Minutes:
The Committee considered an application to review the premises licence
at Stockham Lodge Racquet and Health Club Runcorn. The application had been
made by Mr J. McGrellis of 51 Greenhouse Farm Road Runcorn as an interested
party who called Cllr A. Lowe as a witness.
Other representations received in support of the application were from
Halton Borough Council’s Environmental Health Department as a Statutory Body,
which was represented by Mrs W Salisbury.
The Premises Licence Holder TRB
Estates (Liverpool) Limited was represented by Mr S Beilin who called Mr D
Wating the General Manager of Stockham Lodge as a witness. Mr Beilin had indicated that he would be
calling three other people as witnesses, however one was unable to attend
because of illness and the other two did not attend but a report on acoustic
work carried out to the premises had been prepared by one of the other
witnesses. However, as the report had
not been presented to the other parties prior to the hearing, it was agreed by
Mr Beilin that, because of the complexity of the information contained in the
report, it could not be considered at the hearing.
The parties were invited to
address three questions as part of the cases to be put before the
Committee. The questions related to:
(1) whether a public nuisance existed within the meaning of the Licensing Act
2003 as claimed by the applicant; (2) which element of Regulated Entertainment
being carried on at the premises was alleged to be the source of the nuisance; and
(3) whether any breaches of condition were alleged to be the source of the
nuisance.
The Committee heard the
application from Mr McGrellis and his witness Councillor Lowe. Representations
were then made by Mrs Salisbury on behalf of Halton Borough Council
Environmental Health Department. Mrs Salisbury also produced a recording of
noise from the premises picked up by equipment at Mr McGrellis’ house. The
Premises Licence holder’s representative Mr Beilin then presented his case and
called Mr Wating as a witness. All
parties were then invited to sum up. Numerous
points were raised by members and the parties put a number of questions through
the Chairman. The Committee then
retired to consider the application.
RESOLVED: That having considered
the application in accordance with Section 4 of the Licensing Act 2003 and all
other relevant considerations the following determination be made:
The Committee must
act with a view to promoting the relevant licensing objective, in this case the
prevention of public nuisance; and
The Committee must
also have regard to-
(a) the Council’s Statement of Licensing Policy, and
(b) the Statutory Guidance issued by the Secretary of State.
The Committee finds that the allegation that public
nuisance exists arising from regulated entertainment carried on at the premises
has been proven to its satisfaction.
The Committee has also taken into account that it reduced
the hours during which regulated entertainment could take place at the review
hearing in 2006.
The Committee, having regard to the application and all relevant
representations, has decided to take the following steps as provided by Section
52 of the Licensing Act 2003 because it considers them necessary for the
promotion of the licensing objectives.
The steps are—
(a) to modify the existing
condition of the premises licence relating to the installation of a noise
limiter as follows: “A suitable hard-wired sound level limiter shall be
installed and calibrated and shall be operated at all times when regulated
entertainment is taking place. The selection of the said noise limiter and the
calibration thereof shall be subject to the approval of the Council’s
Environmental Health Department”.
(b) to exclude a licensable
activity from the scope of the premises licence: specifically, regulated
entertainment within category F and category H insofar as it relates to
category F. This exclusion shall apply until such time as the Council’s
Environmental Health Department certifies in writing that the noise limiter
referred to in the above mentioned modified condition has been installed and
calibrated in accordance with that condition.
For the reasons
stated above this determination is considered necessary for the promotion of
the Licensing Objectives, specifically the prevention of public nuisance.
This determination shall come into effect in accordance with Section 52(11) of the Licensing Act 2003 at the end of the period given for appealing against the decision or if the decision is appealed against as soon as the appeal is disposed of.
Supporting documents: