Please Contact: Linda Yarham
Please email: linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
4 January 2016
A meeting of the Licensing Sub-Committee (3) of North Norfolk District Council will be convened
in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 20 January
2016 at 10.00 am.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours. Coffee will be available in the Canteen at 9.30 am.
Sheila Oxtoby
Chief Executive
To: Mr P High, Mr R Shepherd, Mr N Coppack
All other Members of the Council for information.
Members of the Management Team and appropriate Officers.
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative format
or in a different language please contact us
Large print version can be made available
Chief Executive: Sheila Oxtoby
Strategic Directors: Nick Baker and Steve Blatch
Tel: 01263 513811 Fax: 01263 515042 Minicom: 01263 516005
Email: districtcouncil@north-norfolk.gov.uk Web site: northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local
Government Act 1972.
3.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a disclosable
pecuniary interest.
4.
EXCLUSION OF THE PRESS AND PUBLIC
To pass the following resolution, if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and
public be excluded from the meeting for the following items of business on the
grounds that they involve the likely disclosure of exempt information as defined in
paragraph 1 of Part I of Schedule 12A (as amended) to the Act.”
5.
Application for a Licence to Drive Hackney Carriage or Private Hire Vehicles
in North Norfolk (WK/150030457)
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 3; Appendix A – page 5; Appendix B – page 12; Appendix C – page 14;
Appendix D – page 24)
Summary:
This report relates to an application for a taxi drivers
licence where a Disclosure Barring Service Report has
been received which merits further consideration.
Conclusions:
Members may wish to go into Private session to hear fully
from the applicant and consider this matter in confidence.
Recommendations:
That Members consider and determine this application.
Chairman of the Licensing
Committee
Councillor R Price
Contact Officer, telephone
number, and e-mail:
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
6.
Application for a Licence to Drive Hackney Carriage or Private Hire Vehicles
in North Norfolk (WK/150030890)
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 25; Appendix E – page 27; Appendix F – page 34; Appendix G – page 36;
Appendix H – page 44)
Summary:
This report relates to an application for a taxi drivers licence
where a Disclosure Barring Service Report has been
received which merits further consideration.
Conclusions:
Members may wish to go into Private session to hear fully
from the applicant and consider this matter in confidence.
Recommendations:
That Members consider and determine this application.
Chairman of the Licensing
Committee
Councillor R Price
Contact Officer, telephone
number, and e-mail:
7.
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
Application for a Licence to Drive Hackney Carriage or Private Hire Vehicles
in North Norfolk (WK/150026539)
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 48; Appendix I – page 50; Appendix J – page 69; Appendix K – page 70;
Appendix L – page 78)
Summary:
This report relates to an application for a taxi drivers licence
where the applicant has previously held a driver’s licence
issued by North Norfolk District Council that was revoked.
Additionally a Disclosure Barring Service Report has been
received which merits further consideration.
Conclusions:
Members may wish to go into Private session to hear fully
from the applicant and consider this matter in confidence.
Recommendations:
That Members consider and determine this application.
Chairman of the Licensing
Committee
Councillor R Price
Contact Officer, telephone
number, and e-mail:
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
8.
READMITTANCE OF PRESS AND PUBLIC
To readmit the press and public to the meeting for the following business.
9.
Enquiry regarding signage on vehicle, use of dvd screens for advertising
purposes (WK/150034107)
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 81; Appendix M – page 83)
Summary:
This report relates to an enquiry received regarding signage
on the externals and internals of vehicle and use of the DVD
screens in rear headrests for advertising purposes and
karaoke
Conclusions:
Members may wish to go into Private session to hear fully
from the applicant and consider this matter in confidence, if
necessary.
Recommendations:
That Members consider and determine this application.
Chairman of the Licensing
Committee
Councillor R Price
Contact Officer, telephone
number, and e-mail:
10.
