Agenda item

The application is made under the Licensing Act 2003 for the variation of the current Premises Licence seeking to extend the permitted times for Plays, Films, Live and Recorded Music, Performance of Dance and Other Similar Entertainment for outdoor areas 1100 hours to 2300 hours every day and to remove and amend conditions on the current licence.  There are no changes to the current licensable activities indoors, hours and other conditions.

Minutes:

Members were informed that the application had been made under the Licensing Act 2003 for the variation of the current Premises Licence and which sought to extend the permitted times for plays, films, live and recorded music, performance of dance and other similar entertainment for outdoor areas from 1100 hours to 2300 hours every day and to remove and amend conditions on the licence. There were no changes to the current licensable activities indoors, hours and other conditions.

 

It was reported that the premises had originally been described as a caravan holiday park with function rooms and bars with facilities for the sale of alcohol for consumption on or off the premises. The park also had facilities for the provision of food, drink and entertainment. Within the park boundary there were areas used for the consumption of alcohol off the licensed premises.

 

The current opening hours were as follows:

Monday to Sunday                             00:00 – 00:00

 

The current licensable activities were as follows:

 

Sale of Alcohol on and off the premises

Monday to Sunday                              10:00 – 01:00

 

Boxing or Wrestling                            

Monday to Sunday                              09:00 – 01:00  Indoors

 

Performance of Dance

Monday to Sunday                              10:00 – 01:00  Indoors

 

Exhibition of a Film

Monday to Sunday                              10:00 – 01:00  Indoors

 

Indoor Sporting Event

Monday to Sunday                              10:00 – 01:00  Indoors

 

Performance of Live Music

Monday to Sunday                             10:00 – 01:00  Indoors

 

Performance of Recorded Music

Monday to Sunday                              10:00 – 01:00  Indoors

 

Performance of a Play

Monday to Sunday                              10:00 – 01:00  Indoors

 

Late Night Refreshment

Monday to Sunday                              23:00 – 01:00  Indoors

 

Other Entertainment falling within Act

Monday to Sunday                              10:00 – 01:00 Indoors

 

Outdoor Activities

 

Performance of Dance

Monday to Sunday                              11:30 – 19:00 Outdoors

 

Exhibition of a Film

Monday to Sunday                              14:00 – 23:00 Outdoors

 

Performance of Live Music

Monday to Sunday                              11:30 – 19:00 Outdoors

 

Performance of Recorded Music

Monday to Sunday                              11:30 – 19:00 Outdoors

 

Performance of a Play

Monday to Sunday                              11:30 – 19:00 Outdoors

 

Other Entertainment falling within Act

Monday to Sunday                              11:30 – 19:00 Outdoors

 

The proposed opening hours were as follows:

Monday to Sunday                             00:00 – 00:00

 

The Sub-Committee heard that the indoor licensable activities were to remain unchanged and in line with those previously listed, but that the application sought the following variations:

 

Outdoor Activities

 

Performance of Dance

Monday to Sunday                              11:0 – 23:00 Outdoors

 

Exhibition of a Film

Monday to Sunday                              11:00 – 23:00 Outdoors

 

Performance of Live Music

Monday to Sunday                              11:00 – 23:00 Outdoors

 

Performance of Recorded Music

Monday to Sunday                              11:00 – 23:00 Outdoors

 

Performance of a Play

Monday to Sunday                              11:00 – 23:00 Outdoors

 

Other Entertainment falling within Act

Monday to Sunday                              11:00 – 23:00 Outdoors

 

Proposed changes to current conditions were as follows:

 

Removal of Annex 2 Condition 1

The sale or supply of alcohol would only be to members of the holiday part, staff and bona fide guests of the same.

 

Removal of Annex 2 Condition 6

Any conditions consistent with the Operating Schedule not specified above.

 

Update Annex 2 Condition 3

 

Current Condition Stated: “When live music and recorded music is played outdoors maximum noise levels (MNL) LAeg (15 min) from events shall not exceed 65 dB(A)”.

