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Contact: Elaine Tibble 01305 224202 Email: elaine.tibble@dorsetcouncil.gov.uk
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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 Fry, seconded by Cllr Parker Decision: that Cllr Jon Andrews be appointed as Chairman for the duration of 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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Application to Review the Premises Licence of the Duke of Cornwall, Weymouth PDF 248 KB An application has been made to review the premises licence for the Duke of
Cornwall in Weymouth. The application has been out to public consultation and
has attracted relevant representations. A Licensing Sub-Committee must consider
the application and representations at a public hearing. Additional documents:
Minutes: The Licensing Team Leader outlined the details of the
application, there had been no withdrawn representations. She advised that a
license on any premises was granted for the life of the premises and a review
process was there to act as a check, it enabled requests to be made for a
Licensing Authority to consider a license, anyone could apply for a review of a
premises licence at any time. A review had been applied for from Respect Weymouth, officers
had a list of the members supporting the review including names and addresses. The reasons for the review sited in the application were the
prevention of public nuisance and the protection of children of harm. The protection of children from harm in this
case related to the harm caused by the alleged public nuisance to those living
in nearby residential properties. Attendees were invited to ask questions of the Licensing
Team Leader There were no questions from the sub-committee or The
Representative of Respect Weymouth. The Licence Holder questioned what constituted the
protection of children from harm as noise nuisance was not a valid reason for
the review. He had done considerable
research. In response to his question
the Licensing Team Leader referred to the guidance all being incorporated
within the report and specifically the source of the guidance which was section
182 guidance issued by the Home Office. There were no questions from the Senior Technical Officer
for Environmental Protection or those who had made representation. The Representative of Respect Weymouth (the Applicant) was
invited to put his case forward. He wanted to make the group’s intentions clear, they were
not trying to close any venue down or drive live music out of town, not limited
to one person, nor a serial complainer, there was no vexatious motivation. They were just trying to ensure that
residents and children in noise sensitive properties were not continually
affected by the impact of noise. He gave details of who the group were, the background of
those effected and the issues of noise nuisance. He gave details of the results of a survey
completed by a number of effected households. Respect Weymouth had suggested a number of conditions that
could be applied to the licence including noise limits. Attendees were invited to ask questions of The
Representative of Respect Weymouth. There were no questions from the Sub-Committee, Licensing
Team Leader, the Licence Holder or the Senior Technical Officer for Environmental
Protection. The Senior Technical Officer for Environmental Protection
was invited to address the Sub-Committee. He stressed that it was not Environmental Protection’s
intention to close licenced premises and that they always tried to work with
the Licence Holders. Licensing Officers had vised the pub in May this year to
discuss the previous history of the venue. The Licence Holder’s plans for live
music were understood, but had to be controlled. Attendees were invited to ask questions of the Senior
Technical Officer for Environmental Protection. In response to a question from Respect Weymouth regarding ... view the full minutes text for item 114. |
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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: Proposed by Cllr Andrews, seconded by Cllr
Fry 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 amend the hours that recorded or live music may be played at the
Premises as follows: Performance of Live Music (indoors) and playing of Recorded Music
(indoors) Monday to Thursday 11:00 to 23:00 Friday and Saturday 11:00
to 01:00 Sunday 11:00 to 22:00 Bank Holidays 11:00
to 01:00 New Year’s Eve 11:00 to 02:00 Christmas Eve 11:00 to 02:00 To make the statement that in accordance with Sections 177(A)(3) and
177(A)(4) of the Licensing Act 2003 that the deregulation provisions set out in
Section 177A of the Licensing Act 2003 do not apply to the premises. Condition
1 in Annex 2 of the Premise Licence will therefore be amended to read as
follows: 1.
There will be no external loudspeakers. The deregulation
provisions set out in Section 177A of the Licensing Act 2003 do not apply to
this condition. To remove Condition 2 in Annex 2 of the Premises Licence which states
that ‘noise from a licensable activity at the premise will be inaudible at the
nearest noise sensitive premises’, and to replace it with the following
conditions 2 and 3: 2.
A
Noise Management Plan (NMP) shall be produced by a suitably qualified acoustic
consultant and submitted to Dorset Council within 3 months of the date of the
review hearing. The NMP must detail the potential for noise from live and
recorded music at the Premises to affect noise sensitive premises in Helen Lane
and Maiden Street. If the assessment indicates that noise from the Premises is
likely to affect the noise sensitive properties, then it shall include a
detailed scheme of noise mitigation measures to show that nuisance will not be
caused to the occupiers of those noise sensitive properties from noise from the
Premises. The deregulation provisions set out in Section 177A of the Licensing
Act 2003 do not apply to this condition. 3. The manager, Premises Licence Holder or other competent person shall take noise readings when live or recorded music is being played at the Premises after 21:00 hours, in order to establish whether there is a noise breakout from the Premises. Noise readings must be taken at intervals of 90 (ninety) minutes at the corner of Helen Lane and Maiden Street at the façade of the nearest residential premises. If the observation reveals noise breakout at a level likely to cause disturbance to the occupants of properties in the vicinity, then the volume of music shall be reduced to a level that does not cause disturbance. A record of such noise recordings shall be kept in a book for that purpose, such a book shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of ... view the full minutes text for item 115. |