Agenda and minutes

The Sub-Committee will elect its Chairman for the meeting.

It was moved by Councillor Winfield, seconded by Councillor J Henderson and:

RESOLVED – That Councillor V Guglielmi be elected Chairman for the meeting.

The Committee is asked to note any apologies for absence and substitutions received from Members.

There were no apologies for absence or substitutions.

To confirm and sign as a correct record, the minutes of the last meeting of the Sub-Committee, held on Thursday 30 May 2019.

The minutes of the meeting of the Premises/Personal Licences Sub-Committee held on 30 May 2019 were approved as a correct record and signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

There were none.

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and  which falls within the terms of reference of the Committee.

There were none.

The Sub-Committee will determine an application for the variation of a Premises Licence held in respect of the above premises.

The Chairman (Councillor V Guglielmi) welcomed everyone to the meeting, including the applicant, Mr Deepak Patel, his solicitor, Mr Richard Porter and Ms Alison Reed, the manager of the Plough Inn, and made introductory remarks.

The Council’s Licensing Manager (Karen Townshend) then gave a verbal summary of the written report and advised that the Sub-Committee had before it, for its consideration, as set out in Item A.1 of the Report of the Corporate Director (Operational Services), an application for the variation of a Premises Licence for The Plough Inn, Plough Road, Great Bentley.

Section 2.2 of the written report set out the proposed opening hours for the premises which were:-

Monday to Thursday                                       1000 – 0030

Fridays and Saturdays                                                1000 – 0130

Sunday                                                                        1000 – 0030

Section 3.0 of the written report set out the current licensable activities which were:-

Sale of alcohol on and off the premises

Performance of live music

Fridays and Saturdays                                                2000 – 2300

Performance of recorded music         

Monday to Thursday                                       1000 – 0000

Fridays and Saturdays                                                1000 – 0100

Sunday                                                                        1200 – 0000

Provision of facilities for dancing

Fridays and Saturdays                                                2000 – 0000

Sale of alcohol on and off the premises

Monday to Thursday and Sunday                               1000 – 0000

Fridays and Saturdays                                                1000 – 0100

The proposed licensable activities (Variation Application) are as follows:-

Performance of live music [inside and outside]

Friday and Saturday                                        1400 – 0000

Sunday                                                                        1400 -  2100

The applicant had stated the steps that they propose to take to promote the statutory Licensing Objectives within the Operating Schedule and those steps were detailed in Sections 4.1 to 4.5 inclusive.

Members were further informed that eleven letters of representation/objection had been received from residents in relation to this application.

The Council’s Environmental Protection Team had been consulted and they had requested a Noise Management Plan (NMP) be submitted to them by the applicant.  Members were provided with a copy of the NMP for their reference.  Upon receipt and review of the initial NMP (pages 111-115), the Environmental Protection Team had formally objected to the variation application.  However, upon receipt and  evaluation of a revised NMP or Noise Impact Assessment carried out by Healthy Abode Ltd trading as HA Acoustics and dated 28 October 2019 (pages 81–110), they had stated that:-

“After evaluation of the recently submitted acoustic report dated 29th October 2019, the Environmental Protection team are satisfied that the levels of noise emitted from the site, can be mitigated and managed providing recommendations within the said report are implemented and maintained.

Physical mitigation by way of using a noise limiter (NL) – both live and recorded amplified music amps and speakers must be plugged into a NL.  The level of the NL has been recommended (as outlined in sections 6.11 to 6.13 and point 8.4)  to be set at approximately 82dB(A) to ensure the emitted noise levels fall within the scope of “No Observed Effect Level” ; the NL  must be installed, calibrated and routinely maintained by a relevantly qualified  ...  view the full minutes text for item 49.