Agenda and minutes

In accordance with the Council's current Code of Conduct (adopted July 2012), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests , Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also "prejudicial") in relation to any matter on the Agenda for this meeting. A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct.  A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9. In the interests of complete transparency, Members of the County Council, who are not also members of this committee, are encouraged to declare any interests they may have in any matters being discussed even though they may not be under any obligation to do so under any relevant code of conduct.

There were no declarations of interest made by Members of the Sub-Committee.

The Sub-Committee noted the procedure to be followed when considering Licensing Applications under the Licensing Act 2003.  The Chairman introduced the members of the Sub-Committee and the Officers present at the hearing.

The Chairman confirmed that the Officer’s report relating to the case, the procedure to be adopted during the hearing and the documents which the authority is required to provide under the Regulations had been received by all Parties in advance of the meeting.

The Specialist – Licensing presented her report. She confirmed the notice for the application had been on display throughout the consultation period. A representation was received from Environmental Health, which included conditions, and the applicant has agreed to amend their application to include the conditions. She then read the conditions per the report. In response to what action would be taken to reduce noise from music the following would be put in place:

·         Music noise levels should not exceed 40 dB(A) over a 15 minute period at 1m from the façade of any noise sensitive premises between 0900hrs and 2300hrs

·         Music can be just audible but not discernible at the façade of any noise sensitive premises between the hours of 2300hrs and 0900hrs

The applicants then addressed the committee in support of their application and some of their points included:

·         They are aware of the environment and neighbours surrounding the venue and do not want to upset anyone.

·         Noise and behaviour is continually monitored by staff and the applicant when there is an event and anti-social behaviour is not allowed.

In response to questions from members, the applicant advised:

·         There had been no complaints raised by anyone since the wedding events started in 2017.

·         The nearest residents are about 175m away.

The Sub-Committee was then addressed by ‘Other Parties’ who made representations to the application. Some of the following point were raised:

·         There is support for the need of diversification and the applicants building a future.

·         Have experienced noise from discos throughout the evenings in the past.

·         In relation to the noise management plan, can the council confirm this will be adhered to all year round?

·         The rural location provides a much lower background level of noise than that of a town location, is this taken into consideration.

·         Not necessarily objecting to the application.

·         40 decibels in their garden is louder than the ambient background noise which is about 10 decibels lower.

·         An understanding has been reached in that the proposed 40 decibels is at the venue and not in the neighbouring garden.

·         If the noise management plan can be met, then their concerns have also been met and they do not have a further objection.

The Committee Members were shown two videos, one from the applicant and one from the ‘other party’, showing the volume of sound from the venue and from the neighbouring garden.

In response to a committee member’s query, the residents confirmed they had not made any complaints from previous events at the premises.

One Committee Member commented that the videos showed the noise levels would reduce dramatically in the neighbouring garden if the applicant can adhere to 40 decibels at their boundary.

All parties confirmed that they were satisfied with the conduct of the hearing.

In response to a query form the Legal Advisor, The Licensing Specialist confirmed that the conditions of 40 decibels had not been agreed between parties prior to this hearing.

In response to a query from a Sub-Committee  ...  view the full minutes text for item 23.