Agenda and minutes

To receive introductions by the Chair and an explanation of the Sub-Committee’s procedures by the Principal Solicitor. 

The Chair introduced the Sub-Committee and its Clerk.

The Clerk to the Sub-Committee explained the procedures to be followed by the Sub-Committee.

To consider an application for full variation of a licence from 1898, 37-38 High Street, Welshpool, Powys, SY21 7JL.

Premises – 1898

Applicant – Mr L Bowyer and Mr R Burr

Objectors – Ms D Barlow and Mr P Owen

The Licensing Officer presented the licensing authority’s position as outlined in the report [copy filed with the signed minutes].   

In a response to a question from Ms Barlow regarding the conditions in the current licence which had been struck through, the Licensing Officer advised that these would not be replaced if the Sub-Committee was minded to approve the application because the regulations relating to such things as fire safety were now covered by other new legislation.  She advised that licensing conditions should not duplicate conditions from other legislation.  She stated that new conditions had been noted at the end of the current licence contained in Annex B and a new condition was recommended which would refer to the fire risk assessment, which was due from the Fire Authority.  In response to a question regarding the views of the Environmental Health Officer, the Licensing Officer read out the Environmental Health Officer’s statement as a result of his visit to the premises during refurbishment and on 3 August when he monitored noise levels.

Ms Barlow advised the Sub-Committee that the hub of her concerns was that the proposed variations to the current licence would present an increased risk of noise nuisance to nearby residents due to amplified music escaping from the premises and from the behaviour of patrons outside the venue.  The alterations to the premises facilitates a two floor nightclub, with amplified music being played on both floors simultaneously.  In addition, the number of customers had risen from 170 to 500.  She advised that the premises had opened the previous weekend and the noise escaping from the building was intolerable and this went on to after 0200hrs and was unacceptable in a mainly residential area.  She felt the current conditions should not be removed.  She advised the Sub-Committee that the side door opened direct onto the side street and when opened the noise was a nuisance.  She considered that a lobby was needed or the door should be linked to a sound limiting device.  She was concerned that the Environmental Health Officer did not monitor the noise level late at night when there would be no traffic noise.  She advised that she had recorded the noise levels from 10pm to 1.00am and would be happy to provide these to the Environmental Health Officer.  Ms Barlow considered that the following conditions should be added – (i) before the removal of conditions prohibiting amplified music on the ground floor after 11pm, the owners should be required to obtain an acoustic engineer’s report on the current sound insulation to confirm its suitability and to agree sound levels with the Environmental Health Officer at the nearest/most sensitive location, (ii) the sound levels should be under the direct control of the DPS and should be maintained at the level approved by the Environmental Health Team and she suggested two levels were necessary, with one for  ...  view the full minutes text for item 1.b