Meeting documents

+ Cllr Mrs Pearce - Chairman

Ex-officio non-voting members

- Cllr Franklin (Mayor)

- Cllr Mrs Chapman (Chairman of Policy and Resources Committee)

+ Present

- Apologies for absence presented

PART A

(for decision)

no items

PART B

(for information)

The minutes of the meeting held on 11th June 1997 were confirmed and signed by the Chairman.

Members were advised that the Public Dancing and Music and Sunday Music Licences held by Mr Richard Bull and Mr Bernard Higgins in respect of JW Greens Tavern (Cambridge Hotel), 121 London Road, Camberley would expire on 31st October 1997.  Application had been made for renewal of the licences and, in response to notice of the application, the Council had received two letters of objection.  The applicants were present at the meeting, and were represented by Ms Jane Walker and one of the objectors, Mr I J Willcox, was present and represented by Mr Lyn Rowland.  The other objector, Mr H M Herbert, was unable to attend the meeting and had made arrangements to be represented by Mr Willcox.  

Members were reminded that objections to the granting of licences in respect of these premises had previously been considered by the Sub-Committee in November 1995 and May 1996.  On the first occasion the licences had been granted for a period of six months expiring on 30th April 1996 and an additional condition had been attached to each licence requiring a doorman to be in attendance on the inner door when the premises were being used under the terms of the Public Entertainment Licences.

At the end of the six month period further objections had been received in respect of the renewal of the licences, but after considering these objections, the licences had been issued for a period of six months expiring on 31st October 1996 subject to the conditions attached to the expired licences and the following additional conditions:

Chief Environmental Health Officer on 2nd May 1996 and submitted to the Licensing Authority as part of the application for the licences be completed to the satisfaction of the Chief Environmental Health Officer by 9th July 1996; and

The applicants had complied with the conditions attached to the licences and no objections had been received when application had been made for the renewal of the licences in September 1996.

Ms Jane Walker on behalf of the applicants summarised the background to the current application and the efforts which had been made by the applicants to comply with the conditions and the noise limitation requirements.  As part of this policy, only three disc jockeys employed by the applicants were authorised to operate the discotheque at the club and no live music was provided.  A noise limiter had been provided by the applicants in a secure area in the club and the disc jockeys were aware of the noise limitation requirements.  The applicants were aware of the need to be good neighbours and would take any reasonable action required to reduce noise levels.  

The applicants and their representatives were questioned by Mr Rowland who pointed out that the building was not specifically constructed for the purposes for which it was being used.  He also expressed doubts about the effectiveness of the noise limiter which had been provided by the applicants.  Mr Rowland suggested that noise levels should be set and measured at the perimeter of the property and that this would be more effective in controlling noise in the neighbourhood.  For this purpose, he proposed that a meeting should be held with the applicants and his client to establish the noise level to be set at the perimeter and, subject to agreement being reached with his client, the objection could then be withdrawn.  He further suggested that consideration of the application should be deferred to enable this meeting to take place.  

The Sub-Committee, after a brief adjournment, indicated that this proposal might be accepted when they retired to consider their decision on the application but that it was first necessary to hear all the evidence before reaching a conclusion.

Mr Ken Stewart, Chief Environmental Health Officer, and Proper Officer for the Council submitted his report to the Sub-Committee giving details of the noise levels which had been taken at the club and at Mr Willcox’s home and called Mr Tim Pashen, Principal Environmental Health Officer, as a witness to substantiate the evidence which was submitted.  The readings indicated that there was a very high background level of noise from traffic and that, on occasions, noise levels had increased  after the club had closed.  Details of the complaints which had been received during the term of the existing licence were reported to the Sub-Committee, and particular reference was made to one occasion when a connecting door between the night club and the adjoining hotel had been left open causing an increase in noise levels in the vicinity.  It was felt that this particular  problem could be overcome by attaching a condition to the licences requiring the door to be kept closed.

