To consider an application for a variation for a premises licence in respect of The Venue, 1 Gaol Street, Hereford. HR1 2HU 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. A supplement containing a report from the Principal Environmental Health Officer was published on 16 August. A supplement containing additional information and photographs was published on 17 August. 

Prior to making their decision the Council’s Licensing Officer presented the report which outlined the options available to the sub-committee. A representation had been received from Environmental Health.

The sub-committee heard from the representative of Environmental Health that:

·         The primary issue with the application was the prevention of public nuisance.

·         There was concern that the licensing of the bar in outdoor space would result in a dual activity at the site of a nightclub and late night pub.

·         There was concern that the outdoor bar would impact on local residents as people socialized in the outside area. The outdoor space was an enclosed area which echoed and amplified sound.

·         Local residential properties were located under 50 meters from the outside area. Within 100 metres there were 63 flats and dwellings.

·         The break out of sound from the nightclub was caused by people opening the door to access the outdoor space.

·         Loud music, repetitive bass beats, people noise and queues at the venue posed a public nuisance.

·         There was a concern that queuing and accessing the nightclub would impact on local residents. The area in which the Venue was located was a busy night time area and transitory noise was a problem.

·         The Venue had received noise complaints in 2011, 2015 and 2019 but not more recently. Complaints had been received about other venues in the area.

·         The objection of Environmental Health was based upon an assessment that if the application was granted it would undermine the licensing objective to avoid public nuisance.

The sub-committee then heard from the applicant that:

·         The application did not seek to extend the hours of operation or to provide music outside.

·         The application supported licensing objectives; an extra bar outside would reduce queuing and tension at the indoor bar and allow people to access a cool space.

·         A controlled environment within the nightclub was demonstrated by the pictures that had been circulated in the supplement.

·         The location of a bar in the outside space would limit the opening and closing of the external door, as people would stay to drink in the garden and reduce breakout noise from the nightclub.

·         There had been no noise complaints in the previous three years. There were greater numbers of noise complaints at other venues in Hereford.

·         The applicant had placed notices locally and advertised in the local press during consultation for the variation of the license.

·         The variation would be for the benefit of staff, customers and public.

Following questioning by the sub committee it was confirmed that:

·         Three noise complaints for the nightclub were listed on Environmental Health records but were not recent.

·         The capacity of the Venue was 400 but this was limited by the nightclub to 350.

·         Bottles and glasses would be collected regularly and bins for glass disposal from the bar could be placed in the cellar.

There was an adjournment at 2:30 p.m.; the meeting reconvened at 2:50 p.m.

The sub-committee carefully considered all the representations, reports and evidence before them. 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 2020 - 2025. 

DECISION

After hearing representations today it is the sub committee’s decision to grant the application as applied for.

REASONS

The reasons for this is that the sub-committee has taken into account the written representations and information presented to the committee and fully recognise the concerns raised and the reasons why the representations were made, however the sub-committee considers the application made will promote the licensing objectives.

I would like to clarify to members of the public that you can go to the Licensing and Environmental Health departments at Herefordshire Council with any evidence based concerns.