Agenda item

10.00 AM: APPLICATION FOR A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - CLAREMONT FARM, OLD CLATTERBRIDGE ROAD, BEBINGTON

Minutes:

The Chair of the Licensing Panel announced that this meeting was being held virtually, was being webcast and a record would be retained.

 

The Director of Law and Governance reported upon an application that had been received from Claremont Farm Limited for a Premises Licence in respect of Claremont Farm, Old Clatterbridge Road, Bebington.

 

It was reported that the premises do not currently have a Premises Licence.  The hours applied for were set out within the report. 

 

The applicant had submitted an operating schedule setting out how the business would be conducted/managed in accordance with the four licensing objectives. A copy of the full application was available. Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the application be granted.  It was reported that following discussions with Merseyside Police, the applicant had agreed to include a number of conditions on the Premises Licence.

 

In respect of the application seven representations had been received from local residents who were objecting to the application.  The representations related to concerns of anti-social behaviour and public nuisance being caused to local residents should the application be granted.  Copies of all representations were available.

 

The applicant attended the meeting by way of video conference together with the Operations Manager, Claremont Farm Events.

 

Three local residents also attended the meeting by way of video conference.

 

The Licensing Manager confirmed that all documentation had been sent and received.

 

The Licensing Manager outlined the report.

 

The applicant addressed the Panel and reported that he already held a Premises Licence for the building located on the farm.  He submitted that he had made this application to support his business due to the restrictions that had been put in place in respect of the pandemic and the granting of the application would provide an extended area to facilitate events.  He advised Members of the Panel that he intended to screen films to an outdoor audience who would wear headphones to avoid any noise disturbance and also to provide acoustic music and classical music nights.  He further advised that he had run these events over the last 12 months under Temporary Event Notices and during this time no complaints had been received either by himself or the Licensing Authority.  He believed it was no longer viable to continue applying for Temporary Event Notices. 

 

In response to questions from Members of the Licensing Panel, the applicant advised that all events would be ticket only and no admittance would be permitted on the door.  He explained that this system would enable strict control on the number of people able to attend events.  Members of the Panel were informed that sufficient parking was available on site to accommodate members of the public attending events.

 

In response to questions from local residents, the applicant gave assurances that if no disturbance had been experienced during the previous events there would be no disturbance from any future events should the application be granted.

 

Members of the Licensing Panel were informed that as well as the conditions proposed in the operating schedule by the applicant, conditions proposed by Merseyside Police had also been agreed to by the applicant to manage the operations taking place should a Premises Licence be granted.  The Panel were also advised there were no representations received from any of the Responsible Authorities.

 

A local resident addressed the Panel and reported upon his experience that events at the premises had been extremely well run and had seldom given rise to any problems.  He further reported that when issues had arisen, the applicant did take action to address the concerns raised.  Members of the Licensing Panel were advised that the business was managed responsibly and that due to the assurances provided by the applicant the resident was content to withdraw their representation.

 

The Licensing Panel heard from another local resident who expressed concern regarding noise and light pollution that may be caused from events being held at this site however, the resident did advise the Panel that he had not experienced any disturbance from any events that had taken place last year. 

 

In determining the application the Licensing Panel had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under Section 182 of the Licensing Act 2003.

 

In determining the matter, Members of the Licensing Panel had regard to the written representations from local residents in respect of their concerns regarding an outdoor music venue being in close proximity to residential properties and the effects of noise nuisance from music and people attending events at the site.  Members gave particular consideration to the business model provided by the applicant as well as the extensive conditions that the applicant was prepared to have attached to the Premises Licence to manage any licensable activities in accordance with the licensing objectives.

 

In coming to their decision, Members gave consideration to the fact that following discussions with the applicant, a resident who lived in close proximity to the premises had withdrawn his representation as he was content by the assurances provided by the applicant that any concerns that may arise in the future would be addressed.

 

In determining the application Members also had regard to the fact that no representations had been received from any of the Responsible Authorities, in particular Environmental Health.  Members also took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant of a Premises Licence.

 

Resolved

 

(1)   That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application. 

(2)   That the application for a Premises Licence in respect of Claremont Farm, Old Clatterbridge Road, Bebington be granted with the following hours and with the conditions set out in the operating schedule and agreed with Merseyside Police:

Sale by Retail of Alcohol

 

Sunday to Saturday  11:00 to 23:00

 

Exhibition of Films

 

Sunday to Saturday  11:00 to 23:00

 

Live Music

 

Sunday to Saturday  11:00 to 23:00

 

Hours Open to the Public

 

Sunday to Saturday  09:00 to 23:00

Supporting documents: