To consider an application for a grant of a premise licence in respect of Dom’s Bike Stop, Westeaton Nurseries, Stoke Prior Lane, Leominster. HR6 0NA 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.

The principal licensing officer presented the report.

The sub-committee heard from the public representations who highlighted the following:

·                They had been living at a premises nearby for at least 22 years and it was a very desirable and peaceful location.

·                One of the public representations ran a holiday park and had tenants and even with these activities, it was still a quiet location.

·                If the premises were to become an outdoor music venue, the licence was very open ended and music could be played all day, every day, between 11.00 am and 11.00 pm and they and others would feel totally imposed upon.

·                There were 10-11 homes in the hamlet near to the proposed venue and one of the public representations live across the narrow county lane.   There was also a nursing home nearby.

·                Outdoor music, whether in small or large crowds, would not be subdued in tone.  Guests would also be wanting to hear, dance and shout as well.

·                There had been a small amount of outdoor music in the past and the noise did carry.  

·                Complaints had not been made in the past because the outdoor music had only been occasional.

·                If the licence was granted, the music would still penetrate and vibrant indoors as well which would be an unjust endurance.

·                The Herefordshire Council Statement of Licensing Policy 2020/25 was referenced as it stated ‘Herefordshire is a mixed commercial and residential area with many areas lying in tranquil rural surroundings , whose amenity Herefordshire Council has a duty to protect and one of Herefordshire Council’s aims is to protect and enhance our environment and keep Herefordshire a great place to live.’

·                The applicant was normally a good neighbour

·                The application was for live and recorded music and would also permit alcohol to be served.

·                Guests to the premises should have a nominated driver and they will driving due to the location.

·                There was no indication of a maximum capacity or what the dispersal arrangements would be.

·                The premises were a discontinued nursery and the application was incongruous with the original use.

·                There was no sound attenuation in place.

·                Herefordshire Council receives over 1,000 noise complaints a year.

Following a query from a member of the sub-committee, one of the public representatives indicated that the site was outdoors so sound attenuation may not possible.  From previous experience, events had been audible inside with the windows closed as well as outside.

The sub-committee then heard from the applicant:

·                The concerns raised in the public representations about hours were understood.

·                They were trying to make the business more efficient and would like to be able to serve food with alcohol.

·                Covid-19 was testing everyone and there was a need to diversity a little.

·                They had run the ECHO festival in the past which was for people with special needs. 

·                There was no history of noise complaints.

·                To ensure that noise levels are appropriate a decibel recorder would be used and action taken when appropriate.

·                They had lived there for 25 years and do not want to fall out with neighbours.

·                It was a nice hub and there were a lot of visitors because it was a nice area.

·                The premises were not just for bikers but were shared by everyone.

·                It was anticipated that no more than 6 events per year would be held.

Following questions from the sub committee, the following was confirmed:

·                The applicant had previously run events under Temporary Event Notices (TENS).

·                The applicant only wanted to run the business with as a little as waste as possible.

·                The raised stage was not used very often and only when live music was put on.  It was anticipated that it would also be used for weddings as well.

After a private discussion, the sub-committee agreed to adjourn to allow for a site visit to take place on 18 June at 3.00 pm.  This application would then be heard again on 12 July 2021 at 4.30 pm.