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 noise breakout and any action taken.
The book must be made
available for inspection by an authorised officer of the Council or Police
Officer on request. The deregulation provisions set out in Section 177A of the
Licensing Act 2003 do not apply to this condition.
To add the following condition to the Premises Licence:
4.
All
doors and windows must remain closed whilst live or recorded music is being
played. The deregulation provisions set out in Section 177A of the Licensing
Act 2003 do not apply to this condition.