Agenda and minutes

To note any changes in membership of the Committee made in accordance with Part 4B paragraph 5 of the council’s Constitution.

To confirm as a true record the Minutes of the meeting held on 28 April 2023.

RESOLVED:

THAT the minutes of the meeting held on 28 April 2023 be approved.

To invite Members to declare any interest they might have in the matters on the agenda.

There were no declarations received at this stage.

To consider any matters which, in the Chairman’s opinion, are urgent.

There were no items of Urgent Business.

The Licensing Officer presented the report and summarised the application.

There had been a number of representations both in objection and in support of the application. Due to noise complaints received. The applicant advised that they had done some work to reduce the music level in the garden and they also asked people to vacate the garden area at approx. 9.45 - 9.50pm to ensure the garden is empty by 10pm.

The Environmental Health Officer advised that complaints had been received regarding the premises, noise assessments had been undertaken and relevant conditions had been recommended.

The objectors attended to outline their objections to the application, advising that they had noticed a reduction in noise during the last few weeks.

The Committee retired to private session to consider their decision, and upon reconvening it was

RESOLVED:

THAT upon receiving the report of the licensing section, oral and written evidence from the applicant, responsible authorities and other persons, and having regard to the Guidance issued under s182 of the Licensing Act 2003 and the Isle of Wight Council’s Statement of Licensing Policy, the sub-committee hereby:

1.       Grant the variation in accordance with the application, subject those conditions identified in the operating schedule and also subject to the mandatory conditions specified in the Licensing Act 2003 but modify the licence to such an extent as members have considered appropriate for the promotion of the 4 licensing objectives, namely by requiring the application of and amendment to the proposed conditions on page 42 of the report as follows: -

(1)  The use of the external area referred to as the ‘garden area’ hereby permitted and marked [and at this point the committee ask the licensing authority to insert correct marking] on the accompanying plan, shall be open to customers between the hours of 0900 until 2200 on each day only.

(2)  The use of the external area referred to as the ‘upper garden area’ hereby permitted and marked [and at this point the committee ask the licensing authority to insert correct marking] on the accompanying plan, shall be open to customers between the hours of 0900 until 2200 on each day only.

(3)  The service of food and drink intended for consumption on the outside parts of the premises is to occur only to patrons seated at tables.

(4)  Condition 4 shall remain unchanged and shall apply to the licence.

reason:       

as per reasons given within same report in order to promote the Licensing objectives and in accordance with the Isle of Wight Councils Statement of Licensing Policy and the s182 guidance.

In reaching the above decision the sub-committee have had regard to the Human Rights Act 1998, and in particular Article 1 of the First Protocol, Article 8 and Article 6.  The sub-committee consider this decision is proportionate and appropriate for the promotion of the 4 licensing objectives under the Licensing Act 2003.

There is a right of appeal to the Magistrates Court if anyone is dissatisfied with this decision and any appeal  ...  view the full minutes text for item 6.