 

Would be changed to read: “When live and/or recorded music is taking place outdoors the maximum noise levels will be set in line with the Noise Assessment previously approved – dated 19th January 2024, which may be amended from time to time in line with changes to the outdoor area”.

 

It was reported that the variation application and confirmation to reduce the hours were attached to the report (A.1) as Appendix A and the existing premises licence as Appendix B to the A.1 report.

 

Questions by Members:

Answers:

Have the Licensing Department received any objections from Essex Police or any other relevant authorities?

(Michael Cook) No, we have not received any objections from any of the responsible authorities.

 

 

Present at the meeting were Jonathan Smith, Agent Solicitor for the Applicant; Tom Joyce, General Manager at Highfield Grange Holiday Park; Andrew Kemp, Licensing Manager for Highfield Grange Holiday Park, who joined via Microsoft Teams; and the objectors, Rebecca Buisson and Matthew Burrell.

 

Jonathan Smith, spoke in favour of the application highlighting some key areas of improvement made within the Holiday Park such as new facilities and a costly refurbishment as well as the enhancement of outdoor areas since the Covid-19 pandemic. Mr Smith explained that a meeting had been held with residents of Jubilee Avenue which had also included the local ward councillors for Tendring District Council, Councillors Amos and Skeels. Mr Smith then addressed claims that some residents were not aware of the hearing, stating that 19 notices in total had been displayed, 10 of which alongside London Road, and 9 notices displayed on Jubilee Avenue.

 

Matthew Burrell explained that he resided in Farmleigh Avenue, which he argued was closer by distance to the location of the noise than Jubilee Avenue and that he had not received a notification of the hearing. Mr Burrell claimed that he had not received a copy of the noise impact assessment and he enquired as to where the noise limiter would be located. In response, Mr Smith confirmed that the noise limiter would be plugged directly into the sound system 10 metres in front of the stage.

 

Questions by Members:

Answers:

Could we remove the words “from time to time” within the section on page 17 which states “When live and/or recorded music is taking place outdoors the maximum noise levels will be set in line with the Noise Assessment previously approved – dated 19th January 2024, which may be amended from time to time in line with changes to the outdoor area”

 

(Jonathan Smith) We would be happy for that wording to be removed.

 

Rebecca Buisson informed the Sub?Committee that the meeting with residents referenced by Jonathan Smith had taken place on 16 March 2026 and had been held at the Weeley Park Caravan Site, rather than at the Highfield Grange Holiday Park. She noted that the chosen venue had not been accessible for many residents due to family commitments.

She further reported that she had submitted a noise complaint to Tendring District Council’s Environmental Services department over the Easter holiday period, as the noise levels had been significantly higher than in previous years. As the disturbance had originated from indoor noise, she expressed concern regarding the potential impact of outdoor noise and questioned whether an outdoor stage operating until 11pm was necessary.

 

In response, Mr Smith confirmed that the applicant had not yet been made aware of the noise complaint. He stated that, once notified, the applicant would investigate the matter separately. In relation to the outdoor stage, Mr Smith explained that the applicant was entitled under the Live Music Act to provide outdoor music until 11.00 pm. He added that it was unlikely any performances would run until 11.00 pm, although this could not be guaranteed.

 

The Chairman (Councillor J Henderson) then adjourned the meeting at this time whilst the Sub-Committee retired to deliberate and reach its decision. The Litigation Lawyer (Sarah Opene) and the Democratic Services Officer (Katie Koppenaal) retired with the Sub-Committee for observatory reasons only.

 

Upon resuming the meeting, the Chairman (Councillor J Henderson) read out a statement detailing the Sub-Committee’s decision which was as follows:

 

The Sub Committee has given careful consideration to this application. The premises being Highfield Grange Holiday Park, London Road, Clacton-On-Sea, Essex, CO16 9QY.