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
Application for a review of a Premises Licence - The White Lady, Front Street,
Worstead, Norfolk, NR28 9RW
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 85; Appendix N – page 103; Appendix O – page 154; Appendix P – page 161;
Appendix Q – page 164)
Summary:
This is an application for Review of a Premises Licence
Conclusions:
That Members consider and determine the case from the
information they have in written and verbal form
Recommendations:
That Members consider and determine this case
Cllr R Price – Chairman
Licensing Committee
Contact Officer, telephone
number, and e-mail:
Ward(s) affected: Worstead
Lara Clare
01263 516252
lara.clare@north-norfolk.gov.uk
NORTH NORFOLK DISTRICT COUNCIL
Licensing Sub-Committee Hearings
Information to Accompany Notice of Hearing
1. Consequences if the Party does not attend Hearing
1) If a party has informed the Authority that he does not intend to attend or be
represented at a Hearing, the Hearing may proceed in his absence.
2) If a party who has not so indicated fails to attend or be represented at a Hearing
the Authority may –
a) Where it considers it to be necessary in the public interest, adjourn the
Hearing to a specified date, or
b) Hold the Hearing in the party’s absence.
3) Where the Authority holds the Hearing in the absence of a party, the Authority
shall consider at the Hearing the application, representations or notice made by
that party.
4) Where the Authority adjourns the Hearing to a specified date it must forthwith
notify the parties of the date, time and place to which the Hearing has been
adjourned.
2. Procedure to be followed at the Hearing
Please note: before the Hearing begins the Licensing Representative will take the
names of everyone attending and find out if they want to speak.
1. The Chairman introduces
a)
b)
c)
d)
Himself or herself and the Members of the Committee
The Legal Advisor
The Licensing Representative
The Committee Officer.
2. The Legal Advisor
a)
b)
c)
d)
Introduces the subject of the Hearing
Notes attendances
Outlines the procedure and explains her part in it.
Asks if there are any preliminary matters, such as requests for adjournment.
3. The Chairman asks the Licensing Representative to explain the application.
4. The Licensing Representative refers the Sub Committee to the report, which
they have read beforehand, and updates them on any new information. S/he may
call witnesses.
5. The Licensing Representative invites questions on the report from all parties
(The Applicant, the Objectors, the Board Members and the Legal Advisor)
6. The Chairman asks the Applicant (or his/her representative) to put forward their
case. The Applicant may also call witnesses.
7. The Chairman invites questions to the Applicant from the Objectors, the Board
Members and the Legal Advisor.
Licensing Sub-Committee
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20 January 2016
8. The Chairman invites the Objectors to put forward their case.
9. The Chairman invites questions to the Objectors from the Applicant, the Board
Members and the Legal Advisor. Any party may call witnesses or ask questions
of the witnesses.
10. Closing Statements
The Chairman invites closing statements:
FIRST:
LAST:
Objectors (or Objectors Spokesman)
Applicant (or his/her representative)
The Chairman will ask the Legal Advisor if there is any advice before the SubCommittee retires.
11. The Chairman thanks all those who have spoken and invites the Sub Committee
to retire to the Members’ Room to make a decision.
12. The Legal Advisor accompanies the Sub Committee to provide legal advice and
to assist them to formulate their reasons (but does not take part in the making of
the decision).
13. The Sub Committee makes the decision.
14. The Sub Committee returns. The Chairman reads out the decision and the
reasons for the decision.
Licensing Sub-Committee
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20 January 2016
Agenda Item No_10__
Application for a review of a Premises Licence - The White Lady, Front Street,
Worstead, Norfolk, NR28 9RW
Summary:
This is an application for Review of a Premises Licence
Conclusions:
That Members consider and determine the case from the
information they have in written and verbal form
Recommendations:
That Members consider and determine this case
Cllr R Price – Chairman
Licensing Committee
Ward(s) affected: Worstead
Contact Officer, telephone
number, and e-mail:
Lara Clare
01263 516252
lara.clare@north-norfolk.gov.uk
1.
Jurisdiction
1.1.
North Norfolk District Council is the Licensing Authority under the Licensing Act
2003 in respect of Premises licences for the sale of alcohol or regulated
entertainment. Where a valid review application for a premises licence is
received and relevant representations are made, before determining the review
application, the authority must hold a hearing to consider the case.
1.2.
At any stage, following the grant of a premises licence or club premises
certificate, a responsible authority, or any other person, may ask the licensing
authority to review the licence or certificate because of a matter arising at the
premises in connection with any of the four licensing objectives.
