Agenda item

To consider the report of the Head of Licensing and Registration on an application for the grant of a premise licence in respect of Ings Hotel, Guiseley

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered an application for the grant of a premises licence for Ings Hotel, Guiseley. The premises currently benefited from a premises licence, but sought to include a marquee and additional activities within the area covered by the premises licence.

Representations had been received from LCC Environmental Protection Team (LCC EPT). The following were present at the hearing:

The Sub Committee heard from Mr Coen regarding the current style of operation of the Ings Hotel and the intention to include a marquee in order to provide an additional function facility. Licensable activities in the marquee would cease at 22:00 hours but would continue within the hotel building until 23:00 hours. The marquee would provide background music but was not big enough to accommodate a live band. Mr Coen outlined the measures already in place to address the licensing objectives and addressed the matter of the complaint referred to in the licensing officers report.

Mr Coen stated that, following discussions with LCC EPT, the applicant now offered to restrict the number of events held in the marquee where regulated entertainment was provided to 12 per year. He therefore suggested that proposed measure No 2 “Noise from a licensable activity at the premises will not be audible at the nearest noise sensitive premises which are Ings Lane and Ings Avenue” was not now appropriate. In discussions, the following was confirmed:

-  The marquee was 10m x 4m temporary structure with a capacity of approximately 40 persons

-  The hotel kitchen would not provide food for the functions held in the marquee. The event organiser would have to supply food so there would be no additional plant/machinery required for the marquee

-  An external speaker was located within the smoking shelter

Members discussed the 8 measures proposed by LCC EPT with the applicants and canvassed their view on whether these were appropriate.

The Sub Committee then heard from Mrs R Teale, LCC EPT, who highlighted the good working relationship between the department and this premises licence holder. The department felt that the marquee would be a well managed addition to the premises and that the measures would be adhered to. Mrs Teale set out the reasoning behind each proposed measure which were intended to ensure the continuing good management of the premises, should another DPS take over.

After discussions between the parties on the LCC EPT measures and noting those which were now agreed or amended, the Sub Committee carefully considered the representations made by the applicant and LCC EPT.

Members noted the applicant offered to amend the application to provide no more than 12 events per year which provided regulated entertainment in the marquee and had regard to the fact that licensable activities would cease in the marquee at 22:00 hours. The Sub Committee considered the representations regarding the EPT proposed measures and considered these in the light of the future use of the marquee.

RESOLVED – To grant the application in the following terms:

Hours & Activities – granted as requested

Conditions – The measures as suggested and amended between the applicant and LCC EPT shall be included within the premises licence as conditions. To clarify the following apply:

1) The temporary marquee should not exceed the size on the plan (10x4m) or be sited anywhere else on the site

2) Noise from a regulated entertainment and /or provision of regulated facilities from within the marquee will not be audible at the nearest noise sensitive premises which are Ings Lane and Ings Avenue

3) There shall be no additional external loudspeakers attached to the building

5) Noise from plant or machinery shall not be audible at the nearest noise sensitive premises during the operation of the plant or machinery. Plant and machinery shall be regularly serviced and maintained to meet this level

7) the activities of persons using the external areas shall be monitored after 10pm and they shall be reminded to have regard to the needs of local residents and to refrain from shouting and anti social behaviour etc when necessary

8) Clear and legible notices will be displayed at exits, car parks and other circulatory areas requesting that patrons to leave the premises quietly having regard to the needs of local residents, in particular emphasising the need to refrain from shouting, slamming car doors, sounding horns and loud use of vehicle stereos and anti-social behaviour

(Note: Proposed measures 4 and 6 are not imposed)