Venue: Council Chamber - Town Hall. View directions
Contact: Julie Gallagher
DECLARATION OF INTEREST
Members of the Licensing Hearings Panel are asked to consider whether
they have an interest in any of the matters on the agenda and, if so, to
formally declare that interest.
No declarations of interest were made in relation to any items considered at the meeting.
A report from the Assistant Director (Localities) is attached.
Prior to the hearing, the Licensing Authorityreceived a Temporary Event Notice (TEN) from Mrs Carol Rothwell, in respect of a proposed temporary event to be held at the Paddock, Sheep Hey Farm, Leaches Road, Ramsbottom, BL0 0ND between the hours of 13.00 and 23.00 on the 28th July 2017. An objection notice from a ‘relevant person’ pursuant to section 104(2) of the Licensing Act 2003, was also been received, namely the Environmental Health Section of Bury Council.
The circumstances relating to the TEN and objection to it were outlined in the report presented to members of the Panel by the Deputy Licensing Officer.
The TEN and objection from the relevant person were received within the appropriate period and complied with the procedural requirements within the Licensing Act 2003.
All written representations were contained within the report to Panel.
All documentary evidence comprising the TEN, objection with statements, the report provided with the agenda and representations were served on all parties in advance of the hearing.
The Panel heard oral representations from the relevant person(s) (Ms. Waddington and Ms. Walsh – Bury Health and Environmental Protection Section) and the premises user for the TEN Mrs Carol Rothwell. The Panel heard no other representations.
The relevant person(s) (representatives from Environmental Health) were invited to explain the reasons for the objection notice and the Panel asked questions. It was explained by Mrs Waddington that the objection related to noise nuisance emanating from the premises in question on 3 previous occasions. These had resulted in complaints from local residents, as set out in the objection and attached statements. Officers have visited during the time of the latest of these events and noted noise from loud music was clearly audible in the complainants residences whilst doors and windows were closed.
Mrs Rothwell was also invited to make representations about the objection and the Panel again asked questions. She explained that the events only take place up to twice a year and this TEN relates to a wedding which will start at 4pm and finish at 11pm. Two other TEN’s had been served for event in June 2016 and May 2018, without objection. She further explained that she had sought expert advice and followed it and always notified residents of upcoming events by letter.
All parties were offered the opportunity to question each other.
All parties were allowed the opportunity to sum up their respective cases.
The Panel then duly retired to consider the matter and all of the information provided.
The Members of the Panel were advised by the Legal Officer as to their duties under Section 4 of the Licensing Act 2003 to at all times consider the promotion of the Licensing Objectives, these being:
1) the prevention of crime and disorder
2) public safety
3) the prevention of public nuisance
4) the protection of children from harm
The Members were also advised of their duties in carrying out those functions in relation to:
a) the Council’s published Statement of Licensing ... view the full minutes text for item 2.