Agenda and minutes

Cllr Peace submitted his apologies prior to the meeting, therefore Cllr Mosdell attended in his place. In the absence of the Chairman, Cllr Ward as Vice Chairman, took the Chair.

To confirm as a true record the Minutes of the meeting held on 19 May 2023.

RESOLVED:

THAT the minutes of the meeting held on 19 May 2023 be approved.

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

There were no declarations 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. The applicant advised that he understood the concerns raised by the objector and would do what was required to mitigate noise from the premises, no live music was planned and the area for smokers outside was set to try to eliminate people being able to wander around on the pavement outside the premises.

The Environmental Health officer advised that the concerns regarding noise had been considered and relevant conditions had been recommended.

The objector attended to outline objections to the application, regarding noise concerns to the adjacent property.

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:

          Grant the licence in accordance with the application, subject to those conditions proposed by the applicant within the operating schedule and also subject to the mandatory conditions specified in the Licensing Act 2003 but modified to such an extent as members have considered appropriate for the promotion of the 4 licensing objectives, by requiring the following conditions, namely those conditions agreed between the applicant and Environmental Health on page 47 and also those agreed with the Police on page 49 of the report.

reason:       

the conditions are attached as per reasons given within report in order to promote the Licensing objectives and in particular the prevention of public nuisance and the prevention of crime and disorder and are 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 must be made within 21 days of the date of notification.