Agenda item

The sub-committee considered the report which sought determination of an application to vary the existing Premises Licence under s34 of the Licensing Act 2003 in respect of Midsomer Norton Cricket Ground, Withies Lane, Midsomer Norton, BA3 2JE.

Those present for the applicant:-

Ken Bowen-Jones – Midsomer Norton Cricket Ground Committee

Tom Webb – Designated Premises Supervisor

Those Other Persons present:-

Cllr Brian Lawrence – Midsomer Norton Town Council

Dr Guy Worsdall

Martyn Russell JP

The Senior Public Protection Officer presented the report and outlined the application to vary an existing Premises License at Midsomer Norton Cricket Club. She said no representations had been received from the Responsible Authorities.  Representations had been received from Midsomer Norton Town Council and a number of local residents.  The Senior Public Protection Officer stated that representations about revellers from other licenced premises and their waste were not relevant to this application.

Applicant

Mr Tom Webb spoke for the applicant’s case. He helped run the cricket club on a voluntary basis. Mr Webb wanted to see the club continue. He said it was financially difficult for sports clubs due to the spiralling costs of coaching, child protection etc. Mr Webb stated the club offered junior cricket opportunities for children between 2-16 years of age. He spoke of how the club visited schools as well. Mr Webb made the Sub-Committee aware that they received no support from the ECB or the Somerset Cricket Board. Whilst money came from fixtures played, the major earnings came from the bar. Mr Webb says there is a danger of the club not remaining solvent. He wanted the club to be able to offer facilities to locals, and especially families. Mr Webb wanted opportunities for future generations.  Prior to his current role as bar management he was honorary secretary of the committee for four years. During this time Mr Webb said there had been no noise complaints from residents, B&NES, Avon & Somerset Police or the Town Council.

The following information was given in answer to questions:-

·  Mr Webb confirmed that he could not recall a complaint, even during his time as honorary secretary.

·  Mr Bowen-Jones explained that the club was not intending to do outside music. They were not in the market for big outside events.

·  Mr Bowen-Jones stated that since taking over, the wooden building had been redecorated inside. To prevent disturbance, the music can be turned 180 degrees to face the ground, rather than towards houses (as previous).

·  Since last October Mr Bowen-Jones said there had only been 4 events. They are not looking to play music every week.

·  Mr Bowen-Jones said the application for starting earlier was with a view to offering children’s parties.

·  Mr Bowen-Jones explained he just wants to be above-board

·  The additional opening would allow the applicants the potential to raise extra funds. Mr Bowen-Jones thought about a third more could be raised from serving teams arriving back to the club.

·  Late night refreshments Mr Bowen-Jones confirmed would only be drinks not food.

·  Mr Webb suggested they would forgo the additional hour of regulated entertainment on Friday and Saturday in order to mitigate noise issues.

Representation  –Cllr  Brian Lawrence (Midsomer Norton Town Council)

Cllr Lawrence said Midsomer Norton Town Council opposes the variation to the club’s licence. He asked the Sub-Committee to note the unsuitable nature of the building, being constructed from wood. Cllr Lawrence was also concerned about the exposure of children to alcohol in the area. He explained the ground was enclosed on three sides by residences. Complaints about noise had been made to B&NES and Town Councillors. Cllr Lawrence said live music on Friday and Saturday would exacerbate the situation. A pub near the ground had live music, but there were no problems as this building was constructed from brick. There was risk to children under 18 years, in an uncontrolled environment. As functions would not be on the High Street, he queried how events could be controlled. Cllr Lawrence explained there was a DPPO in place. Whilst marshals do at times visit the premises, the location of the club is remote. The grounds he stated are large, unlit and with no CCTV. 

The following information was given in answer to questions:-

·  Cllr Lawrence stated how sale of alcohol during the day would cause harm, as children are more likely to be there. The ground is a large area, where cricket club people can wonder around widely.

·  A lot of work had been done to try and make Midsomer Norton a better night time economy. Whilst street marshals are paid for locally, they won’t be able to patrol this area enough.

·  Cllr Lawrence had no evidence of complaints in the past.

·  With an increase in activities at the ground, Cllr Lawrence thought things could expand, with something happening every-day, and music outside in the ground.

Representation  – Dr Guy Worsdall

Dr Worsdall said he had lived near the cricket club for 10-12 years. He was supportive of what the club was doing, but is concerned about the amount of noise on Friday and Saturday night. Not the noise from members coming back from matches, but from amplified and live music. As the premises are wooden construction, he can hear music above his TV. Dr Worsdall said it would be intolerable to extend the hours of music. There are buildings on two sides of the club. Noise can go into neighbouring residences. He likened the wooden box of the cricket club to a guitar sound box that transmits noise into the air. Dr Worsdall had looked at the cricket club documents, and calculated that there would be approximately 2.2 people per square metre of dance space. He thought that doors and windows wouldn’t suddenly be shut, as they are usually left open.

