Venue: Dereham Room, the Conference Suite, Dereham
Contact: Democratic Services Tel: 01362 656870
To receive apologies for absence.
Declaration of Interests
The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011. Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.
The Hearing was conducted in accordance with the procedure as set out in the Agenda.
The following persons were in attendance:
Premises Licence Holder
The Licensing Panel granted the premises licence subject to the additional conditions agreed with Norfolk Constabulary and Breckland Environmental Protection Officer.
· An incident and refusals book shall be kept and made available for inspection by regulating authorities.
· CCTV shall be maintained in working order and footage stored for 28 days as per Home Office guidance. This footage shall be provided to Police on reasonable request.
· All windows must be closed during live or recorded music. All external doors must remain closed during regulated entertainment except for access and egress. Regular half hourly checks by the DPS or persons authorised on their behalf must be made to ensure this condition is complied with.
The premises shall not generate noise, measured as a 5 minute LA10, which exceeds the representative background noise level LA90, by more than 5dB. The noise level should be measured using the principles contained in BS4142 and shall be measured over 1 hour between the hours of 07:00 and 19:00 and over 5 minute periods between the hours of 19:00 and 07:00. The noise level should apply at all times regulated entertainment takes place.
Reason for decision
The Committee considered the oral and written representations presented by all the parties, attaching weight as appropriate, and also considered the Licensing Act 2003 (“the Act”) and its regulations, the statutory guidance under Section 182 of the Act, and the Council’s own statement of licensing policy.
The Committee noted the concerns of the local residents regarding loud music and noise from people leaving the premises and 1 mention of crime and disorder.
The Committee noted that there is an existing premises licence and that the premises has been closed for several years whilst it was being refurbished. Customers previously used an outside area which is described as a “tin shed” and was prone to noise amplification. This structure has been replaced by a new building which is the extension to the existing Public House, this brand new building is double glazed and has met the current Building Regulations.
The Committee determined that the conditions stated above in “Decision” section of this notice, were appropriate for the promotion of the Licensing Objectives and proportionate to what it is intended to achieve. These conditions would address the concerns raised by the local residents. The Committee also considered that the new building would also reduce any potential noise issues.
The existence of the review procedure to deal with activities at the premises causing concern to any of the responsible Authorities or any other person were noted.