To consider an application for a variation of a premises licence in respect of Belmont Lodge Golf Course and Marquee, Ruckhall Lane, Belmont, Hereford.

The Regulatory Sub-Committee was convened in order to determine an application for a variation to a premise licence in respect of Belmont Lodge Golf Course and Marquee. The application was submitted in accordance with Section 51 of the Licensing Act 2003.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following attendees were noted:

• Mr Smith (Applicant)
• Mr Moriekvski (An interested party objecting to the application)
• Ms Eyles (An interested party objecting to the application)
• Mrs Wegg-Prosser (An interested party objecting to the application)

The Chairman advised all parties of the hearing procedures and asked if any person required an extension to the time allocated for making representations. None of the attendees felt that an increase to the 10 minute time allocated for making representations would be required.

The Acting Regulatory Services Manager introduced the report and advised members that the application was for a variation to the existing licence. He added that the applicant had not requested that any conditions be removed but noted that one condition on the licence stated that there was no music permitted in the marquee after 2006. the applicant confirmed that it would be his intention to remove this condition.

Members discussed the planning history of the marquee and the bund and felt that they would need further information before proceeding with the determination of the application. The Chairman therefore adjourned the meeting for 10 minutes to allow the MW to obtain the relevant information from the Central Team Leader. The meeting was adjourned at 10.20 am.

The meeting reconvened at 10.30 and the Acting Regulatory Services Manager advised Members of the three planning applications which had been approved on the site between 2005 and 2007.

The Environmental Health Officer advised Members that she had been involved with the application site since 2005 and had worked closely with the previous manager in an attempt to set up a number of reasonable control measures. She added that the Earth Bund had been added in 2006 and that Mr Smith also used Straw Bales to reduce disturbances to neighbouring residents. She noted that there had been no complaints received by the Environmental Health Department between 2006 and August 2008. In summing up she felt that the current licensable hours for the marquee were acceptable but that any extension to these hours should be refused in order to protect local residents from any possible disturbance.

In response to the points raised by the Environmental Health Officer, Mrs Moriekvski advised Members that due to the lack of an out of hours phone service in the Environmental Health Department she had addressed all recent complaints to Belmont Lodge directly.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs Moriekvski, an interested party objecting to the application, addressed the sub-committee. She noted that the applicant had requested the use of the marquee for a longer period of time than had been permitted by the Planning Department and would therefore be in breach of his planning permission. She also had serious concerns regarding the extension of hours in respect of the marquee as noise emanated from the premises and caused a disturbance to the local residents. She had further concerns regarding the noise limiters that had been installed by the applicant and felt that they had either not been set up correctly or were not working properly.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Ms Eyles, another interested party objecting to the application, addressed the sub-committee. She noted the concerns of the Parish Council and advised them that as Clerk to the Parish Council she received a number of complaints from local residents regarding noise issues at Belmont Lodge.

Mrs Wegg-Prosser, the final local resident who had registered to speak in respect of the application concurred with the comments raised by the previous speakers and felt hat the application should be rejected.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Smith, the applicant, addressed the sub-committee in respect of his application. He advised Members that he was happy to amend the hours of operation in respect of Sundays and requested that the Sunday hours remain as currently permitted. He noted that the Environmental Health Officer had confirmed that no complaints had been received in respect of noise on the premises between 2006 and 2008. He added that the months from April to October were important to the business and that a number of weddings and functions would utilise the marquee between these months. He confirmed that the marquee was required as the inside areas of the premises were not suitable for weddings and functions. He advised Members of the steps that had been taken to reduce the risk of noise emanating from the marquee and added that he intended to purchase a sound proofing screen within the next year. In summing up he felt that other venues had noise issues and noted that he could hear noise from events held at the Stirling Lines camp in Credenhill.

Mrs Moriekvski noted that the Credenhill camp was 6 miles away from Belmont Lodge whereas her home was only ½ a mile away from the applicant’s premises. She felt that the applicant should therefore sympathise with her concerns.

In response to a question from the Environmental Health Officer, the applicant confirmed that live music took place in the marquee until midnight. She advised the applicant that his current licence required live music to cease in the marquee at 6.30 pm and that he had therefore been operating in breach of his licence.

The Sub-Committee retired to make their decision and requested that the Senior Litigator and the Democratic Services Officer retire with them to offer legal and procedural advice.

The Senior Litigator read out the following decision:

The Regulatory Sub-Committee having carefully considered the issues bought before it have decided as follows:

1)                  It agrees to allow the application for variation of the premises licence in part.

2)                  It accepts the applicant’s proposal that the application with regard to Sundays is withdrawn.

3)                  There will be no change in licensing hours between Monday and Thursday inclusive.

4)                  Licensing hours for Friday and Saturday will be extended to 0100 hours for indoor functions only.

5)                  The Sub-Committee notes existing licensing conditions and expects the Council’s Environmental Health department to monitor and enforce conditions as necessary. The existing licensing conditions must stand unless and until an application to vary the same is made and granted.

RESOLVED

That the application for a variation to the premises licence in respect of Belmont Lodge Golf Course and Marquee be approved in part subject to the conditions detailed in the attached decision notice.