Representation  – Mr Martyn Russell

Mr Russell spoke on the issues of both music and alcohol sales. He supports the premises as a cricket club, not a night-club. This would only serve the needs of late night revellers. When the windows are open, residents have to bear the noise of revellers, which reverberates around the valley. Mr Russell said activities flout the current licensing conditions. He believes noise checks have been made. Mr Russell said the area is unsuitable for such functions.  Mr Russell says it is unacceptable for parents and local residents, who want a peaceful existence. He noted there had been a large influx of young families with children to Withies Bridge. Their peace would be compromised. Mr Russell said there had been complaints on 12 separate occasions, and the cricket club seemed oblivious. He asked for the Sub-Committee to not grant the application.

The following information was given in answer to questions:-

·  Mr Russell had reported problems to a good friend who is a member of the club.

·  Mr Russell thought the problems were causing extreme distress, particularly to elderly residents in Steam Mills.

·  He thought this application would exacerbate issues.

·  Mr Russell said the club would be inundated with calls if residents were given a phone number to raise concerns. He said people were fed up.

·  Mr Russell was unsure why there had not been calls for a licensing review. He had however registered his concerns with Midsomer Norton Town Council. Mr Russell understood there had been noise tests, but nothing had been done.

Cllr Watt asked whether standing orders could be suspended to allow him to ask the applicant a further question at this stage. The advice was that Cllr Watt  should raise the issue during the members’ closed discussions and if any clarification was required the Committee would reconvene in public session to seek clarification from the parties..

Whilst neither Cllr Lawrence nor Mr Russell sought to sum up, Dr Worsdall wanted to add that he was delighted to hear that the cricket club are mitigating nuisance.

In summing up for the applicant, Mr Webb said they are a cricket club, and not there for profit. The club had provided cricket for the last 130 years. They have allowed events since October; three discos and one fireworks event. If the Sub-Committee extended alcohol on Friday and Saturday night, the club would not get revellers coming up from Midsomer Norton. Mr Webb said the cricket club is for members and families, in controlled circumstances.

The Senior Public Protection Officer, Public Protection Team Leader and public withdrew from the meeting for Members to consider the application.

When the Sub-Committee reconvened, it was

RESOLVED that the application to vary the Premises Licence at Midsomer Norton Cricket Ground, Withies Lane, Midsomer Norton, BA3 2JE was determined as follows:

·  Regulated entertainment was granted from commencement save for the additional late night hours on Friday and Saturday.  Members refused the late night extension

·  The addition of the exhibition of film was granted.

·  The application for late night refreshments was granted.

·  The additional hours for sale of alcohol and extended opening hours were granted.

·  With regard to the removal of the four Annex 2 conditions, this was granted subject to the imposition of mandatory conditions and those consistent with the operating schedule, proposed following consultation with the Police.

The licence will be issued with an additional condition:

·  No re-admittance or new admittance after 23:59 save for smokers in a designated smoking area. 

The Chair said to the applicant it was clear people feel there was an issue. She strongly advised them to meet with B&NES Council, residents etc. The Chair also encouraged the club to give out a number for their DPS. To the other representatives, the Chair explained that if the licence was not successful, to raise issues with the licensing department. She did not want this licence to come to review unless it had to.

Reasons

Members have today determined an application to vary a premises licence at the Midsomer Norton Cricket Club. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

Members are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and must only do what is appropriate and proportionate in the promotion of the licensing objectives based on the information put before them.

Members were careful to take account of the relevant written and oral representations and were careful to balance their competing interests. Members were however careful to disregard irrelevant matters for example road safety, need and issues arising from other licensed premises.

On hearing the parties Members noted the root cause of the objections was the fabric of the building and the additional hours in the evening on Friday and Saturday.

Members therefore determine the matter as follows. With regard to regulated entertainment this was granted from commencement save for the additional late night hours on Friday and Saturday.  Members refuse the late night extension as they were not satisfied that the wooden construction and lack of sound proofing was capable of furthering the licensing objectives. 

The addition of the exhibition of film would be granted as no objection had been received.

The application for late night refreshments would be granted as there had been no objection. 

There was no evidence suggesting the premises were undermining the licensing objectives with regard to the sale of alcohol or that any crime, disorder or antisocial behaviour was directly attributable the licensable activities on the premises. Therefore, the additional hours for sale of alcohol and extended opening hours are granted.

With regard to the removal of the Annex 2 conditions as applied for no objection was raised and therefore subject to the imposition of mandatory conditions, those constant with the operating schedule and proposed as a result of Police consultation this is granted.

The licence will be issued with the additional condition:

·  No re-admittance or new admittance after 23:59 save for smokers in a designated smoking area. 

This additional condition is considered appropriate and proportionate to ensure the licensing objectives are not undermined.

Authority is delegated to the Licensing Officer to issue the licence.