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Contact: Elaine Tibble 01305 224202 Email: elaine.tibble@dorsetcouncil.gov.uk
Note: MS Teams/Virtual
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Election of Chairman and Statement for the Procedure of the Meeting PDF 133 KB To elect a Chairman for the meeting and the Chairman to
present and explain the procedure for the meeting. Minutes: Proposed by Cllr Kate Wheller, seconded by Cllr Susan
Cocking. Decision: That Cllr Emma Parker be elected Chairman for the meeting. |
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Apologies To receive any apologies for
absence. Minutes: No apologies for absence were received at the meeting. |
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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 disclosure 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 disclosable pecuniary interests were made
at the meeting. |
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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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Objections to Temporary Event Notice PDF 255 KB To
consider two Objection Notices to a Temporary Event Notice (TEN) for No. 10
Café Bar in Bridport. Additional documents:
Minutes: The Licensing Team Leader
introduced the report concerning objections to a Temporary Event Notice (TEN)
for No. 10 Café Bar in Bridport sent by Environmental Health and Dorset Police. The TEN applied for was to
extend the premises licence from 02:00 and 04:00 on Saturday 30 and Sunday 31
October 2021 for the sale of alcohol on the premises, regulated entertainment
and late night refreshment for 60 people. The Licensing Team Leader
advised the sub-committee of the three options it could take:-
1. issue a counter notice for
the event which will not allow it to occur. 2. issue a Statement of
Conditions setting out any conditions from the relevant remises licence that
are to be imposed on the TEN 3. not to issue counter
notices and allow the event as applied for. The TEN could not be modified
and did not automatically attach the conditions of the premises licence. To provide some context she
stated that there had been 941 TENs applications during the past year, of which
Dorset Police had objected to 3 and Environmental Health to 4, not including
this application. There were no questions from
the Sub-Committee, Environmental Health Team Leader, the Licensee or Dorset
Police for the Licensing Team Leader. The Licensee was given an
opportunity to present his case. Questions from the
Sub-Committee to the Licensee and applicant included questioning the need for 2
nights of Halloween celebrations; the nature of the musical entertainment; the
outstanding noise complaint; whether the
event was ticketed; numbers of staff and
entertainers; entry / re-entry restrictions; customer demographic and dispersal
arrangements. The Licensing Team Leader,
Environmental Health Team Leader and Dorset Police were given the opportunity
to ask questions of the Licensee. There were no questions from
the Dorset Police for the Licensee or Applicant. However, the Environmental Health Team Leader
asked how music levels were currently monitored. The Environmental Health Team
Leader put forward her case, advising the Sub-Committee that a noise abatement
notice had recently been served on the premises on 18 October 2021 due to poor
controls of music. A previous complaint made
in 2018 had occurred before the current Licensee purchased the business. The Sub-Committee, Licensing
Team Leader, Licensee and Dorset Police representative were invited to ask
questions of the Environmental Health Team Leader. In response to a question by
a member of the Sub-Committee, she clarified that the complaint was against the
premises licence rather than arising as a result of a TENs and that
investigations had taken place and further investigations would be carried out
if more complaints were made following the notice. The Applicant asked for
further detail about the noise complaint and was advised that a number of instances of noise nuisance had been recorded
and observed by officers over a period of time rather than a singular
occurrence. There were no questions from the
Licensing Team Leader or Dorset Police representative for the Environmental
Health Team Leader. The Dorset Police representative presented his case to the Sub-Committee on behalf ... view the full minutes text for item 89. |
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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. 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). Decision: To
Issue a Counter Notice Reason for Decision: The Sub-Committee carefully considered the
documents presented to it, and the oral statements made by the parties attending
the hearing. They had regard to the Licensing Objectives, the Section
182 Statutory Guidance, and the Dorset Council Statement of Licensing Policy
2021-2026. The Sub-Committee heard from Mr Horton
(applicant) and Mr Ravenscroft (a director of the business), who stated that
they wanted the additional 2 hours on the mornings of 30 and 31 October under
the TEN for a Halloween event at the premises. Mr Ravenscroft explained that
they had run Halloween events at another premises for
a number of years and wanted to continue that having purchased No 10 Café Bar
earlier this year. Mr Ravenscroft and Mr
Horton said that they would comply with the license conditions during the
additional hours and had stated so on the TEN.
Mr Ravenscroft said that he was not aware of the 2018 noise complaint
and taking the recent noise complaint seriously. He is trying to work out how to control noise
from the premises and is considering a temporary porch structure for inside the
front door; but is finding if difficult because the building is listed. He stated that music would be turned down
after 2am. He also thought that later opening would help dispersal of customers
because they were likely to leave gradually after 2am rather than leave on mass
at 4am. Mr Horton said that he uses a sound meter to
measure sound levels outside the premises every hour and more often if he
could. He has a rough idea of the normal
background noise level and tried to keep the difference to between 5 and 10 dB
above that and he did not know whether the sound meter was A weighted or Fast
weighted. The Sub-Committee heard from Jane Williams
from Dorset Council’s Environmental Protection Team,
who stated that an objection notice had been submitted due to ongoing noise
complaints received about the premises from people living nearby which had
resulted in a noise abatement notice being issued on 18 October 2021. The notice had been served due to the poor
control of music and voices which she said reflected on the management of the
premises. The Environmental Protection
Team were concerned that the TEN is for two consecutive nights until the very
early hours. Mr Horton asked whether the
noise abatement notice could relate to a particular DJ who had refused to turn
down his music so that the premises no longer employed him. Ms Williams explained that the noise
abatement notice had been served after a number of
incidents and not a one-off event. The Sub-Committee heard from John Bean from Dorset Police, who referred to the written ... view the full minutes text for item 90. |