Venue: Committee Room 1, County Hall, Dorchester, Dorset, DT1 1XJ
Contact: George Dare Email: George.dare@dorsetcouncil.gov.uk
No. | Item |
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Election of Chairman and Statement for the Procedure of the Meeting PDF 75 KB To elect a Chairman for the meeting and the Chairman to
present and explain the procedure for the meeting. Minutes: Proposed by Cllr Parker, seconded by Cllr Heatley. Decision: That Cllr Fry be appointed Chairman for the
duration of the meeting. |
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Apologies To receive any apologies for
absence. Minutes: An apology for absence was received from Cllr Andrews. |
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Declarations of Interest To disclose any pecuniary,
other registrable or non-registrable interests as set out in the adopted Code of
Conduct. In making their decision councillors are asked to state the agenda
item, the nature of the interest and any action they propose to take as part of
their declaration. If required, further advice
should be sought from the Monitoring Officer in advance of the meeting. Minutes: No declarations of interest were made at the meeting. |
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Objections to Temporary Event Notices PDF 100 KB To consider three Objection Notices to 3 Temporary Event Notices (TENs) served by Sally Francis for the Shaftesbury Fringe. Additional documents: Minutes: The Licencing Team Leader introduced the report for the Objections to Temporary Event Notices (TENs). The Applicant had withdrawn two TENs, prior to the Sub-Committee meeting, for the premises of Angola ’76 and for Muston’s Yard. The remaining TEN was for the off sales of alcohol and live music between the hours of 11.00 and 23.00 on the dates of 27, 28, and 29 August 2021. Environmental Health and the Applicant had not reached an agreement to modify the Notice, therefore the options available to the Sub-Committee were to either issue a counter notice or not issue a counter notice. There were no questions of the Licencing Team Leader at this stage. The Applicant, Mrs Francis, addressed the Sub-Committee and provided reasons for applying for the TEN and included reasons for withdrawing two of the TENs. She informed the Sub-Committee that Angola ’76 had closed, and that Muston’s Café, Bar, and Grill would be opened on 23 July. This new venue would be a restaurant rather than a music venue which Angola ’76 was previously. The Sub-Committee asked questions of the Applicant. The questions related to the concerns raised in the objection, the number of people at the event, and the applicant’s previous experiences of events. The Applicant responded to the questions and explained that:
· She aimed to open the new premises on 23 July and saw this meeting as an opportunity for Members to see how the venue has changed. · Performers have been booked for this event · There are various other events across Shaftesbury · She had experience with event management plans, including noise management, but she had little time to prepare these plans for this meeting. She apologised for not preparing a noise management plan. The Senior Technical Officer presented the case for the objection from Environmental Health. The objection highlighted the lack of a noise management plan which would have supported the applicant in demonstrating how they would protect residents from potential noise nuisance. He said that it was very likely the event would cause noise nuisance to residents due to the close proximity to them, and there have been noise issues in the past related to this area. Members asked questions around the issue of noise nuisance. They were advised on how Environmental Health investigated noise complaints; the nature of other events at the Shaftesbury Fringe; and previous noise complaints within the vicinity of this proposed event. All parties were given the opportunity to sum up their case. The decision would be sent to all parties within 5 working days and all parties had the right to appeal the decision to the magistrates’ court within 21 days. |
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Urgent items To consider any items of
business which the Chairman has had prior notification and considers to be
urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The
reason for the urgency shall be recorded in the minutes. Minutes: There were no urgent items. |
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Exempt Business To move the exclusion of the press and the public
for the following item in view of the likely disclosure of exempt information
within the meaning of paragraph x of schedule 12 A to the Local Government Act
1972 (as amended). The public and the press will be asked to leave the
meeting whilst the item of business is considered. There is no exempt business scheduled for this meeting. Minutes: Decision: That the press and the public be
excluded for the following item(s) in view of the likely disclosure of exempt
information within the meaning of paragraph 3 of schedule 12 A to the Local
Government Act 1972 (as amended). The Sub-Committee retired to make their
decision. Decision: That a Counter Notice be issued. Reasons for the Decision: The Sub-Committee
carefully considered all of the documents presented to it and the oral and
written representations made by the parties. They had regard to the four
Licensing Objectives, the Section 182 Statutory Guidance and the Dorset Council
Statement of Licensing Policy 2021-2026. The Sub-Committee heard
from the Applicant who stated that she was very keen to take part in the
Shaftesbury Fringe Festival this year, especially given the period that the
hospitality industry had just been though. She had originally submitted three
TENs but had withdrawn two of them leaving just this TEN which related to the
car park area for the period from 27 to 29 August 2021 (11:00 to 23:00 hours
each day). She explained that the event would involve
live music and the sale of alcohol during those hours. The Sub-Committee also
heard from the Environmental Health Officer who stated that an objection notice
had been submitted because the event would be held for a significant period,
from 11:00 to 23:00 on three consecutive days (Friday, Saturday and Sunday) and
that no noise management plan had been put in place to address the potential
for public nuisance in terms of noise. They believed that due to the duration
of the event, its timings and the proximity of neighbours it was likely that
noise would be an issue and the licensing objective of the prevention of public
nuisance would be undermined. The Sub-Committee
determined that it was appropriate for the promotion of the Licensing
Objectives, and in particular the prevention of public nuisance, that a
counter-notice should be issued. The Sub-Committee
were concerned about the potential for noise nuisance for those people living
in the area close to the car park, especially as the event was to take place
over three consecutive days and for 12 hours each day, and no noise management
plan had been put in place to seek to address any such issues. The
Sub-Committee therefore considered that to approve the TEN would undermine the
licensing objective of the prevention of public nuisance. |