To consider an application for a grant of a premise licence in respect of Shires Park, Ullingswick, Herefordshire. HR1 3JE under the Licensing Act 2003.

Members of the licensing sub-committee from 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.

This application was part-heard by the sub-committee on 21 April 2021 and was adjourned to allow a site visit to take place on 7 May 2021. 

The technical licensing officer presented the report.     

It was noted that the Herefordshire Council Statement of Licensing Policy 2020 to 2025 had been updated to include “All representation must be ‘relevant’, for example they must be about the likely effect of the grant of the application”.  This followed paragraph 8.57 in the s182 Guidance which uses the same wording.

The sub-committee first heard from environmental protection who highlighted the following:

·         The premises were a new start up, catering for caravanning and the applicants would like to operate a small store for on and off trade sales. 

·         Supplement 3 which had been published in respect of the meeting held on 21 April 2021 and formed part of the agenda pack for the meeting on 18 May 2021 showed the distance of individual building locations in relation to the licensable area.   

·         It was not clear where entertainment would be taking place.

·         It was noted that outdoor entertainment had been now been removed from the application for the licence.

·         The area for licensable activity had now been reduced.

·         The premises were in a rural location and the applicant had not recognised that there would be low background noise and there was little mention of close neighbours.

·         There was a lack of clarity with regard to licensable activity which included likely numbers, frequency, whether the public could visit or if customers had to stay on site.  Without this information, then public nuisance was likely to be of concern.

·         Following further discussions with the applicant, environmental protection withdrew their representation prior to the meeting held on 18 May 2021.

The sub-committee then heard from the public representations:

·         The concerns from the parish council which were attached as part of the public representations were read out.

·         There was no knowledge of Claire Thompson and Diane Thompson had no personal licence so it was questioned whether a premises licence could be granted.

·         There were concerns that this would lead to the development of an event management business.

·         The barn had already been turned into a shower block

·         Given the location of the premises, the noise would carry significantly.

·         It was acknowledged that the issue of outdoor music had been addressed.

·         There was no clarity as to whether this would turn into a party venue or a mini festival venue.

·         This was a very open application with very little detail.

·         A member of the public read out their representation which was attached to the agenda. 

·         It was acknowledged that the music condition had been withdrawn from the application but there was still concern as the area was quiet and peaceful.

The sub-committee then heard from the applicant’s agent who highlighted that:

·         The applicant was a very responsible person.

·         The premises was a new start up catering for caravanning and camping and the applicant would like to operate a small store and provide onsite entertainment.

·         The site could be opened under the permitted development rights which had been extended from 28 days to 56 days for 2021.  Issues relating to planning were not within the scope of the licensing sub committee.

·         The noise complaint was in relation to an event held at the Chase Distillery and should be considered irrelevant.

·         Given the concerns raised, the request for outdoor entertainment had been withdrawn from the applicant.

·         The applicant’s agent had been trying to contact environmental protection since 9 March 2021 and the first contact was on 7 April 2021.

·         The location photograph (supplement 3) showed several circles some of which were not domestic but were light industrial.

·         Details of the application had been published in the Hereford Times.

·         The applicant does not need a personal licence in order to apply for a premises licence but was currently training in order to obtain one.

·         This was a modest application for a club house

·         The licensing sub committee had visited the site and had had the opportunity to show the substantially built club house which was modest.

·         The site was small and there was no intention to cause  inconvenience or nuisance to neighbours.

Following a question from a sub committee member, the applicant’s agent stated that a planning application with regard to a caravan site had not yet been submitted as the applicant would be starting with a camping site which was permissible under the general development rights.   It was noted that there could be 5 caravans on the site without planning permission.

The applicant and applicant’s agent were reminded that in order to sell alcohol (and before any alcohol is to be sold at the premises) the proposed designated premises supervisor (DPS) needed to hold a personal licence.

The committee carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s statement of licensing policy. 

DECISION

The sub committee’s decision was to grant the licence.

REASONS

The licensing sub committee had heard from members of the public, applicant, applicant’s agent and environmental protection.   It had been noted that the applicant had stated that they wish to be a good neighbour and the sub-committee would urge communications with neighbours.   The majority of the representations were in relation to highways or public nuisance.  Highways issues were outside of the remit of the licensing sub committee so could not be considered and the application for live and/or recorded music had been withdrawn.  On the basis that no evidence had been provided to show that the applicant would not promote the licensing objectives, the sub-committee decided to grant the licence.