Agenda item

On the resumption of the meeting, the Chair introduced the members of the Sub Committee to those present.

The Sub Committee considered an application for a premises licence to allow live music (indoors and outdoors), recorded music (indoors and outdoors), the sale of alcohol for consumption ON and OFF the premises at Budleigh Salterton Cricket Club, The Holt, East Budleigh Road, Budleigh Salterton, EX9 7BA.

The applicant, present and entitled to make representations, was Budleigh Salterton Cricket Club, represented by Emma Cooling, Carolyn Roper and Joel Murphy.

Also present, and entitled to make representations were Robbie Sillars, Kate Sillars, Pat Coulter, Margaret Yerrell, Doris Couper, Mike Sheehan (also representing Simon King and Rosie King) and Yvonne Mills (representing Andrew Mills).

The Sub Committee’s legal advisor, Giles Salter, outlined the procedure for hearing the application.

The Licensing Officer, Phillippa Norsworthy, summarised the application and noted that the applicant had come to an agreed position with the Police.

Responses to the Notice of Hearing which had been received after the publication of the report had been sent to members of the Sub Committee.  The Environmental Health Officer had met the applicant at the site and the applicants had then submitted changes to the proposed operating schedule which had also been sent to members.  The Licensing Officer read out information from the Environmental Health Officer relating to the premises noise management plan.  The Sub Committee was advised that the applicant proposed to amend the hours sought so that no live music would be played outdoors after 23:00pm.

There were no questions from members or from the applicant for the Licensing Officer.

In response to questions from the interested parties, the Licensing Officer clarified the following points:

·         With regard to the sale of alcohol, the Police had requested 30 minutes drinking up time which amended the proposed opening hours to 22:30 Sunday to Thursday and 23:30 Friday and Saturday.

·         Regarding the live music, it had been agreed that there would be no live music outside after 23:00pm.  After 23:00pm live music would be inside only.

An interested party advised that the venue has bi-fold doors which could remain open while live music was being played indoors.  The legal advisor noted that the applicant could offer mitigation measures, or the Sub Committee could choose to impose a condition to mitigate such a situation.

The applicant, represented by Carolyn Roper and Emma Cooling, made the case for the application and highlighted the following points:

·         The Cricket Club had been forced to relocate in 2002 and moved to the current new site.  A lot of thought had gone into the design of the building to ensure that it was sustainable and welcoming for the whole community.  The club house had been designed to contain noise and would face away from the town.  It was also fully accessible.  The Cricket Club was well run and respected, and wished to work with the whole town and community.

·         It was very important to the Club to maintain a good relationship with neighbouring residents.  The design of the club house incorporated glazing which offers a high level of protection from noise.  Should live music be played after 23:00pm, windows and doors would be shut.  The Cricket Club offered reassurance that it is not intending to be an outside music venue, however, it did need to be able to hold events in order to generate funds.  There was a need to keep the membership fee low so as to make cricket available to the whole community at a grass roots level.

·         Local residents would be provided with a contact phone number in the event of any issues with noise arising from events.

·         The design of the club house had been amended to provide for a maximum of 80 people seated for an event.

In response to a question from the Sub Committee, the applicant advised that live music outside up to 23:00pm was sought to allow flexibility when organising events.

The interested parties put questions to the applicant, who provided the following responses:

·         Regarding concerns about car parking and the effect of parking and traffic on Granary Lane, the applicant advised that the car parking provision was not yet at full capacity.

·         With regard to the previous licence held by the Cricket Club, it was confirmed that late openings had been restricted to 6 events per year, with a 2 week rest period between events.

·         The new club house will not be air conditioned and the intention would be to close doors and windows after 23:00pm when live music is played.

·         It is very unlikely that there will be events every Saturday night and the Cricket Club is also receiving expressions of interest for eg. yoga sessions, art events and wakes.

·         Regarding installing a noise limiter, the applicant noted that the cabling would be in place for a noise limiter, but that they had been advised that music equipment brought in by an external performer would override it.

The Chair noted that the playing of live music appears to be the main point of contention.  The Legal Advisor suggested that all parties involved hold a trial session to ascertain noise levels at various distances, with the Environmental Health Officer also present if possible.  The Legal Advisor emphasised that the Licensing Act is permissive, but that there are also draconian measures in place to hold a review, to impose conditions or to close a licensed premises.

The applicant confirmed that they would be happy to hold a test and have worked with all relevant authorities at every stage of the application.

The interested parties made their case and highlighted the following points:

·         There is concern regarding how noise levels will be restricted and the interested parties would wish to see a noise limiter in place.

·         There is also concern regarding the noise when people are leaving the Cricket Club and the situation is bad enough currently before the club house is fully operational.

·         Whilst the interested parties would welcome a noise limiter, this is only one part of the problem and the various smaller issues of concern have a cumulative effect to the detriment of local residents.

·         There appear to be 2 agendas for the Cricket Club: the club is an excellent facility for children and people with disabilities; the club is also being marketed as an events facility.  The interested parties would wish to have an assurance that the club house will only be operated by members, rather than bringing in an outside operator in order to generate income.

·         The interested parties would also wish to see a noise management plan in place.

·         This is not a normal licensing application as the building is exceptional, stands alone in green fields and is located in a quiet residential area of Budleigh.  The club house is in close proximity to homes and a nature reserve.  Licensing policy recognises the need to assess potential nuisance.  Most visitors arrive by car which results in light and noise nuisance.  The late introduction of noise mitigation measures is subjective, selective and unworkable.  It would also be impossible to select unbiased parties for a trial session.

·         The application appears to present the vision of the Cricket Club as a destination facility independent of cricket.

In their closing statement, the applicant highlighted that they want to work together with the local community.  The Cricket Club is for cricket and will not become a festival venue.  The club is run by volunteers and the aim is to keep costs low so as to not increase the membership fee.  As the expert in noise matters, the Environmental Health Officer is content with the application.

The Chair thanked everyone for attending and advised that the decision would be notified in writing within five working days.