The Director of Law, HR and Asset Management reported upon an application that had been received from Thornton Manor Estates Limited to vary a Premises Licence in respect of Thornton Manor, Manor Road, Thornton Hough, under the provisions of the Licensing Act 2003.

The application was to remove the following conditions from the Premises Licence:

• No amplified music shall be permitted to be played in the areas outside of the Manor House Building with the exception of music played within a marquee located in the Walled Garden.
• No Live Music or Recorded Music shall be permitted in the areas outside of the Manor House Building after 8.00 pm with the exception of music played within a marquee located in the Walled Garden.

The applicant has proposed to include the following condition on the Premises Licence if the variation is granted:

• Live Music and Recorded Music (both amplified and unamplified) to be played in the areas outside the Manor House Building from 09:00 to 21:00.

In respect of this application, two representations had been received from local residents.  The representations related to noise nuisance from entertainment provided in the outside areas of the premises.  Petitions had also been received signed by local residents who were concerned that if the variation were granted then this would increase the noise nuisance emanating from the premises.  The petitions contained a total number of 42 signatures.  Copies of the representations and petitions were available.

Environmental Health (Pollution Control) had made a representation concerning the Prevention of Public Nuisance due to a history of complaints regarding disturbances from music outside the building.  A copy of the representation was available.

Ms D Simpson, Designated Premises Supervisor attended the meeting together with Mr P Cowan from Thornton Manor.

Also in attendance were Mr D Howard, Environmental Health Officer and Mr Knapp, Counsel representing Mr and Mrs Wetherall who objected to the application.

The Licensing Officer confirmed that all relevant documentation and been sent and received.  Ms Simpson requested that two letters be submitted to Members and Mr Knapp wished to submit two google maps.  Both parties agreed that this documentation may be submitted, it was therefore distributed to Members and taken into consideration.

Ms Simpson addressed the Sub-Committee and explained that Thornton Manor is a country house located in a rural setting of 120 acres.  She advised that functions were held at the premises, mostly weddings and that the purpose of the application was so that amplified music could be played outside.  She gave the example that live music may be played during a ceremony for maybe a half hour then for reception drinks afterwards which might be for another one and a half hours and that the music would be played in the areas where the ceremonies were held and on the rear terrace.

Ms Simpson responded to questions from Members of the Sub-Committee and Mr Knapp.

During questioning it was established that the Dell and the Lakes (areas of land within the Thornton Manor Estate, were controlled under a separate Premises Licence.

Mr Howard explained that there had been a history of complaints regarding the Lake marquee so they did not relate to this application.  He felt that if the music was not audible at the site boundary this would not impinge on local residents.

Mr Knapp reported that the complaints related to the late hours and advised that noise had been emanating from the site.  He felt that the applicant sought to adjust the balance which was already in place due to the current conditions imposed on the Licence.  Mr Knapp asked foremost that the application be refused as he felt there was no good reason to change what was already in place.  However he asked that if the application were not refused that some strict wording should be placed on the Premises Licence which would state the type of music to be played, the purpose of it and the areas where it was to be played.

Mr Knapp responded to questions from Members of the Sub-Committee and Ms Simpson and Mr Cowan.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Department of Culture, Media and Sport Guidance issued under Section 182 of the Licensing Act 2003.

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 be granted as follows:

The following condition be removed:

• No amplified music shall be permitted to be played in the areas outside of the Manor House Building with the exception of music played within a marquee located in the Walled Garden.

(3)  That the following condition be attached to the Premises Licence:

• No Live Music or Recorded Music shall be permitted in the areas outside of the Manor House Building between the hours of 8.00 pm and 9.00 am with the exception of music played within a marquee located in the Walled Garden.