Agenda item

An application has been made on behalf of BCP Council for a premises licence for Mudeford Quay, Christchurch for the following activities and times:

Plays – 10:00 to 23:00

Films - 10:00 to 23:00

Live Music - 10:00 to 23:00

Recorded Music - 10:00 to 23:00

Performances of Dance -10:00 to 23:00

Activity like music/dance - 10:00 to 23:00

An application had been received for a new premises licence for Mudeford Quay, Christchurch for the following activities and times:

The application was brought before the Licensing Committee for determination because the Licensing Authority received three representations from 'other persons' on the grounds that if this application were granted it would undermine three of the licensing objectives being; the prevention of a public nuisance, the prevention of crime and disorder and public safety and because the premise is Council owned.

Attendance:

Cllr J Butt – Chair of the Committee

Cllr J Bagwell – Vice-Chair of the Committee

Cllr S Anderson

Cllr D Brown

Cllr R Burton

Cllr N Decent

Cllr B Dion

Cllr B Dove

Cllr G Farquhar

Cllr D Farr

Cllr T Johnson

Cllr D Kelsey

Cllr L Williams

Becky Baker, BCP Senior Licensing Officer

Nananka Randle, BCP Licensing Manager

Johanne McNamara, BCP Legal Advisor to the Sub-Committee

Joseph Tyler, BCP Clerk to the Committee

Chris Saunders, BCP Council Director of Destination and Culture

Helen Wildman, BCP Council Events Manager

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

The Senior Licensing Officer presented the report, a copy of which had been circulated to all parties and a copy of which appears as Appendix A to these minutes in the Minute Book. The Committee was asked to consider an application for a new premises licence, dated 10 February 2021, for the licenced area known as Mudeford Quay as shown in Appendix 2, to allow the following licensable activities to take place during the requested times:

Plays – 10:00 to 23:00

Films - 10:00 to 23:00

Live Music - 10:00 to 23:00

Recorded Music - 10:00 to 23:00

Performances of Dance -10:00 to 23:00

Activity like music/dance - 10:00 to 23:00

Following this, the Council Events Manager presented their application and case.

In order to ensure that the three representations submitted by 'other persons' were fully considered, the Chair read these out in turn. The three written representations were included in the report pack and circulated with the agenda prior to the meeting.

The Committee asked various questions of all parties present and were grateful for responses received. There were several questions posed and answered by both the Senior Licensing Officer and the Council’s Events Manager and all parties were invited to sum up before the 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 for a new premises licence, dated 10 February 2021, for the area known as Mudeford Quays, as shown in the plan in Appendix 2 of the report, for the following licensable activities:

Plays, Films, Live Music, Recorded Music, Performances of Dance and Activity like music/dance, to be allowed during the hours of 10:00 – 23:00, Monday to Sunday, be GRANTED subject to all of the conditions in Section 6, 7 and 8 of the report, being the conditions as agreed between Environmental Health, Dorset Police and the applicant, numbered below:

1.             When a TEN is in place, the area subject to the TEN shall be clearly identified.

2.             Any event that provides live or recorded music must submit (,) and have agreed, a Noise Management Plan (NMP) 28 days before the event. The NMP must include contact telephone numbers of the responsible person on-site during the event with which noise complaints can be addressed if they arise. If a noise officer from BCP regulatory team assess the noise levels and finds them to be unacceptable, the event may be closed down without prior warning.

3.             Music noise levels shall not exceed 65dB(A) over a 15-minute period when measured at the boundary of any noise sensitive premises.

4.             Between the hours of 23:00 and 10:00 music noise should not be audible within a noise sensitive premises with the windows open in a typical manner for ventilation.

5.             Low frequency noise shall be adequately controlled particularly 63Hz and 125Hz which shall not exceed 70dB(A) at any time when measured at the boundary of any noise sensitive premises.

6.             The number of events involving live or recorded amplified music that could impact on neighbouring residential properties should be limited to 3 per calendar year.

7.             No later than 28 days before the start of each event, the licence holder will submit to the Licensing Authority, Dorset Police and the Local Authorities Safety Advisory Group for the prior approval of the Licensing Authority an Event Management Plan for that event.

8.             All licensable activities at each event would then take place in accordance with the relevant approved Event Management Plan which would act as the operating schedule for the premises.

9.             The following shall be detailed (but not limited to) within The Event Management Plan:

•           Agency contact list

•           Site plan

•           Event risk assessment

•           Crowd Management & Security

•           Showstop Procedure

•           Noise Management Plan

•           Child & Vulnerable Person Protection Policy

•           Event capacity and timings

•           Fire risk assessment

Reasons for the Decision:

The Committee gave detailed consideration to all of the information which had been submitted before the meeting and contained in the report at Agenda Item 6, in particular the three written representations made by ‘other persons’, along with the verbal submissions made at the hearing by the Senior Licensing Officer and the Council’s Events Manager. The Committee also considered the questions asked and responses given at the meeting.

The Committee acknowledged the concerns raised in the written representation and were satisfied that the application would not undermine the licensing objectives if run in accordance with the operating schedule and the conditions agreed with Environmental Health and Dorset Police. Members were satisfied with the input from the Responsible Authorities and noted that there were no formal objections arising from these bodies. This included Dorset Police, who the Licensing Committee look to as a main source of information regarding issues of crime and disorder in any area. Paragraph 9.11 of the section 182 Statutory Guidance sets out, that it is the responsibility of the Responsible Authority to determine if they have the appropriate grounds to make a representation.

The Committee were mindful that the previous premise's licence was held by a legacy council, Christchurch Borough Council, during which time the Committee had been advised that there had been no reported incidents relating to the licensable activities held by the said authority. The Committee acknowledged the area of the premises as shown in the plan in Appendix 2. Members considered that Safety Advisory Group meetings would be held on a regular basis involving Police, Ambulance and other appropriate bodies and that all activities and events would have to comply with Council regulated event criteria. Furthermore, the Committee noted that full risk assessments and health and safety/ event safety checks and requirements would be agreed with organisers prior to the event. Members were cognisant of the thoroughness of the event management plans that would be produced with each proposed event and specifically recognised the commitment to environmental clean-up and the prevention of noise disturbance that would be enforced for all events to ensure they are regulated correctly. The Committee all agreed that the license would enable more control over activities held on the premises and would enable the licence to be brought back for a review if there were any issues relating to the activities in future.

The Committee granted the licence with the clear expectation that the premises strictly uphold the licensing objectives. The Committee was therefore satisfied that if the above expectations were met and the conditions adhered to, the premises should not undermine the licensing objectives.

The Chair brought the hearing to a close.