co, solicitors, on behalf of Mr Troughton and the late Mrs Troughton’s Estate, objectors, addressed the Panel. The main reason for the objection was the level of noise emanating from the premises. The Applicant referred to the Re-Assessment Sound Report attached to his application and explained the works undertaken since the original airbourne noise tests, in January 2002, to limit sound coming from the premises. The Panel sought clarification as to whether the noise assessment had been carried out for both the lower ground level and the ground level of the Wine Bar. A copy of the original Sound Report carried out by Sound Advice was circulated to all parties. The Environmental Protection Section confirmed that the Hampshire Constabulary had raised no objections and that complaints of noise nuisance had only been received from the flats above the premises concerned. The Applicant highlighted that the premises was situated in the heart of Sandowns’ night time entertainment area and referred to other establishments in the vicinity.

The Panel adjourned to private session. Upon reconvening the Panel sought clarification as to their concerns with regard to the times requested by the Applicant for a public entertainment licence in relation to those hours set in the approved Liquor Licence.

The Panel then re-adjourned to private session. Upon reconvening in public the Applicant was advised that, the Panel, having heard all the evidence, including that of the objectors, felt that the noise could be effectively controlled by the conditions imposed and that public safety would be ensured by the completion of works required by the Fire Safety Officer. For the avoidance of doubt, the Head of Legal Services reminded the applicant that public entertainment could not take place until the conditions had been complied with in full.

RESOLVED :

THAT a provisional public entertainment licence be granted to the Applicants for the Ocean Wine/Food Bar, 9 Pier Street, Sandown, Isle of Wight on all days from the hours of 11.00 am to 23.00 pm, subject to the following conditions:

                                  (i)        The production of written confirmation from the Isle of Wight Fire and Rescue Service stating that all their required conditions have been met, this to include the construction of a fire proof lobby;

                                  (ii)       The installation of a noise limiter through which all amplified music will be channelled. Such limiter to be set at a level agreed with the Environmental Health Department.

           (c)       Conversion of ‘12' Cinema Classification into an Advisory ‘12A’

Members noted the letter dated 17 July 2002 from the British Board of Film Classification (BBFC), the body which classified films for cinema exhibition on behalf of Local Authorities in the United Kingdom. The letter advised of the anticipated conversion of the present mandatory ‘12' cinema classification into an advisory ‘12A’. The standards of acceptability applied to the new ‘12A’ would be identical to those presently applied to ‘12' rated films. The ‘12A’ would mean that children would be allowed into the cinema providing they were accompanied by an adult (over 18). This would bring the BBFC into line with arrangements in most European countries and Northern America.

RESOLVED :

THAT the report be noted.

           (d)       Council and Police Annual Licensing Report

The Panel received the joint report produced in accordance with the ‘Protocol of Enforcement’ between the Isle of Wight Council and the Hampshire Constabulary. Members were informed of the level of enforcement action that had been taken during 2000/2001 and noted how effective the Protocol was proving to be. The Protocol had ensured a consistent approach to enforcement and thereby had improved relationships with door stewards and licensees. In what was viewed as a positive step forward, this year the Isle of Wight Fire and Rescue Service had also requested to become signatories to the Protocol.

The Chairman, on behalf of the Panel, acknowledged the good work being undertaken by the Hampshire Constabulary and the Environmental Health department.

RESOLVED :

THAT the report be noted.

CHAIRMAN