Agenda and minutes

LICENSING ACT 2003

LICENSING SUB-COMMITTEE

DECISION NOTICE

APPLICATION FOR A PREMISES LICENCE FOR THORNSETT FIELDS FARM WEDDING AND EVENTS BARN                             

MEETING:    TUESDAY, 11 JUNE 2019 AT 10:00AM

Present: 

Councillor Dowson

Councillor Stone, Chairman 

Councillor Young            

                        Mr S Cartwright Applicant and proposed DPS

                        Mr R Handford           Applicant

Mr Parker                   Objector

Mrs Knight                 Objector 

Mr Brown                   Objector

M Towers                   Senior Officer (Housing, Public Health and Licensing)

                        S Bradbury                Licensing Officer

N de Bruin                Legal Services Solicitor

None of the members had any interests to declare.

Introduction

The hearing was called to consider an application for a Premises Licence under the Licensing Act 2003 in respect of Thornsett Fields Farm Wedding and Events Barn, Briargrove Road, Birch Vale, High Peak, SK22 1AX within the provisions of the Licensing Act 2003 due to relevant representations being received from interested parties.

          None of the Councillors declared an interest in the application.

          2 photographs of the interior of the barn together with further representations from Mr and Mrs Knight and a submission from Mrs Handford, who was unable to attend, had been circulated prior to committee and had been seen by all parties and a DVD submitted by Mr Brown in order to show noise levels at Mr Brown’s house at 21.24pm on the 1^st June 2019 was viewed during the course of hearing.

          A late submission from Mr Coulthurst was read out by Mr Towers, also during the course of the hearing.

          All parties having had opportunity to make their submissions and ask questions of the other parties, summed-up and then the Sub-Committee withdrew for deliberation. S182 guidance and High Peak Borough Council ‘Statement of Licensing Policy’ were taken into account before coming to a decision.     

Decision

The Sub-committee determined to refuse the application

Conditions and Reasons

The barn to be licensed is situated in a very rural area and the Sub-Committee accepted submissions from neighbours that the situation of the barn and its open construction allowed noise to carry over the valley without any natural or built barriers to prevent it from doing so.  The Sub-Committee were sympathetic to the applicants lack of knowledge regarding the impact of their activities at the barn on their neighbours, however, knowing what they now know it is clear that even on 15 events allowed by way of TENS there is a noise nuisance being caused to neighbours and without knowing what steps could be taken to reduce the nuisance the Sub-Committee were unable to impose practical and enforceable conditions to mitigate the noise nuisance.  The only solution would be to take professional advice on how the noise could be controlled in a suitable manner; at present the grant of a licence would undermine the licensing objectives, in particular that relating to public nuisance.

For the time being the applicant could continue to submit TENS but the Sub-Committee urged the applicants to take steps as soon as possible to reduce the impact of noise.

In relation to nuisance caused by traffic the Sub-Committee found that  ...  view the full minutes text for item 6.

RESOLVED: That the public and press be excluded from the meeting for the following items because there may be disclosure to them of exempt information as defined in Part I of Schedule 12A of the Local Government Act 1972.

Consideration was given to the review of a Licence to drive a Hackney Carriage/Private Hire Vehicle.

Consideration was given to the review of an Operator’s Licence and employment of unlicensed driver.