notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. She explained that the Sub-Committee would consider one application then outlined the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

application to vary premises licence under the licensing act 2003 - red lion public house, high street, sittingbourne

Mr Webster, the Agent, explained that a recent planning application had been approved by Swale Borough Council (SBC) to create a barn area in the courtyard of the Red Lion Public House. The applicants were seeking approval to provide licensable activities in the new barn area; an extension of hours for regulated entertainment in the main premises, new barn area and external courtyard; and removal of the condition that the beer garden must close by 24.00 hours each night. He referred to the representation received from SBC's Environmental Health Department and advised that no further representations had been submitted from statutory consultees.

Mr Webster drew Members' attention to the report from the Environmental Protection Team Manager and made the following comments: a Noise Abatement Notice had not been served; there was no history of problems at the Red Lion; conditions could not be attached at a later stage and background music did not require a licence. He stressed that it should be recognised that the High Street had a greater level of background noise than other residential areas. Mr Webster referred to the objective in SBC's Licensing Policy to promote a night-time economy in the Borough.

In response to a question from a Member, Mr Webster advised that the applicants had commissioned an independent acoustics report by a Chartered Engineer. The report considered that live music in the external courtyard after 24.00 hours would become a noise nuisance for neighbours. Mr Webster advised that the applicants accepted the findings of the report and agreed that the application could be amended to restrict live music in the external courtyard to 24.00 hours.

In reference to the acoustics report, the Environmental Protection Team Manager raised concern regarding noise limiters and questioned where they would be placed. Mr Webster advised that a noise limiter was seen as a last resort by the applicants.

Ms Ayress and Mr Amey, local residents, spoke in objection to the application. They considered that the noise from the Red Lion, in particular live music in the external courtyard, made it difficult to sleep and affected their lives. As their property was a listed building they could not install double glazing.

The Environmental Protection Team Manager considered that the needs and residential amenity of neighbours needed to be balanced against the proposed application. He referred Members' to the report from the Licensing Enforcement Officer and the Environmental Enforcement Officer and their conclusion that, at the time of their monitoring visit, the noise from live music was causing a statutory noise nuisance. He raised further questions regarding monitoring noise from live music inside the premises; the type of live music; whether the 'wind down' time was included within, or additional to, the hours stated and would the applicants have karaoke in the external courtyard. He considered that the condition regarding the closure of the beer garden by 2400 hours should not be removed to safeguard the needs of residents.

Members discussed the application and it was confirmed by Officers that complaints regarding noise from the Red Lion had only been received in the past few months. The Chairman stressed that residents should ensure that they reported every incident of noise nuisance to SBC.

Those present were given the opportunity to summarise their case.

The Licensing Committee adjourned to make their decision at 11:12 am. Members of the Sub-Committee, the Senior Solicitor and the Senior Democratic Services Officer left the meeting and returned at 11:31 am, when the Sub-Committee re-convened.