The four licensing objectives to be considered as part of the review (when
determining) the application, and relevant representations, are:
a.
the prevention of crime & disorder
b.
public safety
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20 January 2016
c.
the prevention of public nuisance, and
d.
the protection of children from harm
2.
The Application
2.1
Environmental Protection Team has made an application for review to the
Premises Licence for The White Lady, Front Street, Worstead, Norfolk, NR28
9RW. Appendix N
2.2
The premises are used as a public house with live music functions and private
functions such as wedding receptions with music
2.3
The applicant seeks permission to operate as follows:
Licensable activity
Days
Times
Plays
Monday to Sunday
00:00 - 00:00
Monday to Sunday
00:00 - 00:00
Films
Indoor Sporting Event
Boxing or Wrestling
Live Music
Recorded Music
Performance of Dance
Entertainment Similar to
E/F/G
Making Music
Dancing
Entertainment Similar to I/J
Late Night Refreshment
Sale of Alcohol On
Premises
Sale of Alcohol Off
Premises
Hours Premises open to
the public:
Licensing Sub-Committee
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20 January 2016
3.
Conditions
3.1
The premises licence is subject to the following mandatory conditions:
a. LIP001 No supply of alcohol may be made under the premises licence,
at a time when there is no designated premises supervisor in respect of
the premises licence or at a time when the designated premises
supervisor does not hold a personal licence, or the personal licence is
suspended.
b. LIP002 Every supply of alcohol under the premises licence must be
made or authorised by a person who holds a personal licence.
c. LIP003 Where a premises licence includes the condition that at
specified times one or more individuals must be at the premises to
carry out a security activity; each such individual must be licensed by
the Security Industry Authority.
d. LIP004 Where a premises licence authorises the exhibition of films, the
admission of children to the exhibition of any film to be restricted in
accordance with this section.
e. LIP006
(1) The responsible person must ensure that staff on relevant premises
do not carry out, arrange or participate in any irresponsible
promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or
more of the following activities, or substantially similar activities,
carried on for the purpose of encouraging the sale or supply of
alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are
designed to require or encourage, individuals to—
(i) drink a quantity of alcohol within a time limit (other than to
drink alcohol sold or supplied on the premises before the
cessation of the period in which the responsible person is
authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit
or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or
for a fixed or discounted fee to the public or to a group defined by a
particular characteristic in a manner which carries a significant risk
of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a
prize to encourage or reward the purchase and consumption of
alcohol over a period of 24 hours or less in a manner which carries
a significant risk of undermining a licensing objective;
Licensing Sub-Committee
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20 January 2016
(d) selling or supplying alcohol in association with promotional
posters or flyers on, or in the vicinity of, the premises which can
reasonably be considered to condone, encourage or glamorise antisocial behaviour or to refer to the effects of drunkenness in any
favourable manner;
(e) dispensing alcohol directly by one person into the mouth of
another (other than where that other person is unable to drink
without assistance by reason of disability).
f. LIP008 The responsible person must ensure that free potable water is
provided on request to customers where it is reasonably available.
g. LIP009
(1) The premises licence holder or club premises certificate holder
must ensure that an age verification policy is adopted in respect of
the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises
licence must ensure that the supply of alcohol at the premises is
carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible
person to be under 18 years of age (or such older age as may be
specified in the policy) to produce on request, before being served
alcohol, identification bearing their photograph, date of birth and
either—
(a) a holographic mark, or
(b) an ultraviolet feature.
i.
LIP010 The responsible person shall ensure that:
a) where any of the following alcoholic drinks is sold or supplied for
consumption on the premises (other than alcoholic drinks sold or
supplied having been made up in advance ready for sale or supply
in a securely closed container) it is available to customers in the
following measures –
i)
beer or cider: ½ pint;
ii)
gin, rum, vodka or whisky: 25ml or 35ml; and
iii)
still wine in a glass: 125ml; and
b) these measures are displayed in a menu, price list or other printed
material which is available to customers on the premises; and
c) where a customer does not in relation to a sale of alcohol specify
the quantity of alcohol to be sold, the customer is made aware that
these measures are available.
j.
