Agenda item

Councillors Jenny Hannaby, Monica Lovatt and Jim Moley had each declared a Personal interest in this item and in accordance with Standing Order 34 they remained in the meeting during it consideration.

Further to the report, the Committee was advised that there would be a net reduction in opening of 1 ½ hours per week and not 2 ½ hours as set out in the report

J Payne, a neighbouring resident made a statement objecting to the application.  Speaking on behalf of those residents who had made representations to the Council and those residents who had not been able to write, she raised concerns regarding noise and disturbance; breaches of the existing condition in that the Club was often open beyond permitted times; the application site being in a densely populated residential area where there were family homes with young children, old age pensioners and people working from home who were disturbed by the existing noise levels; patrons of the Club being non local;  further disturbance from vibration even if doors and windows of the Club remained closed; and disturbance from shouting, taxis running and slamming doors.  She urged the Committee to reject the application commenting that approval of this application would lead to existing problems being exacerbated. 

One of the local Members commented that the Club was in a residential area. She referred to recent residential development in the area commenting that there were even more residents living nearby. She commented on a complaint she had received regarding noise and indicated that to allow permission would worsen the noise and disturbance experienced neighbours.

The Officers explained that a variation of a condition in 1999 to change the hours of opening had been approved which was a material consideration.

The other local Member reported that the Club caused a great deal of disturbance to local residents.  He commented that Members were being advised that the main issue was noise impact.  He suggested that the overall reduction in opening hours was misleading and gave a false impression that there would be improvement in the current noise and disturbance problems.  He explained that the site was out of the town centre and had become more residential in recent years.  Finally, he advised that on balance he did not support the application.

One Member commented that the Licensing Act 2003 was now in place and that the Club could apply for extended licensing hours.  He commented that having regard to this new regime and the number of pubs in the area, this application was not unreasonable.  Finally, he suggested that residents should contact the Council’s Environmental Health Officer regarding any noise problems.

One Member questioned whether the proposal would adversely affect the amenity of the neighbours in terms of noise and disturbance.  In response it was noted that the Environmental Health Officer had raised no objection, as there was other legislation to enforce any noise nuisance.  The Member expressed concern at this, commenting that the Committee should not approve an application if it was likely that problems would result.

The Senior Legal Officer explained that the Club had been granted a Premises Licence under the licensing legislation and there was a mechanism for review of that licence. She advised that Members could take into account the comments made by the Member although the Committee had before it an opinion from the Environmental Health Officer giving his expert advice. 

One Member suggested that the concerns raised regarding noise and disturbance received by the Planning Officers should be forwarded to the Environmental Health Officer for his action as necessary.

One Member commented that in such cases noise monitoring equipment could be installed. Whilst expressing some concerns, she considered that the Committee had no reason to refuse the application.

The Chair announced that it was open to members of the public to contact the Council’s Environmental Health Service Area notifying it of the noise and disturbance concerns.  By doing so a record would be kept of such incidents which would assist the Officers in taking any action to resolve the matter.

Councillor Richard Farrell as Executive Member with the portfolio for Environmental Health undertook to follow up the concerns raised in relation to the Club with the Environmental Health Officer.

By 9 votes to 6 it was

RESOLVED

(a)        that application ABG/10633/7 be approved subject to: -

(1)        the condition set out in the report;

(2)        an Informative stating that the hours of opening are amended and that the Club is expected to comply with them and that any breach of the hours may result in enforcement action.

(b)        that the letters of objection received by the Planning Officers raising concerns regarding noise and disturbance be referred to the Council’s Environmental Health Officer for his attention and action as necessary.