Agenda item

To consider the report of the Head of Licensing and Registration on an application seeking to vary the existing premise licence held at the Headingley Carnegie Cricket Ground, Headingley LS6

(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 to vary the premises licence held at the Headingley Carnegie Cricket Ground, St Michaels Lane, Headingley.

Representations had been received from LCC Environment Protection Team (LCC EPT) and LCC Department of Development, local residents and the local ward Councillor. Members and all parties were in receipt of supplementary documents submitted by the applicant. The following were present at the hearing:

The Sub Committee heard from Mr Bashir and Mr Hogg who explained that extending the hours of operation to 23:00 hours and amending/removing relevant conditions would permit the venue to hold concerts. Mr Nash outlined measures proposed to manage noise generated by events and referred to the Noise Council’s Code of Practice on Environmental Noise Control at Concerts (1995).He explained the applicants view that the venue should be classified within the category of “urban stadia or arena” with a recommended noise limit not exceeding 75 dBA. The venue was currently classified as “other urban and rural venue” which set a 65 dBA noise limit. Mr Fraser then addressed the Sub Committee with regards to the management of crowds and impact on public nuisance. During discussions Members heard :

-  2 events proposed per year most likely to be held during the summer months with 25,000 attendees anticipated

-  75dBA would be employed during performances by main acts. Most main acts commenced at 21:00 hours and finished at 22:30.

-  the earlier start time would allow daytime concerts at weekends

-  no concerts had been held during 2011 due to the restricted hours and noise limit

-  acknowledged that the existing planning permission for the ground would have to be amended to facilitate the crowd size and use

The Sub Committee then heard from Mr B Kenny LCC EPT who stated concert events in this ground would cause disturbance to local residents and referred to the current Premises Licence which had been granted in January 2011 when the noise conditions had been set. He stated the venue had been correctly categorised as “other urban and rural venue” at that time as the venue did not lie within a city centre location. Mr Kenny also considered the likely noise and disturbance caused by the volume of patrons attending and leaving concerts in the early evening and late at night and through the setting up and dismantling of the equipment necessary to stage a concert

Mr C Sanderson, LCC Development then addressed the Sub Committee setting out the departments’ concerns over the disturbance and impact of the proposed use of the venue for events in terms of noise, comings and goings of attendees.

The Sub Committee then heard from local ward Councillor M Hamilton who reiterated the residential nature of the locality and stated that local residents tolerated the current style of events held at the venue but would not anticipate the impact of full scale concerts at the venue. He could see no change in the venue, locality or measures from a  licensing perspective and therefore no reason to change the decision made in January 2011.

Mr B Moy then addressed the Sub Committee on behalf of residents of The Turnaways who expressed concern about the anticipated 25,000 event attendees and the impact they would have on the locality in terms of increased noise and traffic, particularly as the Turnaways homes were immediately adjacent to the cricket ground.

Mr Bashir was permitted to ask a question relating to the representation submitted by LCC EPT. All parties present discussed the interpretation of the Code of Practice relating to the current designation of the venue as “other urban” and considered the applicants submission that the venue should be classified as “urban stadia or arena”

The Sub Committee carefully considered the application, the written submissions and supplementary documentation pertaining to the application. Members also heard and considered the verbal representations made at the hearing. The Sub Committee contained two of the same Members who had heard the previous application in January 2011 and recalled the discussions at that hearing when the applicant amended the application to cease use of the premises licence at 21:00 hours having had regard to the representations received. Members considered this application afresh; particularly the hours of operation requested (until 23:00 hours) and reconsidered the Code of Practice classification of the venue from “other urban” (currently) to “urban stadia” as suggested by the applicant. This would afford the venue an increased volume to 75dBA

The Sub Committee, having heard the evidence of the residents, local ward Councillor, LCC EPT and LCC Development, was satisfied that the correct classification for the venue was “other urban and rural” venue.

RESOLVED – To grant the variation application in part as follows:

Hours and activities - To grant as requested (12:00 until 23:00 hours)

Conditions – That part of the application relating to the removal and/or amendment of conditions is refused. The venue therefore retains the classification of “other urban and rural” and accordingly retains the existing noise level of 65dBA and conditions