LIP011 A relevant person shall ensure that no alcohol is sold or
supplied for consumption on or off the premises for a price which is
less than the permitted price.
Licensing Sub-Committee
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20 January 2016
3.2
The licence is subject to the following conditions which are consistent with their
operating schedule:
a. Live music, Recorded music and Performance of dance outdoors or in
the marquee to end by 12.00 midnight.
b. LIPN10 All [external doors/windows] must be kept closed, other than
for access and egress, in all rooms when events involving amplified
music or speech are taking place.
c. LIPN14 Prominent, clear notices shall be displayed at all exits and in
the car park requesting customers to respect the needs of local
residents and leave the premises and the area quietly.
d. LIPN16 External events must not continue beyond 12:00 Midnight
without prior approval of the Licensing Authority.
e. LIPN19 The Designated Premises Supervisor or a nominated
representative shall receive and respond to complaints throughout the
duration of all noisy events and will have full control at all times over
the sound amplification.
f. LIPN22 A designated premises supervisor or nominated representative
shall ensure that no nuisance is caused by noise emanating from the
premises by implementing a Self Policing Policy which shall include
sound checks inside and out.
g. Additional Conditions suggested as part of this review:
Worstead Festival Weekend External amplified music to be permitted
Friday: 19:00 -22:00 Saturday: 17:00 -22:00 Sunday: 16:00 -21 :00
Weddings/Celebrations External, recorded, amplified music to" be
permitted for no more than four weddings/celebrations in any calendar
year. No external amplified live music to be permitted during these
weddings/celebrations. The, playing of recorded, amplified music not to
exceed four hours in total. Finish time not to exceed 23:00.
Other Events No other external amplified music events to be permitted.
Other
conditions
No
external
amplified
events/weddings/celebrations to occur on consecutive weekends.
music
Internal Music We would request that consideration of the effects of
internal music on nearby residents is also considered and will update the
committee as soon as further monitoring has taken place.
Licensing Sub-Committee
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20 January 2016
4.
Representations from Responsible Authorities
4.1
Section 13(4) of the Act defines the ’Responsible Authorities’ as the statutory
bodies that must be sent copies of a review application. Representations made
must relate to the licensing objectives.
4.2
The following comments have been received from the Responsible Authorities:
See Appendix O
Responsible Authority
Norfolk Constabulary
Norfolk Fire Service
Norfolk Trading Standards
Norfolk Children’s
Safeguarding Board
Norfolk Health authority
(Director of Public Health for
Norfolk)
NNDC Planning
(Development Management)
NNDC Environmental Health
(Health & Safety team)
NNDC Environmental Health
(Environmental Protection
team)
NNDC Licensing
(Responsible) authority
Comments
Date
There are no police
01/12/2015
observations regarding
this review
Standard Letter
30/11/2015
Nil Response
Nil Response
Detailed
letter
in 09/12/2015
support of the review
Nil Response
Nil Response
Nil Response
Nil Response
5.
Representations from Other Persons
5.1
Section 13(2) of the Act describes other persons as any individual, body or
business entitled to make representations to licensing authorities in relation to
the review of premises licences and club premises certificates regardless of their
proximity to the premises. Additionally, these persons may themselves seek a
review of a premises licence. Representations made must be relevant in that
they relate to the licensing objectives.
5.2
There has been significant correspondence received from various residents
concerning this premises which has led to the investigation to prevent the cause
of public nuisance on noise grounds and has ultimately culminated in this
application for review of the premises licence. Copies of all correspondence are
attached for information. The predominant relevant issue raised has been that of
the prevention of crime and disorder and public nuisance See Appendix P
Licensing Sub-Committee
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20 January 2016
Other Persons
Comments
Date
Mrs Pacey
Support of the review as a
resident affected by the
activities at The White Lady –
Via telephone call with Karen
Baker because of email issues,
letter to follow as would like to
opportunity to speak at the
hearing.
18/12/2015
6.
Notices
6.1
The Licensing Authority is responsible for advertising the review by way of a
notice in the specified form at the premises for not less than 28 consecutive days
and in a local newspaper. The Public Notice appeared in the North Norfolk News
on the 3rd December 2015 and a Notice should have been displayed on the
premises until 18th December 2015, this was checked periodically by an Officer
of North Norfolk District Council and was in place at these checks.