 

A summary was provided by the TDC licensing manager Michael Cook who stated that the premises is described as a caravan holiday park. The amendment as requested being on page 17 of the report and the hours are 11:00 – 23:00. All relevant authorities have been consulted and there has been no objections

 

Mr Jonathan Smith attended as solicitor for the applicant; he introduced Mr Andrew Kemp who appeared online and is the licensing manager. Also present is the general manager, Tom Joyce.

 

Mr Smith in his representation stated that Park resort operates about 66 park resorts with 4 being within TDC’s local area. There had been about 5-million-pound investment over the last 12 months on the site including adventure play area, refurbishment of a couple of venues on site amongst others.

 

He stated there was a residents meetings held on the 16March to explain the proposed application with councillors also invited. With reference to residents not being aware of the application he stated that there was a total of 19 notices put up. Mr Smith referred to the photos also provided.

 

Mr Smith referenced page 51 of the agenda with conditions 1 and 3 and states no representation have been received in regards those conditions needing to be amended.  A reference was made to the noise impact assessment and that the noise will be managed in line with the noise plan.  It was said that an AV equipment has been installed with the stage being reoriented to point into the park and away from Jubilee Avenue. He also stated that the environmental officers were content that the impact was mitigated.

 

It was also stated that there is about 700 caravans on the site with about 500 privately owned and as such it would not be in their best interest to disturb their residents.

 

He further stated that all records of complaints are kept and all music is run through the noise limiter. Outdoor music has been played in the past without the noise limiter and there has been no complaint received. There are always security and a manager on site. Typically, July, August, September there may be performances 2 or 3 times a week, there may also be children’s performances but there is no intention to use it 365 days. 

 

 

Objector – Mr Matthew B, stated that he is arguably one of the nearest residents to the park, he had not seen consultation and only came across it via a Facebook post. In peak season in previous years noise has been excessive. He admits buying a house next to a holiday park and expects some noise but not 365 days. 

 

Objector - Ms Rebecca B, attended but with no further questions for the applicant.

 

Mr Matthew had a question as to how the noise will be measured, he was referred to page 16 of the noise impact assessment by Mr Smith who further explained.

 

Ms Rebecca stated she is a resident of Jubilee Avenue for about 15 years. In the past there has been noise but they were unaware of who or how to complain and she had in fact made a complaint to the environmental health team. She stated there has been a distinct lack of communication with no notification or information for when there are events which is the main discontent.

 

Mr Matthew in closing asked how the sound will be policed, whether it will be the Parks equipment or the performers own equipment.

 

Ms Rebecca had no further comments in closing.

 

In closing Mr Smith addressed Mr Matthew’s question in stating that the noise limiter is set to suppress any sound when it goes beyond the requisite level. As to lack of communications, it was said that there is now a new manager and in any event, they are unaware of any such complaints in the past. He stated there is unlikely to be entertainment until 11pm and if any it will be few and far between.

 

The Council has considered statutory guidance and the Licensing Authority's Policy. In reaching its decision, we have taken into account the views expressed by the Applicant, the objectors and note the 5 other objections received in relation to this application. 

 

The sub-committee has also considered the licensing objectives namely, the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

The application has been determined on its own merit. The decision is to grant the variation of hours for outdoor activity as requested with this being from 11:00am – 23:00pm Mondays to Sundays.

 

Annex 2 condition 1 as shown in the agenda bundle on page 17 is removed.

 

Annex 3 condition 3 is amended to read as follows: when live and/or recorded music is taking place outdoors the maximum noise level will be set in line with the noise assessment previously agreed and dated 19th January 2024.

 

For the purposes of all parties involved we wish to remind you that should there be any noise or concerns you can and should report these to the environmental team.

 

There has been no advice from the Legal Advisor in arriving at our decision.

 

Anyone aggrieved by this decision can appeal to the Magistrates Court within the relevant statutory period.

 

You will get notification of this decision in 5 days.”

 

The Chairman (Councillor J Henderson) then adjourned the meeting until 1pm when the next hearing would take place.

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