Agenda item

An application has been received to vary the premises licence for the premises known as Poole Stadium, Wimborne Road, Poole.

This matter is brought before the Licensing Sub Committee for determination.

Present:

From BCP Council:

Tania Jardim – Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Sarah Culwick – Clerk to the Sub-Committee

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties.

The Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix B to these minutes in the Minute Book.

The Sub Committee was asked to consider an application to vary the premises licence for the premises known as Poole Stadium, Wimborne Road, Poole BH15 2BP, to enable them to hold a maximum of three outdoor music events per year and drive in film events during weekends and holiday periods as detailed in the report.

The Sub-Committee was advised that in response to the application two representations had been received from other persons objecting on the grounds that granting the application would undermine the prevention of public nuisance licensing objective.

Further to this the Sub-Committee was advised that following mediation with Environmental Health, three conditions had been agreed as set out in paragraph 5 of the report. 

The Sub-Committee was informed that one representation from an other person in support of the application had been received, and that BCP Planning department had confirmed that permission to vary a planning condition would be required to enable the variation to the licence to operate, if granted.

The following person attended the hearing and addressed the Sub- Committee to expand on the points made in written submissions:

• Mr David Pheby – the applicant

The Sub Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal.

RESOLVED that the application to vary the premises licence for Poole Stadium, Wimborne Road, Poole BH15 2BP, to enable them to hold a maximum of three outdoor music events per year and drive in film events during weekends and holiday periods, be GRANTED, accordingly to permit the following activities which are already permitted indoors to take place outdoors subject to the conditions as set out below:

1.        Films – Monday to Sunday 11:00 to 02:30 (soundtrack to be broadcast direct to vehicles and to finish at 23:00 – the applicant stated 02:30 on the application to reflect the times they are already permitted indoors)

2.        Live Music – Saturday 11:00 to 23:00

3.        Recorded Music – Monday to Saturday 11:00 to 23:00, Sunday 11:00 to 22:30

Conditions agreed with Environmental Health for inclusion in the License:

• There will be a maximum of three music event days per calendar year (either live, recorded or a combination).
• Poole Stadium Ltd will notify the Environmental Health office no later than 56 days prior of the date of any music event.

·       They will notify Environmental Health of who the appointed noise consultant is for the event and provide the first draft of the noise management plan no later than 21 days prior to the event being held.

Reasons for Decision

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report for Agenda Item 6, including the written representations received from local residents, and the verbal submission and responses to questions given at the hearing by Mr David Pheby.

The Sub Committee noted that the applicant had demonstrated a willingness to negotiate with Environmental Health prior the hearing to agree additional conditions as set out above. It was also noted that Mr Pheby had taken steps to contact the local residents to explain the proposals in more detail with a view to mediation.

The Sub-Committee also noted that there have been no concerns raised by BCP Council’s Licensing Team in relation to the Premises current licence.

The Sub-Committee was satisfied that if the premises operated in accordance with the conditions offered in the operating schedule of the application and the conditions agreed through mediation with Environmental Health, that the premises should not undermine the licensing objectives and as such the application to vary the premises licence should be allowed. 

It was noted that a review of the premises licence could be applied for at any time by a Responsible Authority or any other person should there be any issues associated with the premises in the future that undermine the licensing objectives.

In making this decision the Sub-Committee have had regard to the Bournemouth, Christchurch and Poole Council Licensing Policy, the revised guidance, as set out by the Secretary of State and the licensing objectives, as set out in the Licensing Act 2003.

Right of appeal

All parties to the application have the right to appeal to the Magistrate’s Court within the period of twenty-one days beginning with the day on which the applicant is notified by the Licensing Authority of this decision in writing.

Voting: Unanimous