Minutes:
Consideration was given to the report of the Corporate Director, Neighbourhood Services which gave details of an application for the grant of a premises licence in respect of Lambton Castle, Lambton Park, Chester-le-Street (for copy see file of minutes).
Plans showing the location and the layout of the premises and a copy of the application had been circulated to Members together with copies of representations which had been received from Interested Parties.
The Senior Licensing Officer presented the report and advised the Sub-Committee that a mediation meeting had been held on 4 February 2012 as detailed in the Biddick Hall application and the circulated document was also relevant for this application.
She also advised the Sub-Committee that Durham Constabulary had negotiated with the Applicant’s agent an additional condition to be attached to the operating schedule, details of which had been circulated.
Mr McManus raised concerns in relation to access from Bonemill Lane and late night music and asked for a concession that access be withdrawn from Bonemill Lane.
Mr McCallum also raised concerns in relation to access at Bonemill Lane and the level of noise. He asked that a limit be imposed on the number of people attending events in this area.
Mr Wilson indicated that the walls of the Castle would contain any noise and any activities outside would cease at midnight. The entrance and noise concerns had been discussed with authorities and no issues were raised. He also indicated that the drive was a mile in length which gave an opportunity for vehicles to line up on the driveway so no congestion would be created. He also indicated that if there was potential for congestion then staff and visitors could be advised in advance that vehicles do not cross the flow of traffic and use the roundabout so that they enter the estate by turning left from the road.
Mr McCallum and Mr McManus advised the Sub-Committee that using the roundabout was reasonable but asked that the first roundabout be not used as it was not suitable for a u-turn. They referred to the noise from the Castle which rises due to it being a big and open space, they had no problems with noise during the day but were concerned with noise on an evening and the increased amount of traffic on an evening with people leaving an event. Mr McManus suggested that a ceiling level be imposed and any events above this level the applicant would have to apply for a special event to allow a judgement to be made.
The Chairman and Solicitor advised the Sub-Committee that they had to approve or refuse the application as they did not have the power to approve on a temporary basis but if the application was granted a review could be undertaken at anytime.
Mr Wilson indicated that the estate could have proceeded via a temporary events notice which would not allow residents to object but they felt it would be easier to obtain a licence. He advised the Sub-Committee that the Castle and outdoor area was surrounded by trees and was not in an open field and any problems of noise would be dealt with by seeking professional advice, so that they did not create a nuisance.
He also advised the Sub-Committee that a one way system would be put into place and they would use the most suitable roundabout. They did not intend to have weddings simultaneously at the Castle and Biddick Hall and their long term plan was to have weddings at the Castle but the Castle was going to be used by a film company for the next 12 months so no event would be held at the Castle for some time.
Mr McManus confirmed that his concerns remained in relation to the access at Bonemill Lane and music for late night events.
Mr McCallum indicated that as a local resident he had concerns but he believed the applicant would carry out what they have said but nothing was in writing to confirm this and he would like to see something in writing.
Mr Wilson indicated that the objector who lived nearest to the access at Bonemill Lane had withdrawn his objections after visiting the estate. He referred to Bonemill Lane not being a narrow country track and stated it was a proper highway. It was suggested that the wall and entrance be moved back but unfortunately it was listed so was unable to be moved.
At 12.30 pm the Sub-Committee left to deliberate the application in private. The Sub-Committee reconvened at 12.35 pm in order for Mr Wilson to advise them that further gates were going to be installed which would result in visitors having to use the one way system as they would not be able to get back down the drive.
At 12.40 pm the Sub-Committee left to deliberate. After reconvening at 12.55 pm the Chair delivered the Sub-Committee’s decision.
In determining the application, Members had considered the report of the Licensing Officer, Section 182 Guidance and the Council’s Licensing Policy, together with the verbal representations of the Applicant. They also took into account the verbal and written representations of Interested Parties.
The Sub-Committee felt that the Bonemill Lane entrance had been addressed with the use of the roundabout and the introduction of a one way system and any outdoor events would cease at 12.00 midnight.
RESOLVED
That the application for a premises licence be granted as follows subject to the following conditions:-
Opening hours of the Premises |
Monday to Sunday 00:01 to 00:00
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a) Plays (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
|
b) Films (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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e) Live Music (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
|
f) Recorded Music (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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g) Performance of dance (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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h) Anything of a similar description to that falling within (e), (f), (g) (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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i) Provision of facilities for making music (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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j) Provision of facilities for dancing (indoors and outdoors) |
Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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k) Provision of facilities for entertainment of a similar description to that failing within (i) or (j) (indoors and outdoors)
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Monday to Sunday – 09:00 to 02:00 Outdoors – the terminal hour will be 00:00
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l) Late night refreshment (indoors and outdoors) |
Monday to Sunday – 23:00 to 02:00 Outdoors – the terminal hour will be 00:00
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m) Sale of Alcohol (on & off the premises) |
Monday to Sunday – 09:00 to 02:00 The termination hour for the sale of alcohol outwith the building of the Castle shall be 00:00 for every day
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i) If Licensable activities are to be provided outdoors for an event which more than 500 people shall be present at any one time, the Safety Advisory Group at Durham County Council shall be informed of the event prior to the event taking place.