Agenda and minutes

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

Proposed by Cllr Fry, seconded by Cllr Parker

Decision: that Cllr Jon Andrews be appointed as Chairman for the duration of the meeting.

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.

No declarations of disclosable pecuniary interests were made at the meeting.

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.

There were no urgent items.

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. 

The Licensing Team Leader outlined the details of the application, there had been no withdrawn representations.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.

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.

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.