To consider an application for a grant of a premises licence in respect of Ross Conservative Function Room, Hillsborough House, The Avenue, Ross-On-Wye, HR9 5AW 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, published on 11 September 2024.

Prior to making its decision the Council’s Licensing Officer presented the report which outlined the options available to the Sub-Committee. Three representations were received from the Responsible Authorities: West Mercia Police, Trading Standards and Environmental Protection.  The conditions proposed by all Responsible Authorities have been agreed with the Applicant. Two relevant public representations had been received. The Licensing Officer summarised the application and provided an overview of the representations received.

The Sub-Committee heard from the public representative, Mr Barry Williams that:

•           They lived directly adjacent to the premises and had concerns that guests would socialise externally and create a noise nuisance for himself and other residents.

•           He was not opposed to live music or people having fun, but it was felt that extending the hours was an unnecessary burden on the residents and that the current gap between 3pm – 6pm was necessary for him and other residents to enjoy respite.

The Council’s Licensing Officer explained that under the Live Music Act of 2012, a licence was not required for live or recorded music for less than 500 people and would only come into force at 11:00 PM at night which also applied to enforceable noise conditions.

The Sub-Committee then heard from the applicant’s representatives; Ms Dawn Williams, Ms Laura Dobbs and Ms Adrian Jones that:

•           The club were not making changes to their opening hours and that they were merely    applying for the club to become more inclusive by opening their function room up for public use.

•           The club had submitted an FOI which revealed only one noise complaint had ever been received and this was due to an extractor fan, the issue was resolved promptly. This was in 2011.

•           It was explained that there were numerous car parking spaces for the public and their members to park in a nearby offices car park.

•           The club had always had a licence (Club Premises Certificate) until 12:30am but this was very rarely utilised and explained that normally on a Friday they would be closed by 11pm after skittles. 

The Council’s Licensing Officer confirmed the following conditions had been agreed:

1.         Noise or vibration shall not emanate from the premises so as to cause a nuisance.

2.         All doors and windows at the premises shall be kept closed after 2300 hours, except for immediate access and egress.

3.         Any speaker within the premises shall be directed away from any residential property.

4.         Prominent clear and legible signage no less than 32 front bold shall be displayed at all exits to the premises requesting the public to respect the needs of local residents and leave the premises quietly.

Following questioning by the Sub-Committee it was confirmed that:

•           A member of staff would always be on the premises.

•           That a new website had been introduced and social media would be used to advertise any events, but events would normally be private functions only.

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

The Sub-Committee’s decision is to approve the application as applied for with the agreed conditions of the responsible authorities (West Mercia Police, Trading Standards and Environmental Protection).

REASONS

The Sub-Committee has taken into account the detailed representations and information presented at the hearing by Senior Licensing Officer Emma Bowell, Local Resident Mr Barry Williams and representatives of the Applicant, Ms Dawn Williams, Ms Laura Dobbs and Adrian Jones. . The Sub-Committee fully recognised the concerns raised by Mr Williams and the reasons why the representations were made. The Sub-Committee can only consider those representations that relate to one or more of the licensing objectives.

The Sub-Committee noted that there were representations  made by the Trading Standards Department, Environmental Protection and West Mercia Police seeking additional conditions on the licence which were accepted by the Applicant. No further representations were received from the Responsible Authorities.

The Sub-Committee noted that concerns have been raised Mr Williams who resides immediately adjacent to the premises in relation to noise emanating from the venue causing disturbance to local residents, potential for patrons of the premises causing disruption within the community and the impact on the local area generally.

The Sub-Committee noted that only 1 complaint has been identified by the applicant and this dated back to 2011.No other formal complaints have been noted.

The Sub-Committee noted the submissions made by the Applicant in support of the premises licence application and also noted the conditions on the Licence and the measures that are being taken to mitigate any potential impact on the local area.

The Sub-Committee considered that the application made is comprehensive and will promote the licensing objectives.

The Sub-Committee strongly advised that should the premises licence conditions not be complied with, that the residents inform the Management of the premises in the first instance and if concerns continue, to inform Herefordshire Council Environmental Health and Licensing Department as well as the other appropriate Responsible Authorities so that concerns are properly documented as soon as practicable.