7.
7.1
Plans
A location plan showing the general location of the premises is attached at
Appendix Q.
8.
North Norfolk District Council Licensing Policy
8.1
The current Statement of Licensing Policy was approved by Full Council on 14
December 2010 and the following extracts may be relevant to this application:
3.0 Main Principles
3.1 Nothing in the ‘Statement of Policy’ will:
• undermine the rights of any person to apply under the 2003 Act for
a variety of permissions and have the application considered on its
individual merits, and/or
• override the right of any person to make representations on any
application or seek a review of a licence or certificate where they
are permitted to do so under the 2003 Act
3.2 Licensing is about the control of licensed premises, qualifying clubs
and temporary events within the terms of the 2003 Act, and conditions are
likely to be attached to licences, certificates and permissions that will cover
matters which are within the control of individual licensees.
3.3 When considering these conditions, the Council will primarily focus on
the direct impact of the activities taking place at licensed premises on
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20 January 2016
members of the public living, working or engaged in normal activity in the
area concerned.
3.4 The Council acknowledges that the licensing function cannot be used
for the general control of anti-social behaviour by individuals once they are
beyond the direct control of the licensee of any premises concerned. In
this respect, the
Council recognises that, apart from the licensing function, there are a
number of other mechanisms available for addressing issues of unruly
behaviour that can occur away from licensed premises, including:
• planning and environmental health controls
• ongoing measures to create a safe and clean environment in
these areas in partnership with local businesses, transport
operators and other Council Departments
• designation of parts of the District as places where alcohol may
not be consumed publicly
• regular liaison with Police on law enforcement issues regarding
disorder and anti-social behaviour, including the issue of fixed
penalty notices, prosecution of those selling alcohol to people who
are drunk; confiscation of alcohol from adults and children in
designated areas and instantly closing down licensed premises or
temporary events on the grounds of disorder, or likelihood of
disorder or excessive noise from the premises
• the power of the police, other responsible authority or a local
resident or business or District Councillor to seek a review of the
licence or certificate
4 Crime and Disorder
4.1 Licensed premises, especially those offering late night/early morning
entertainment, alcohol and refreshment for large numbers of people, can
be a source of crime and disorder problems.
4.2 The Council will expect Operating Schedules to satisfactorily address
these issues from the design of the premises through to the daily operation
of the business.
6 Prevention of Public Nuisance
6.1 Licensed premises, especially those operating late at night and in the
early hours of the morning, can cause a range of nuisances impacting on
people living, working or sleeping in the vicinity of the premises.
6.2 The concerns mainly relate to noise nuisance, light pollution and
noxious smells and due regard will be taken of the impact these may have.
The Council will expect Operating Schedules to satisfactorily address
these issues. Applicants are advised to seek advice from the Council’s
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20 January 2016
Health and Pollution Enforcement Officers before preparing their plans and
Schedules.
6.3 The Council will consider attaching Conditions to licences and
permissions to prevent public nuisance, and these may include Conditions
drawn from the Model Pool of Conditions relating to ‘Public Nuisance’.
10 Standard Conditions
10.1 Conditions attached to licences or certificates will be tailored to the
individual style and characteristics of the particular premises and events
concerned.
10.2 However, where considered appropriate, and necessary for the
promotion of the Licensing Objectives, the Council will consider attaching
Conditions drawn from the relevant Model Pools of Conditions and from
any published Local Pool of Conditions
9.
Guidance Issued under section 182 of the Licensing Act 2003
9.1
The current Guidance was issued by the Home Office in March 2015 and offers
advice to Licensing authorities on the discharge of their functions under the
Licensing Act 2003.
9.2
The following extracts may be relevant to this application and assist the panel:
Licensing conditions – general principles
1.16 Conditions on a premises licence or club premises certificate are
important in setting the parameters within which premises can lawfully operate.
