Agenda item

Discussion: 

The panel heard an application for an application for variation of the premises licence in respect of Stormforce Café/Bar, Medway Bridge Marina, Manor Lane, Rochester.

The application to vary the hours was to enable:

Live music – both indoor and outdoors

(outside music mostly in May to September)

Saturday                     to 24:00

Anything of a similar description of entertainment – both indoor and outdoors

(maybe comedy nights and race nights)

Saturday                     to 24:00

Supply of alcohol – both on and off the premises

Saturday                     to 24:00.       

However, the applicant had since agreed to amend this to include:

Regulated entertainment outdoors will be limited to 6 days per year, will cease at 23:00 and will not occur on more than 2 consecutive days.

              The Business Development and Licensing Manager advised that the application had been correctly advertised in the press and notices had been displayed on the premises.

The applicant stated that the reasons she wished to vary the existing hours was:

·        to formalise the six ‘Temporary Event Notice’ applications made during the year for outdoor events which were all accepted and used correctly

·        the events would only take place between May to September

·        this would allow the applicant to plot the five or six events throughout the summer without submitting an application each time. Also, if the weather changed, she could cancel an event and re-arrange it, whereas using a Temporary Event Notice restricted her to the specific date requested on that application

·        there had been no problems with the temporary extensions to the licence and events had all finished at the right time

·        at the time of application there had been a large and very loud firework party in the marina and many of the letters submitted as objections to this application were probably influenced by that event

·        100 people lived in the marina, which organised its own events and was nothing to do with the Stormforce Café/Bar, although by holding live music events she was responding to the requests of local people

·        she had not received any complaint prior to this application either in writing or in person and apologised that local residents were upset. However, she would like to find a way forward to everyone’s satisfaction.

The objectors stated:

·        that events held at the Stormforce Café/Bar had been a nuisance ever since the existing licence had been in place

·        it was totally inappropriate to hold music outside in this location where residential properties were in such close proximity to the premises and its outside garden area

·        the café/bar had previously been a small part of a Chandlery business but there was now a bar, outside decking, outside bar and now outside music

·        music played inside the premises could be heard by residents, so obviously music played out of doors was much worse and a total intrusion

·        that the rear gate to the premises slammed open and shut whilst patrons were leaving the premises late at night and asked if this could be left open

·        that on some occasions the noise levels of the music was much worse than on other occasions and asked how the bands knew what level to set the music at and also whether there was a statutory limit that outside music could be set to?

·        that the reason no objections were submitted to the existing licence application was because residents had been unaware of the addition of live entertainment being applied for under that application

·        the Stormforce Café/Bar was a duplex portacabin construction with no sound insulation and therefore it was impossible for it to comply with condition 4 of the existing licence. There were no objections to the sale of alcohol, it was only the live entertainment aspect that was being objected to, as it caused an unnecessary nuisance

·        that residents did not understand the difference between the ‘Temporary Event Notices’ applied for previously and what was being applied for in this application.

The applicant responded advising that the gate used by patrons was the marina’s property and she was unable to do anything about this. Mrs Dyson also advised that a variety of bands performed on different occasions and each set the music to their own level. She was unaware of any statutory level for outside music.

The Business Development and Licensing Manager advised that if the additional hours applied for were added to the existing licence, the applicant would also be bound to comply with all the other conditions on the licence (as set out on page 49 and 50 of the agenda). If the council received a phonecall, letter, fax or e-mail from residents about noise issues (or any other licensing concern) the council would investigate this and enforcement action would be taken, if necessary. However, none of the existing licence conditions would apply to a Temporary Event Notice and only the police could object  if they had relevant evidence on grounds of crime and disorder.

The panel asked whether there were any signs on the decking area to remind patrons to leave the premises quietly. The applicant responded that there were none but she could put signs out in that area. The panel also asked about condition 4 on the existing licence with regard to music being set at a level so as not to be audible at the nearest residential property. The applicant responded that she did not know as she had never stood outside the nearest property when music was being played.

The Business Development and Licensing Manager was asked whether the applicant could continue to apply for additional Temporary Event Notices over and above the six musical events applied for in this application. The panel was informed that this was possible and that it would only be the police who could object to any such application.

The panel asked the objectors to identify their property on the map on page 81 of the agenda and asked each objector if they could hear music inside the property when music was played inside the bar. Each objector stated that they could.

The applicant was asked whether she had ever considered installing soundproofing or a noise limiter but she advised that it was only a temporary building and it would be too expensive to do this.

Decision:

(1)       The Panel granted the variation to the existing licence with respect of live music within the property and the sale of alcohol within the premises until 24:00 on Saturdays.

(2)       In respect of outdoor entertainment, 6 events per year were granted on Saturdays but the entertainment to be concluded by 21:00 outside, as the panel was satisfied that anything later would be a nuisance for the local residents.

(3)       All conditions on the existing licence also applied to the hours granted above.