Agenda and minutes

In accordance with the revised local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted both in writing and orally at the hearing. The Sub-Committee was also made aware that the following were relevant:

Guildford Borough Council’s Statement of Licensing Policy

·         Section 4 – Fundamental Principles

·         Section 10 – Temporary Event Notices

·         Section 12.4 – The Licensing Objectives – Prevention of nuisance

National Guidance Issued by the Secretary of State under Section 182 of the Licensing Act 2003:

·         Paragraphs 2.14 to 2.20 – Public Nuisance

·         Paragraphs 7.1 to 7.40 – Temporary Event Notices

The Environmental Health Manager informed the Sub-Committee that the Temporary Event Notice was submitted by the applicant, Mr Graham Rolland on 27 May 2016 for a large film viewing via a big external screen.  The premises were currently not licenced for these activities outdoors.  On 2 June 2016, Environmental Health served a notice of objection in relation to the temporary event notice.  The objection was based upon a previous three-day event held at the venue when 11 complaints had been received by Environmental Health from local residents in relation to noise and public nuisance.  After consideration of the objection notice from Environmental Health, together with the submissions made at the hearing, the Sub-Committee had to determine whether it was appropriate for the promotion of the prevention of public nuisance objective to give a counter notice, which would prevent the event from going ahead, impose conditions on the notice, or acknowledge it. Any conditions imposed must be those already on the existing premises licence; the Sub-Committee cannot impose new conditions.  

The Sub-Committee considered the following submissions made by the applicant:

·         He wanted to work together with his community and parish council, as well as Environmental Health, who had been consulted and voiced some concerns before the TEN was served;

·         The hotel had held very few outdoor events;

·         When the 3-day event was being held, he only received one complaint from a neighbouring resident about the noise onsite.  In response, the music was immediately turned down;

·         The TEN would be used to show the new Star Wars film.  

·         Was looking at three potential sites in the hotel grounds to locate the screen.  Due to a potential echo in front of the building, the screen would most likely be located by the lake.  The speakers would not be directed towards residential housing. 

·         A noise pollution plan was in place and the volume of the film could be easily turned down.

The Sub-Committee received the following representation from the Environmental Health officer:

·         in relation to the three-day Bank Holiday event, on the third day, when the event was held inside, no complaints were received from neighbours; 

·         was concerned in relation to the lack of a sound barrier; 

·         was concerned that the finishing time of midnight was too late.  Proposed 11pm so that public nuisance could be successfully mitigated in relation to noise pollution for neighbouring residents;

The Chairman noted that the majority of complaints received from neighbouring residents were located within 150  ...  view the full minutes text for item 8.