Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the grant of a Premises Licence in respect of premises situated at Dick Lane, Thornbury and trading as “La Liga Soccer Centre”

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application for the grant of a Premises Licence for “La Liga Soccer centre”, Dick Lane, Thornbury.

Representations had been submitted by LCC City Development and two representations from LCC Environmental Protection Team (LCC EPT), the first dated 23 April 2010 which included suggested measures to address the relevant licensing objective and the second dated 24 May 2010. Letters of representation had also been received from the following members of the public - Mr Q Alam; Mr D W Kenyon; Ms J Jones: K D Sharpe; Mr & Mrs Cawthra; Mr D Forrest  and Mrs F Mir. Local ward Councillors A Carter; Marjoram and Wood had also submitted a representation and Mrs Mir, who had been unable to attend submitted one supplementary letter. None of the local residents attended the hearing and the Sub Committee resolved to proceed in their absence.

The Sub-Committee first considered representations from Mr C Sanderson on behalf of LCC City Development who outlined the 2001 planning consent for the premises as a detached changing room with ancillary bar and flat above. The permitted hours of use had been set having regard to the amenity of surrounding local residents and were restricted to:

Monday to Saturday  07:30 until 23:00 hours

Sundays   09:00 until 22:30 hours

Mr Sanderson noted the premises, although near a business park, was not surrounded by a built environment which would prevent noise travelling greater distances towards local residents but was surrounded by open pitches and a former golf course. He explained that complaints had been received about the premises during the last 18 months, and the premises management had been informed. During discussion he reiterated the planning permission stipulated bar use to be ancillary to the main use of the building as a changing room. The structure was sufficient for changing rooms and had not been altered since 2001.

Mr Sanderson concluded by stating the existing planning hours of operation were still appropriate to protect the amenity of local residents.

Mr B Kenny then addressed the Sub Committee on behalf of LCC EPT and explained the two submissions from the Department. The first contained measures proposed in order to address the prevention of public nuisance licensing objective – which the applicant had agreed to. However on 20 May 2010 an event had been held at the premises, and following receipt of complaints, the EPT Out of Hours Team had witnessed loud music at 23:15 hours which was a Statutory Nuisance. A Noise Abatement Notice was subsequently served on 27 May 2010. The Department then submitted the second letter of representation to this application. During discussion Mr Kenny stated that if measures could be implemented to contain noise within the building, then it was possible the Departments’ concerns could be addressed.

The Sub Committee then considered the representation made by Mr J Cordingly, Licensing Consultant acting on behalf of the applicant. Mr Cordingly was accompanied by Mr R Blackburn the applicant and Mr S Baker, commercial manager.

Mr Cordingly outlined the premise licence and ownership history of the premises and recent the investment made into the business by the applicant. Mr Cordingly stated the applicant was now aware of the conflict between the requested hours of operation of the premises licence and those conditioned on the planning consent. Previous licensing permissions had been granted which had allowed the premises to operate until 01:00 hours.

Mr Cordingly referred to the measures proposed by the applicant and detailed in Box P of the application which the applicant felt would, with careful management, allay residents concerns. Mr Baker briefly addressed the hearing regarding misuse of the surrounding pitches and car park by people who were not patrons of the Soccer Centre, liaison he had previously undertaken with local residents. He also confirmed the premises were air conditioned and that doors were not left open.

The Sub Committee considered the representations made by the Responsible Authorities, the applicant and by members of the public in their letters of representations. Members were concerned about public nuisance issues, noise issues raised by LCC Development and the event held at the premises on 20^th May 2010 at which a Statutory Noise Nuisance was witnessed at 23:15 hours.

The Sub Committee also noted with concern the applicant’s admission that the structure of the building and its’ tin roof had not been constructed to contain music. However the Sub Committee did not consider their concerns strong enough to merit not granting the application and felt there were steps which could be taken which would address the licensing objectives.

RESOLVED – To grant the application for all the licensable activities requested, but to limit the hours of operation of the Premises Licence as follows:

Monday to Saturday  10:00 until 23:00 hours

Sunday  10:00 until 22:30 hours

·  The measures outlined by the applicant at Box P of the application form and those measures agreed with LCC EPT prior to the hearing are imposed as conditions on the Premises Licence

·  Where there is a conflict of those conditions, those set by the Responsible Authorities shall take precedence