Mr Rowland questioned Mr Stewart and Mr Pashen with regard to the noise levels and the conclusions which could be reached from the readings which had been taken.  Mr Stewart, on being questioned as to whether he considered the noise limiter to be effective and tamper proof, indicated that he was satisfied that the arrangements which had been made with regard to the noise limiter were satisfactory.  

Mr Rowland summarised the grounds for the objection which had been submitted in respect of the grant of the licences and the problems which his client had experienced.  Mr Willcox then gave a personal account of the difficulties which he had experienced as a result of music emanating from the club.  He pointed out that his main concern was the bass frequencies, which were particularly intrusive due to their repetitive nature.  He accepted that the volumes which he experienced might not be particularly loud.

Ms Jane Walker then summed up on behalf of the applicants and stated that her clients would be happy to accept a condition regarding the door between the night club and the hotel and would accept the results of any further survey undertaken by the Proper Officer both in the premises and from Mr Willcox’s home.  Ms Walker also emphasised that her clients were anxious not to cause a noise nuisance.

The hearing was adjourned for a brief period to enable the Sub-Committee to consider its decision.

RESOLVED, That

(Note: Councillor Miss Gibson left the meeting upon the conclusion of item 2 above).

Members were advised that the Public Dancing and Music and Sunday Music Licences held by Mr Jeremy Wilkinson, Ms Juliet Hitch and Mr David Keeley in respect of Joe Bananas, 52 High Street, Camberley were due to expire on 31st October 1997.  Application had been made for renewal of the licences and, in response to notice of the application, the Council had received one objection.

The applicants were present at the meeting together with their representative, Mr Jonathan Smith, who summarised the background to the application and explained the cause of complaints which had been received during the term of the licences which were due to expire.  The policy of Luminar Leisure Limited, the company which owned the club, was to work with neighbours to overcome any problems and his clients were, therefore, prepared to use their best endeavours, working with the Chief Environmental Health Officer, to undertake remedial action to satisfy the objection which had been received.

Miss Sue Jenkins, the objector, was present at the meeting and gave details of her grounds for objecting to the application.  The noise level from the music emanating from the club was her main reason for objecting, but another major concern was the noise created by staff throwing rubbish down from the roof of the premises rather than walking down the stairs and disposing of it properly.  Although Miss Jenkins did not wish the club to be closed, she was anxious that action should be taken to overcome these problems.  The applicants had made an appointment with Miss Jenkins to gain access to her flat to evaluate the problems which had occurred, but there had been a misunderstanding of the dates involved and consequently no evaluation of the problems had been possible.  The applicants stated however, that they were anxious to carry out this evaluation and to take any reasonable action to rectify the situation.

The applicants had employed consultants, SRI Limited, to undertake noise measurements and to advise on any improvements for controlling noise.  Suggested measures for improving noise control had been set out in a letter sent to Luminar Leisure Ltd by SRI Limited on 25th June, 1997.

Mr Ken Stewart, the Chief Environmental Health Officer and Proper Officer for the Council, submitted a report giving details of noise readings which had been taken at the club and the action which had been taken in respect of the complaints which had been received.  Although the premises were purpose built, the roof structure was considered to be inadequate for the purpose of reducing noise emissions.  In the view of the Proper Officer the noise emanating from the club had constituted a statutory nuisance on two occasions.  A noise limiter was used in the club premises and as a result noise problems were not a regular occurrence.  Mr Richard Garnett, Environmental Health Officer, was called as a witness by the Proper Officer and confirmed the statements which had been made in regard to noise emanating from the club.  The estimated cost of improving the roof was between £20,000 - £25,000, but it was appreciated that there might be a more cost-effective solution.

Mr Smith summed up on behalf of the applicants and confirmed that his clients were anxious to overcome the problems giving rise to the objection.  Miss Jenkins reiterated the grounds for her objection but stated that she would be satisfied if work could be undertaken to ameliorate the noise problems which she was experiencing.

The hearing was adjourned for a brief period to enable the Sub-Committee to consider its decision.

RESOLVED, That

CHAIRMAN