Councillor Sandra Campbell-Wardman was duly nominated and upon being put to the vote, it was

RESOLVED

That Councillor Sandra Campbell-Wardman be elected Chairman of the Licensing Sub-Committee for this Meeting only.

COUNCILLOR SANDRA CAMPBELL-WARDMAN IN THE CHAIR

At this point in the meeting, Members were invited to declare any relevant interests.  None were received.

No apologies were received.

Report of Group Manager Public Protection.

The Sub-Committee was presented with a report by the Group Manager, Public Protection which enabled Members to consider an application by the Council’s Environmental Health Department for a review of the premises licence held in respect of Little Nan’s Cafe, Unit 3, Cherry Park, South Road, Chapel St Leonards, PE24 5TS.

The review application was submitted by the Environmental Health Team under the provisions of Section 51 of the Licensing Act 2003.

The Environmental Health Team was seeking the removal of the live music licensing exemption from the premises (specifically the outdoor areas in the vicinity of Little Nan's) and the addition of licence conditions controlling the provision of outdoor music at the site.  The Team was asking that the outdoor provision of amplified regulated entertainment be limited to a maximum of 3 days per calendar year.

The application for review had not attracted representations from the other Responsible Authorities (e.g. Lincolnshire Police, Lincolnshire Fire & Rescue, however two representations had been received from other parties in support of the licence review submitted by the Environmental Health Team.

The Principal Licensing Officer outlined the recommendations available to the Sub-Committee, page 2 of the report refers.

Mr Jon Dixon, Environmental Protection Officer, was invited to make his representation to the Sub-Committee.

The Environmental Protection Officer informed Members that the licence review was taking place following numerous complaints relating to noise coming from Little Nan’s Café between May and September 2023.  Details of the complaints were included in the evidence pack, pages 7 to 8 refer, submitted by the Environmental Health Team.  

The Environmental Protection Officer relayed the supporting information set out in the application for the review to Members, which was included in the Agenda pack.  Reference was made to the grounds for review, which included:

-     The outdoor music and amplified voices provided in the immediate vicinity of the licensed area of the premises being completely unacceptable.

-     Outdoor entertainment taking place during the spring, summer and autumn, weather permitting, as well as occasionally during the week and school holidays.

-     A planning issue with the site as Planning Enforcement had deemed that planning permission was required to change the use from a café to a predominantly drinking establishment where entertainment was provided outside.         

-     No specific music provisions within the licence.  The entertainment was provided within the live music exemption and Environmental Health was requesting that the Committee removed the exemption that allowed music (live music, karaoke and recorded music).

-     A restriction on outdoor music activity to three event days per year.

-     Guidance on Music Noise Levels.

The Environmental Protection Officer made further reference to the following, all of which were outlined in the evidence pack:

-     A letter sent to the Premises Licence Holder and the Designated Premises Supervisor (DPS) on 15 May 2023, with regards to the frequency of the music that was being provided and the level of noise (Exhibit 2 in pack).

-     A telephone call with Mr Harris of Plaice on the  ...  view the full minutes text for item 22.