Agenda item

To consider an application for a premises licence.

The Licensing Team Leader gave a summary of the report, which set out an application for a new premises licence in respect of Felsted School, Braintree Road. Representations had been received in respect of this application so the matter had been referred to the Committee for determination.

R Walker said the main reason for the school’s application was to consolidate three existing licenses, while adding three additional buildings onto the license. This would allow more flexibility than the use of Temporary Event Notices. The new licence would also allow the school to have events attended by over 499 people. Two events were likely to go over this number of attendees. Only two events were likely to run past midnight, and the school made a point of carrying out sound checks regularly throughout the night at different areas of the site.

In response to a Member question, R Walker said the school did leaflet drops to inform neighbours of upcoming events.

In response to a Member question, R Walker said many of the events were run outside of term time or on a weekend so that there was as much available parking as possible.

In response to a Member question, R Walker said the school would be prepared to accept a cap on the number of outdoor events.

At 10.55, the Committee retired to make its decision.

At 11.40, the Committee returned. The decision was read.

DECISION NOTICE – FELSTED SCHOOL CAMPUS, BRAINTREE ROAD, FELSTED.

The application before the Panel today is for a new premises licence to cover more or less the entirety of the school campus. The application is dated 26^th July  2019 and is made by the school governing body. Representations have been made by Felsted Parish Council on the grounds of potential noise nuisance, and they are supported by 3 local residents (Interested Parties). We have also received a   letter supporting the application from Essex Police, who state they were consulted by the applicant and are satisfied all four licensing objectives are satisfied. Accordingly the matter has been referred to us for determination.

We have had sight of a detailed report and have considered the extensive background papers, including:-

Application form.

Current licences

Letter in support from Essex Police

Bundle of letters and emails from Interested Parties.

Plan of premises

Location map of premises

Our attention has also been drawn to the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003 (April 2018 version) and to Uttlesford District Council’s Statement of Licensing Act 2003 Policy 2017-22

By way of background facts, Felsted School, Braintree Road, Felsted CM6 3LL is situated in the village of Felsted. The applicant is a large independent school consisting of both  preparatory and senior sections, set on a campus site and  not particularly close to any residential dwellings in the village itself.. The school has multiple buildings and outside spaces and two of the buildings (Lord Richie Hall Appendix 3 and The Cromwell Centre – Appendix 4 of our document pack) have held their own individual premises licences with this authority since November 2005.  The school are finding that due to its size they would like more buildings in the school available for licensed actives so have applied for one new premises licence to cover all six buildings. The areas they would like to be covered are outlined in red on the plan before us.

In accordance with the Licensing Act 2003 where an applicant submits an application for a premises licence then an operating schedule must accompany the application.  This demonstrates how the licensing objectives will be met and also outlines what licensable activities are sought. These can be read on part M of the application form (appendix 1).

The licensable activities and time being sought on the application can be found in Appendix 1 under sections B, E, F, I, J and L.

Copies of this application have been served on all the statutory bodies for the 28 days period and no statutory consultees other than the police have made any representations relating to this application. Essex Police state that after close liaison with the applicant they feel all licensing objectives are adequately covered. This letter is attached as Appendix 7.

The application was advertised in the Dunmow Broadcaster on 8 August 2019 and notices were placed by the applicant on the premises on 5 August for 28 days. The Licensing Authority itself has no statutory obligation to notify local residents of applications of this type, but as a matter of courtesy UDC does contact the occupants of the properties most closely adjacent to the premises: Applicants, however, are obliged to a) place a statutory notice on the premises for 28 days and b) to place an advertisement in a publication circulating in the area in which the premises are situated and this was done As a consequence, four representations have been received from interested parties (which include Felsted Parish Council) in Felsted raising concerns based on the licensing objectives that relate to the prevention of public nuisance and crime. It is feared by local residents that disturbance to neighbours would be occasional noise from the music events and cars leaving the premises. We have read these letters carefully but have to note the Police do not agree with them.

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In carrying out its statutory functions, the Licensing Authority must promote the licensing objectives as defined in the Licensing Act 2003:-

The prevention of crime and disorder

Public safety

The prevention of public nuisance

The protection of children from harm

There is no hierarchy of objectives and all have equal weight/importance.

The decisions available to the Committee in respect of this application are  to

Grant the application

Modify the application by inserting conditions

Reject the whole or part of the application

When determining an application we have to give due regard to the Council’s Licensing Policy.  The relevant parts thereof state, inter alia,

5.1 Licensed premises have a significant potential to adversely impact on communities through public nuisances that might arise from their operation.  The Licensing Authority wishes to proactively maintain and protect the amenity of residents and other businesses from the potential consequence of the operation of licensed premises whilst recognising the valuable cultural, social and business importance that such premises provide.

5.2 The Licensing Authority intends to interpret “public nuisance” in its widest sense, and takes it to include such issues as noise, light, odour, litter and anti-social behaviour, where these matters impact on those living, working or otherwise engaged in normal activity in an area.

