Minutes:
Jo Reed, from Community Safety and Neighbourhood Nuisance presented her report. She explained that the main concern was that the applicant had not demonstrated how they could control noise and nuisance from the premises. She explained that some aspects could be controlled by imposed conditions, but there were no conditions which could be put in place to address car parking issues, noise and nuisance which happened outside the premises.
Jo Reed explained that any complaints of nuisance arising from the premises would likely be an issue for the Community Safety and Neighbourhood Nuisance Team as they would potentially not fall under the severity of statutory legislation even though problems would have an adverse impact on those living in the locality.
The Community Safety and Neighbourhood Nuisance Team objected to the application as it was felt that the site could not be adequately controlled. It was explained that there were concerns about where vehicles using the premises would park. There was no off road parking available and it was anticipated that vehicles would park on the road, in front of other residential houses. Cars would be parked very close to house frontages and there would be no way to control noise from this.
Jo Reed commented that, should the licence be granted, the Community Safety and Neighbourhood Nuisance Team would ask for a condition to be imposed that the rear area should not be used at all. Consideration also needed to be given to waste storage, which she assumed would be to the rear as there was no room at the front of the premises and noise from this would need to be contained. Jo Reed stated that use of the rear garden areas would have an adverse effect if it was to be used
Internally, consideration would need to be given to how noise nuisance would be mitigated, for example sound insulation, because at the moment, if the application was granted, music could be played without appropriate sound insulation. Jo Reed explained that it would be difficult to control the levels and a detailed scheme to control noise and detail of the type of sound insulation would be required.
Jo Reed referred to the Live Music Act which allowed live music to be played in outdoor areas in licensed premises until midnight to less than 250 people. She explained that the applicant had expressed that he would be holding events, and that he would inform neighbours when he intended to do so.
With regard to the front of the premises, Jo Reed explained that there was no way to control parking and noise and if there was a smoking bin outside the front of the premises this would be where people could congregate.
Jo Reed informed the Sub-Committee that the Community Safety and Neighbourhood Nuisance Team had carefully considered if they could impose conditions on the application to mitigate the concerns highlighted, but in this instance they could not. She explained that the applicant had not demonstrated how he would control the issues.
Jo Reed also reminded the Sub-Committee that they needed to take into consideration the latest guidance which stated that the licensing regime should tie in with the planning regime and that planning permission for the site had been recommended for refusal.
The Chairman thanked the Community Safety and Neighbourhood Nuisance Officer and invited questions from all parties.
Councillor Sampson referred to access to the premises and it was explained that the plans did not show a second door to the front of the premises, as was in place now and provided access to the flat upstairs. Reference was also made to the side fire exit and it was stated that it was unsure where this would lead to as the premises was in a terrace.
Councillor Sampson also referred to the premises plan and that it looked like there was only one toilet to be provided. Jo Reed explained that this would likely be sufficient in terms of the Law, but reminded the Sub-Committee that the premises would accommodate up to 50 people.
Councillor Sampson referred to waste removal as he was unsure how it would be transferred to the front of the premises. Councillor Sampson commented that he did not feel that the plans provided were adequate.
Councillor Sandell referred to car parking issues and Jo Reed explained that there was no allocated car parking associated with the premises that she was aware of. She explained that the road outside was wide and she thought that cars would park on the road outside of residents properties. The Senior Licensing Officer commented that the applicant expected people to park at the Village Hall.
Councillor Sandell referred to the rear area and Jo Reed explained that she had not seen the rear area, but thought it was intended that this would be used as a smoking area.
Mrs Boxall explained that she had photos of the rear area and these were passed to the Sub-Committee Members to view.