#Minutes

PAPER L

MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 11 JANUARY 2002 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams (for Minute 24 (a)), Mr J A Bowker, Mr J Effemey, Mrs M A Jarman (for Minute 24 (b, c, d)), Mrs M J Lloyd, Mr A J Mundy

Apologies :

Mrs J White

22. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 14 December 2001 be confirmed.

23. DECLARATIONS OF INTEREST

Mrs M A Jarman declared a interest in Minute 24 (a) - Ocean Wine/Food Bar, 9 Pier Street, Sandown.

Mr J Murphy, Senior Licensing Officer declared a interest in Minute 24 (a) - Ocean Wine/Food Bar, 9 Pier Street, Sandown.

24. REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

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

(Mrs M A Jarman and Mr J Murphy declared an interest in this item and left the room).

The applicant requested an adjournment as he had appealed against a nosie abatement notice that had been served. He had requested the adjournment until after the hearing.

RESOLVED :

THAT the application be adjourned until after the magistrates hearing.

(b) Application for the Grant of a Public Entertainment Licence for the Three Bishops, Main Road, Brighstone

The applicants had asked for a deferment as they were unable to attend for this meeting.

RESOLVED :

THAT the application be deferred to the next meeting of the Licensing Panel due to be held on 1 February 2002.

The Panel were advised that the application for the grant of a Public Entertainment Licence was invalid and could not be dealt with at this time. A deferral was asked for.

RESOLVED :

THAT the application be deferred to a subsequent meeting of the Panel.

(d) Application for the Renewal of the Public Entertainment Licence for the Balcony, The Esplanade, Ryde

The Director reported on an application for the renewal of a Public Entertainment Licence for The Balcony, The Esplanade, Ryde. Five letters of objection had been received.

There were no objectors present at the meeting. Mr B Monks, Chief Environmental Protection Officer, advised members there had been no noise nuisance complaints in the last year.

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

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had, after hearing the submissions from all parties noted that there had been no noise complaints reported to the Environmental Health Department in the past year and the applicant had been fully compliant with all licence conditions, it was also noted that there were no objections from Hampshire Constabulary or the local member. Further it had not been substantiated by the Environmental Health Department that the noise complained of by the objectors amounted to a nuisance. It was therefore :

RESOLVED :

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

Monday - Saturday : 1100 hours - 0200 hours the following morning.

Sunday : 1200 hours - 0030 hours the following morning.

Sundays preceding a Bank Holiday (excluding Easter Sunday) :

1200hours - 0200 hours the following morning.

CHAIRMAN

MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 25 JANUARY 2002 COMMENCING AT 11.20 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams, Mr J A Bowker, Mr J Effemey, Mrs M J Lloyd, Mr A J Mundy

Also Present (non voting) :

Mr M J Cunningham, Mr A F Tiltman

Apologies :

Mrs M A Jarman, Mrs J White

25. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 11 January 2002 be confirmed.

26. APPLICATION FOR THE GRANT OF A STREET TRADING CONSENT

The Strategic Director of Finance and Information reported on an application for the grant of a Street Trading Consent for the re-siting of Newport Market in St James’ Square, St Thomas’ Square and the High Street, Newport. Seven letters of objection/comment and one letter of support had been received.

The Police outlined their concerns and the Council’s Principal Traffic Engineer advised the Panel on the Experimental Traffic Order that was to be implemented for the duration of the trial. There was one objector present who outlined his concerns with regard to the operation of local bus services whist the market was present.

The applicant advised the Panel that the proposals had been the subject of a wide consultation exercise and clarified several issues that the Panel raised.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had listened carefully to the application and the comments of the objectors. The Panel took particular note that the application was for a monitored 13 week period and the applicant was prepared to look at alternative siting options in the trial period. There were no objections to the siting of the market in the Squares and the High Street per-se.

RESOLVED :

THAT the Street Trading Consent be granted for :

A weekly market on Tuesday’s for a period of 13 consecutive weeks commencing Tuesday, 5 February 2002. The hours of the market are that setting up will commence not before 0700 hours, trading will start not before 0800 hours, trading will cease at 1430 hours and the designated area (St James’ Square, St Thomas’ Square and part of High Street, Newport) will be completely cleared by 1600 hours.

CHAIRMAN

MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 1 FEBRUARY 2002 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams, Mr J Effemey, Mrs M J Lloyd, Mr A J Mundy

Apologies :

Mr J A Bowker, Mrs M A Jarman, Mrs J White

27. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 25 January 2002 be confirmed.

28. REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

(a) To Consider Whether Mr P Wareing is Still a Fit and Proper Person to Hold a Hackney Carriage Vehicle Licence

The Director of Finance and Information reported that Mr P Wareing, Hackney Carriage Vehicle licence no. 161, registration no. N926 FRK, had been suspended on 21 January 2002 after failing the Council’s compliance test for having 3 illegal tyres and defective nearside rear suspension bush.

Mr Wareing explained the circumstances that related to the contravention and clarified a number of issues raised by the Panel.

The Panel adjourned to private session. Upon reconvening in public the applicant was advised that the Panel had listened carefully to all the evidence presented and the decision reflected the Panels concern for the safety of the public.

Mr Wareing was also advised that if he appeared before the Panel again in respect of a similar matter he should expect the penalty to include suspension or revocation of his licence.

RESOLVED :

(i) THAT a written warning be issued with regards to Mr P Wareing’s future conduct as a licensed Hackney Carriage Proprietor.

(ii) THAT Mr P Wareing’s Hackney Carriage Vehicle passes a Certificate of Compliance test every six months at his own expense, for the next three years.

(iii) THAT Mr P Wareing produce maintenance records for his Hackney Carriage Vehicle every six months for the next three years, for inspection at the Council offices.

(b) Application for the Grant of a Public Entertainment Licence for the Three Bishops, Main Road, Brighstone

The Strategic Director of Finance and Information reported on an application for the grant of a Public Entertainment Licence for the Three Bishops, Main Road, Brighstone.

Two letters of comment had been received. The authors of the letters were not present at the meeting.

The applicant and her agent were present and outlined their case.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had listened carefully to all the evidence presented and the decision reflects the fact there have been no recorded noise complaints since the applicant took over the premises and there were no sustainable objections.

RESOLVED :

THAT a Public Entertainment Licence be granted in respect of the Three Bishops, Main Road, Brighstone for :

Saturday and Sunday : 2100 hours - 0030 hours the following morning on the same terms and conditions of the previous licence.

(c) To Consider Whether Mrs G Quilter and Mr A Quilter are Still Fit and Proper Persons to Hold Hackney Carriage Vehicle Licences and Private Hire Vehicle Licences

The Senior Licensing Officer indicated that since preparing the report hackney carriage licence numbers 37, 40 and 42 in respect of Mr A Quilter and Mrs G Quilter had been transferred to Mr J Quilter. Mr J Quilter was present at the meeting and stated the he was representing Mrs G Quilter on this matter due to her medical condition. Mr J Quilter also stated that Mr A Quilter was unable to be present due to another engagement.

The Chairman believed that in the absence of Mr A Quilter and the need to clarify the position in relation to Mrs G Quilter it would be necessary to defer the matter to the next meeting. This would enable Mrs G Quilter and Mr A Quilter to confirm in writing that Mr J Quilter would be representing them.

RESOLVED :

THAT the matter be deferred to the next meeting.

29. MEMBERSHIP OF THE PANEL

Members expressed concern that there was still a vacancy on the Panel and this made the work of the Panel difficult.

CHAIRMAN