5.3 Applicants need to be clear that the Licensing Authority may apply stricter conditions, including controls on licensing hours, where licensed premises are in or near residential areas and where relevant representations have been received. Conversely, premises which can demonstrate that they have effective controls and measures in place or proposed to prevent public nuisance, may be suitable for 24-hour opening.

5.6 If representations are made applicants will be expected to demonstrate in their operating schedule that suitable and sufficient measures have been identified and will be implemented and maintained to prevent public nuisance, relevant to the individual style and characteristics of their premises and events. 

5.7       When addressing the issue of prevention of public nuisance, the applicant should consider those factors that impact on the likelihood of public nuisance. These may include:

the location of premises and proximity to residential and other noise sensitive premises, such as hospitals, hospices and places of worship

the hours during which the licensable activities will be carried out particularly between 23.00 and 07.00

 A “wind down period” between the end of the licensable activities and closure of the premises the nature of activities to be provided, including whether those activities are of a temporary or permanent nature and whether they are to be held inside or outside premises

the design and layout of premises and in particular  the presence of noise limiting features

the occupancy capacity of the premises

the availability of public transport

A last admission time

We must also consider the Home Office Guidance issued under S182 Licensing Act 2003. The most recent edition of this is dated April 2018, and the relevant sections of that Guidance state as follows :

2.15 The Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and littler.

2.16 Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law meaning.  It is important to remember that the prevention of public nuisance could therefore include low-level nuisance, perhaps affecting a few people living locally, as well as major disturbance affecting the whole community .It may also include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial light, dust, odour and insects or where its effect is prejudicial to health.

2.17 Conditions relating to noise nuisance will usually concern steps appropriate to control the levels of noise emanating from the premises. This might be achieved by a simple measure such as ensuring that doors and windows are kept closed after a particular time, or more sophisticated measures like the installation of acoustic curtains or rubber speaker mounts. Any conditions appropriate to promote the prevention of public nuisance should be tailored to the type, nature and characteristics of specific premises. Licensing authorities should be aware of the need to avoid inappropriate or disproportionate measures that could deter events that are valuable to the community, such as live music. Noise limiters, for example, are very expensive to purchase and install and are likely to be a considerable burden on smaller venues.

2.18     As with all conditions, those relating to noise nuisance may not be appropriate in certain circumstances where provisions in other legislation adequately protect those living in the area of the premises. But as stated earlier in this Guidance, the approach of licensing authorities and responsible authorities should be one of prevention and where their powers are engaged, licensing authorities should be aware of the fact that other legislation may not adequately cover concerns raised in relevant representations and additional conditions may be appropriate.

2.19 Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods. For example, music noise from premises usually occurs from mid-evening until either late-evening or early morning when residents in adjacent properties may be attempting to go to sleep or are sleeping. In certain circumstances, conditions relating to noise immediately surrounding the premises may also prove appropriate to address and disturbance anticipated as customers enter and leave.

2.21 Beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law. An individual who engages in anti-social behaviour is accountable in their own right. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, that requires the licence holder or club to place signs at the exits from the building encouraging patrons to be quiet until they leave the area and to respect the rights of people living nearby to a peaceful night.      

If this Committee in its discretion wishes to impose conditions, the only conditions that can be imposed are those that are appropriate and proportionate to promote the licensing objective relative to the representations received, in this case public nuisance.  We cannot, however, impose conditions that duplicate the effect of existing legislation and we bear this in mind in considering some of the representations that have been made to us this afternoon.

We have heard today from Ms Walker on behalf of the Applicant and have read correspondence from the four Interested Parties and from the Police.  None of them have attended today and no other statutory consultee has made any representations. Ms Walker has answered our questions fully and frankly, and we grant the application in principle, subject, however to a number of caveats regarding both noise and traffic. The school has agreed to accept restrictions upon the holding of outdoor events, both in terms of the number of events and in terms of the locations upon the campus where they may be held. We will therefore add a condition to the licence prohibiting outdoor events in locations 4, 5 and 6 on the plan to be found at page 31 of our bundle of papers. Furthermore, we propose to limit the number of outdoor events that may be held at the venue in any one calendar year to ten per annum, which Ms Walker indicated they were willing to accept, and we trust that the School’s current practices regarding publicising such events, noise monitoring, traffic management and so forth will continue.

WE are mindful that the nature of the premises is such that no-one who is not local or who otherwise has no connection with the school – staff or alumni – is likely to use it for a private event and we note that this is an applicant that values its reputation and is embedded in the local community. This is not a “pubco” liable to sell its interest in the premises and move on: they have behaved responsibly in the past, have engaged with both Essex Police and the Licensing Authority.  This application has been years in the preparation, and this is a responsible applicant.

We therefore grant the application as asked, subject to the two additional conditions set out herein, and the Applicant will receive a new licence in due course. Any party aggrieved by this decision has a right of appeal against it to the Magistrates Court. This must be exercised within 21 days of the date of service of this decision notice, hence the appeal window will close on 24^th October.  All parties will receive notification from the Legal Department explaining this.