Venue: Anglia Room, Committee Suite, Breckland Council, Elizabeth House, Walpole Loke, Dereham, NR19 1EE
Contact: Committee Services Tel: 01362 656870
The following persons were in attendance to speak:
Mr G Fossitt
Mr J Smith (Poppleston Allen Solicitors)
Mr P Lamb (Country Estate Pubs Ltd)
Mr T Colman
Mrs M Colman
Mrs G Roberts
Mr R Williams
Mrs L Williams
Ms N Knight
Mr E Heath
The hearing was conducted in accordance with the procedures as set out in the Agenda.
This application is granted as sought with the amended conditions noted below under “reasons for the decision”.
Findings of Fact
It was not in dispute that this application had not attracted any representations from the responsible authorities. No significant breach of conditions under the previous licence were found proved. An email presented by a local resident confirmed that monitoring of noise had been carried out but noise nuisance had not been established after the Environmental Health Department had reviewed the data obtained. A local resident’s concerns regarding light pollution could be dealt with under proposed conditions without amendment.
Reason for the Decision
This is a new application, but based on a long standing premises licence.
The Licensing Sub-committee have listened to the applicant, to local residents and have read the papers submitted.
The Committee were directed to paragraphs in our local policy and national guidance together with the Live Music Act and have considered these.
There were no representations from the Police, Environmental Health Department or from Trading Standards, and weight had been given to the lack of these representations. The responsible authorities appear to be of the view that the premises would be well run.
There were concerns regarding noise and breach of conditions. The Committee did not find proved any breach of conditions and noted that in any event this was a new licence. There were historic concerns with the opening of doors and windows but we did not find this sufficient to refuse the application.
Regarding amplified noise there was a dispute as to the level of noise nuisance but committee noted that Environmental Health Officers had not found noise a nuisance and raised no representations.
The Committee thought that the removal of the use by customers of the beer garden and patio past 23:00 would greatly assist concerns regarding noise as would more efficient shutters. The Committee did not find there was sufficient need to insert a further condition to control noise via a noise limiter.
The Committee noted that the behaviour of customers once they were outside the control of the premises licence holder should not be the subject of conditions placed on the premises licence.
The existence of the review procedure to deal with activities at these premises causing concern to local residents including the permissions contained in the Live Music Act was noted.
Therefore the Licensing Sub-Committee imposed the following conditions:
After 23:00 the patio and beer garden areas will not be used by patrons. Those patrons wishing to smoke will use the rear car park. Notices will be displayed at exits to the patio and ... view the full minutes text for item 1.