The use of wording such as “must”, “shall” and “will”, is encouraged. Licence
conditions:
• must be appropriate for the promotion of the licensing objectives;
• must be precise and enforceable;
• must be unambiguous and clear in what they intend to achieve;
• should not duplicate other statutory requirements or other duties or
responsibilities placed on the employer by other legislation;
• must be tailored to the individual type, location and characteristics of the
premises and events concerned;
• should not be standardised and may be unlawful when it cannot be
demonstrated that they are appropriate for the promotion of the licensing
objectives in an individual case;
• should not replicate offences set out in the 2003 Act or other legislation;
• should be proportionate, justifiable and be capable of being met, (for example,
whilst beer glasses may be available in toughened glass, wine glasses may not);
• cannot seek to manage the behaviour of customers once they are beyond the
direct management of the licence holder and their staff, but may impact on the
behaviour of customers in the immediate vicinity of the premises or as they enter
or leave; and
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20 January 2016
• should be written in a prescriptive format.
Each application on its own merits
1.17 Each application must be considered on its own merits and in accordance
with the licensing authority’s statement of licensing policy; for example, if the
application falls within the scope of a cumulative impact policy. Conditions
attached to licences and certificates must be tailored to the individual type,
location and characteristics of the premises and events concerned. This is
essential to avoid the imposition of disproportionate and overly burdensome
conditions on premises where there is no need for such conditions. Standardised
conditions should be avoided and indeed may be unlawful where they cannot be
shown to be appropriate for the promotion of the licensing objectives in an
individual case
Public Nuisance
2.14 The 2003 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 litter.
2.15 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.
2.16 Conditions relating to noise nuisance will usually concern steps appropriate
to control the levels of noise emanating from 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 the 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 for smaller venues.
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20 January 2016
2.17 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 when 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.
2.18 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 lateevening 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 any disturbance anticipated as customers enter and
leave.
2.19 Measures to control light pollution will also require careful thought. Bright
lighting outside premises which is considered appropriate to prevent crime and
disorder may itself give rise to light pollution for some neighbours. Applicants,
licensing authorities and responsible authorities will need to balance these
issues.
2.20 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.
Determining applications where representations are made
9.36 As a matter of practice, licensing authorities should seek to focus the
hearing on the steps considered appropriate to promote the particular licensing
objective or objectives that have given rise to the specific representation and
avoid straying into undisputed areas. A responsible authority or other person may
choose to rely on their written representation. They may not add further
representations to those disclosed to the applicant prior to the hearing, but they
may expand on their existing representation.
9.37 In determining the application with a view to promoting the licensing
objectives in the overall interests of the local community, the licensing authority
must give appropriate weight to:
• the steps that are appropriate to promote the licensing objectives;
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• the representations (including supporting information) presented by all the
parties;
• this Guidance;
• its own statement of licensing policy.
Relevant, Vexatious and Frivolous Representations
9.4 A representation is “relevant” if it relates to the likely effect of the grant of the
licence on the promotion of at least one of the licensing objectives. For example,
a representation from a local businessperson about the commercial damage
caused by competition from new licensed premises would not be relevant. On the
other hand, a representation by a businessperson that nuisance caused by new
premises would deter customers from entering the local area, and the steps
proposed by the applicant to prevent that nuisance were inadequate, would be
relevant. In other words, representations should relate to the impact of licensable
activities carried on from premises on the objectives. For representations in
relation to variations to be relevant, they should be confined to the subject matter
of the variation. There is no requirement for a responsible authority or other
person to produce a recorded history of problems at premises to support their
representations, and in fact this would not be possible for new premises.
9.5 It is for the licensing authority to determine whether a representation (other
than a representation from responsible authority) is frivolous or vexatious on the
basis of what might ordinarily be considered to be vexatious or frivolous. A
representation may be considered to be vexatious if it appears to be intended to
cause aggravation or annoyance, whether to a competitor or other person,
without reasonable cause or justification. Vexatious circumstances may arise
because of disputes between rival businesses and local knowledge will
therefore be invaluable in considering such matters. Licensing authorities can
consider the main effect of the representation, and whether any
inconvenience or expense caused by it could reasonably be considered to be
proportionate.
9.9 It is recommended that, in borderline cases, the benefit of the doubt about
any aspect of a representation should be given to the person making that
representation. The subsequent hearing would then provide an opportunity for
the person or body making the representation to amplify and clarify it.
