To consider an application for a grant of a premise licence in respect of ‘St Katherine’s Barn, St Katherine’s, Ledbury, HR8 1EA’.

Members of the licensing sub committee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Emma Bowell, Technical Licensing Officer, who presented the report.

Leah Wilson, Trading Standards Officer, reported that trading standards had submitted a representation during the consultation for this premises licence application.   These representations were in connection with the protecting children from harm licensing objective.   There had been no correspondence with the applicant and as such the representations had not been agreed. 

Mr Jim Mooney, representing West Mercia Police, indicated that they were supportive of the trading standards representation.   Again, there had been no contact with the applicant and as such the representations had not been agreed. 

The sub committee then heard from Mr D Thomas who had made a relevant public representation.   Mr Thomas resided next door to the premises and stated that the business had played live music for the last 12 months which appeared to stop whenever they liked.   He felt that a good compromise would be live music ceasing at 2300 hrs with all customers leaving at 0000 hrs.   If customers were still drinking at 0000 hrs, then they tended to loitered directly opposite his flat which caused a noise nuisance.   The noise from the live music was such that he could not hear his own television and he had to leave the flat. 

The sub committee heard from the applicant, Ms Lynn Jones who stated:

·         That she believed that she had replied to the correspondence from trading standards and believed that the representations had been agreed.  

·         The barn was located at the rear of the Feathers where the kitchens were so there was noise from the kitchen operation.  

·         The premises were in a commercial area and they wished to have a level playing field with The Retreat and The Feathers.

·         There had been very few complaints and none from the police.

·         A number of temporary event notices (TENS) had been applied for.

·         The premises operated as an art gallery / café in the day and do run events on occasion.   

·         Customers were leaving other premises and do use the car park. 

·         The applicant was planning on installing triple glazing  and using the farther front point as an exit.  

Following questions from members, the following was confirmed:

·         That the trading standards and West Mercia Police representations had been agreed.

·         The applicant had read and agreed to all the conditions proposed by trading standards and the police.

·         There had been 8 TENS applications during the last 18 months with 7 TENS being granted.

·         There were no complaints on file.

DECISION

The sub committee’s decision is to grant the licence as applied for as the trading standards and West Mercia Police representations had now been agreed.  

REASONS

The committee had listened very carefully to all the representations which had been made.  The sub committee had particularly taken into account the public representation with regard to noise and had noted that given that the premises were located in a commercial area of Ledbury, that not all the noise heard may have emanated from the premises or their customers.   The sub-committee also noted that they took the upholding of the licensing objectives very seriously and that when applicants received communication in connection with their licence that it was imperative that this was dealt with promptly.