Agenda item

An application has been received from Environmental Health for a review of the Premises Licence for the premises known as Camden Bar and Kitchen, 4-6 Bournemouth Road, Poole BH14 0ES.  This matter is brought before the Licensing Committee for determination. 

Attendance:

From BCP Council:

Frank Wenzel – Licensing Team Manager

Paul Barker – Environmental Health Officer

Johanne McNamara – Senior Solicitor

Mary Almeida – Lawyer (Observing)

Joseph Tyler – Democratic and Overview and Scrutiny Officer

On behalf of the premises owners:

Sandra Graham – Representing license holder

Lauren Nolan– Premises Owner

Phil Curley – Premises Owner

Ian McCarther – Acoustic Engineer

Press: 1

The Chairman opened the meeting, made introductions and explained the procedure for the hearing, to which all parties agreed.

The Licensing Team Manager presented the report and explained that the Licensing Act 2003 enables the Sub-Committee to consider applications from responsible authorities for the review of Premises Licences. Information was also provided on the Live Music Act 2012, specifically, how it accounted for the deregulation of the performance of live and recorded music on certain licensed premises.

The Sub-Committee were asked to consider an application to review the premises licence for ‘Camden Bar and Kitchen’, made by Environmental Health on 5th November 2019 following complaints of noise from music. It was heard that the application for review related to the prevention of public nuisance licensing objective. The Environmental Health Officer explained that investigations were made following the complaints. The Sub-Committee heard that the investigations found that the building was not suitable to contain the levels of music that were being played. Members were informed, following discussions between the Environmental Health Officer and the premises owners, that both parties agreed a noise-limiter should be installed to resolve the issue. The Sub-Committee were told that for this agreement to be enforceable, they would need to agree for this to be an added condition, in accordance with s177A(4) of the Licensing Act 2003.

The premises owners’ representative presented a brief overview of the business and its operations since 2010. The Sub-Committee heard why the complaints had arisen and the steps that the owners had taken in order to rectify the issues.

Members of the Sub-Committee asked various questions of all parties present at the hearing. All parties were given the opportunity to ask questions of one another. All parties were then able to sum up before the Sub-Committee retired to make its decision.

RESOLVED that: -

Having regard to the statement of licensing policy and having considered the suggestions made, with the proposed variation being agreed by both parties, the Sub-Committee decided to vary the license to include the terms as agreed:

“The Live Music Act 2012 exemption (S 177 of the Licencing Act 2003) shall be disapplied to the extent that any live or recorded music, as permitted under the Live Music Act 2012, shall only be played through an in-house system that is controlled by a noise limiting system. This noise limiting system must have the levels set and maintained at levels which shall be agreed by Officers from BCP Council Environmental Health Department.”

Reasons for decision:

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal submissions made at the hearing by all parties. In making its decision the Sub-Committee considered the representations made by the other persons, the submissions made by and on behalf of the applicant, the relevant licensing objectives, the Licensing Act 2003, Live Music Act 2012 and Statement of Licensing Policy. The Sub-Committee were content with the proposed variation being agreed by both relevant parties.