Determining actions that are appropriate for the promotion of the licensing
objectives
9.41 Licensing authorities are best placed to determine what actions are
appropriate for the promotion of the licensing objectives in their areas. All
licensing determinations should be considered on a case by case basis. They
should take into account any representations or objections that have been
received from responsible authorities or other persons, and representations made
by the applicant or premises user as the case may be.
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9.42 The authority’s determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and proportionate to
what it is intended to achieve.
9.43 Determination of whether an action or step is appropriate for the promotion
of the licensing objectives requires an assessment of what action or step would
be suitable to achieve that end. Whilst this does not therefore require a licensing
authority to decide that no lesser step will achieve the aim, the authority should
aim to consider the potential burden that the condition would impose on the
premises licence holder (such as the financial burden due to restrictions on
licensable activities) as well as the potential benefit in terms of the promotion of
the licensing objectives. However, it is imperative that the authority ensures that
the factors which form the basis of its determination are limited to consideration
of the promotion of the objectives and nothing outside those parameters. As with
the consideration of licence variations, the licensing authority should consider
wider issues such as other conditions already in place to mitigate potential
negative impact on the promotion of the licensing objectives and the track record
of the business. Further advice on determining what is appropriate when
imposing conditions on a licence or certificate is provided in Chapter 10. The
licensing authority is expected to come to its determination based on an
assessment of the evidence on both the risks and benefits either for or against
making the determination.
Conditions attached to Premises Licences
10.2 Conditions include any limitations or restrictions attached to a licence or
certificate and essentially are the steps or actions that the holder of the premises
licence or the club premises certificate will be required to take or refrain from
taking in relation to the carrying on of licensable activities at the premises in
question. Failure to comply with any condition attached to a licence or certificate
is a criminal offence, which on conviction is punishable by a fine of up to £20,000
or up to six months imprisonment. The courts have made clear that it is
particularly important that conditions which are imprecise or difficult for a licence
holder to observe should be avoided.
10.3 There are three types of condition that may be attached to a licence or
certificate: proposed, imposed and mandatory. Each of these categories is
described in more detail below
Proposed Conditions
10.4 The conditions that are appropriate for the promotion of the licensing
objectives should emerge initially from the risk assessment carried out by a
prospective licence or certificate holder, which they should carry out before
making their application for a premises licence or club premises certificate. This
would be translated into the steps recorded in the operating schedule or club
operating schedule, which must also set out the proposed hours during which
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licensable activities will be conducted and any other hours during which the
premises will be open to the public.
10.5 It is not acceptable for licensing authorities to simply replicate the wording
from an applicant’s operating schedule. A condition should be interpreted in
accordance with the applicant’s intention
Imposed Conditions
10.8 The licensing authority may not impose any conditions unless its discretion
has been engaged following receipt of relevant representations and it is satisfied
as a result of a hearing (unless all parties agree a hearing is not necessary) that it
is appropriate to impose conditions to promote one or more of the four licensing
objectives.
10.9 It is possible that, in certain cases, where there are other legislative
provisions which are relevant and must be observed by the applicant, no
additional conditions are appropriate to promote the licensing objectives.
Proportionality
10.10 The 2003 Act requires that licensing conditions should be tailored to the
size, type, location and characteristics and activities taking place at the premises
concerned. Conditions should be determined on a case by case basis and
standardised conditions which ignore these individual aspects should be avoided.
Licensing authorities and other responsible authorities should be alive to the
indirect costs that can arise because of conditions. These could be a deterrent to
holding events that are valuable to the community or for the funding of good and
important causes. Licensing authorities should therefore ensure that any
conditions they impose are only those which are appropriate for the promotion of
the licensing objectives.
Hours of trading
10.13 The Government acknowledges that different licensing strategies may be
appropriate for the promotion of the licensing objectives in different areas. The
2003 Act gives the licensing authority power to make decisions regarding
licensed opening hours as part of the implementation of its licensing policy
statement and licensing authorities are best placed to make decisions about
appropriate opening hours in their areas based on their local knowledge and in
consultation with responsible authorities. However, licensing authorities must
always consider each application and must not impose predetermined licensed
opening hours, without giving individual consideration to the merits of each
application.
Designated premises supervisor
10.29 The main purpose of the ‘designated premises supervisor’ as defined in the
2003 Act is to ensure that there is always one specified individual among these
personal licence holders who can be readily identified for the premises where a
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premises licence is in force. That person will normally have been given day to
day responsibility for running the premises by the premises licence holder. The
requirements set out in relation to the designated premises supervisor and
authorisation of alcohol sales by a personal licence holder do not apply to
community premises in respect of which a successful application has been made
to disapply the usual mandatory conditions in sections 19(2) and 19(3) of the
2003 Act (see Chapter 4 of this Guidance).
10.30 The 2003 Act does not require a designated premises supervisor or any
other personal licence holder to be present on the premises at all times when
alcohol is sold. However, the designated premises supervisor and the premises
licence holder remain responsible for the premises at all times including
compliance with the terms of the 2003 Act and conditions attached to the
premises licence to promote the licensing objectives.
The review process
11.1 The proceedings set out in the 2003 Act for reviewing premises licences and
club premises certificates represent a key protection for the community where
problems associated with the licensing objectives occur after the grant or
variation of a premises licence or club premises certificate.
11.2 At any stage, following the grant of a premises licence or club premises
certificate, a responsible authority, or any other person, may ask the licensing
authority to review the licence or certificate because of a matter arising at the
premises in connection with any of the four licensing objectives.
11.5 Any responsible authority under the 2003 Act may apply for a review of a
premises licence or club premises certificate. Therefore, the relevant licensing
authority may apply for a review if it is concerned about licensed activities at
premises and wants to intervene early without waiting for representations from
other persons. However, it is not expected that licensing authorities should
normally act as responsible authorities in applying for reviews on behalf of other
persons, such as local residents or community groups. These individuals or
groups are entitled to apply for a review for a licence or certificate in their own
right if they have grounds to do so. It is also reasonable for licensing authorities
to expect other responsible authorities to intervene where the basis for the
intervention falls within the remit of that other authority. For example, the police
should take appropriate steps where the basis for the review is concern about
crime and disorder or the sexual exploitation of children. Likewise, where there
are concerns about noise nuisance, it is reasonable to expect the local authority
exercising environmental health functions for the area in which the premises are
situated to make the application for review.
Further guidance on ‘The Review Process’ can be sought in Section 11 of the
Guidance issued under section 182 of the Licensing Act 2003.
Powers of a licensing authority on the determination of a review
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11.16 The 2003 Act provides a range of powers for the licensing authority
which it may exercise on determining a review where it considers them
appropriate for the promotion of the licensing objectives.
11.17 The licensing authority may decide that the review does not require it to
take any further steps appropriate to promote the licensing objectives. In
addition, there is nothing to prevent a licensing authority issuing an informal
warning to the licence holder and/or to recommend improvement within a
particular period of time. It is expected that licensing authorities will regard
such informal warnings as an important mechanism for ensuring that the
licensing objectives are effectively promoted and that warnings should be
issued in writing to the licence holder.
11.18 However, where responsible authorities such as the police or
environmental health officers have already issued warnings requiring
improvement – either orally or in writing – that have failed as part of their own
stepped approach to address concerns, licensing authorities should not
merely repeat that approach and should take this into account when
considering what further action is appropriate.
11.19 Where the licensing authority considers that action under its statutory
powers is appropriate, it may take any of the following steps:

modify the conditions of the premises licence (which includes
adding new conditions or any alteration or omission of an existing
condition), for example, by reducing the hours of opening or by
requiring door supervisors at particular times;

exclude a licensable activity from the scope of the licence, for
example, to exclude the performance of live music or playing of
recorded music (where it is not within the incidental live and
recorded music exemption)10;

remove the designated premises supervisor, for example, because
they consider that the problems are the result of poor
management;

suspend the licence for a period not exceeding three months;

revoke the licence
11.20 In deciding which of these powers to invoke, it is expected that
licensing authorities should so far as possible seek to establish the cause or
causes of the concerns that the representations identify. The remedial action
taken should generally be directed at these causes and should always be no
more than an appropriate and proportionate response to address the causes
of concern that instigated the review.
11.21 For example, licensing authorities should be alive to the possibility that
the removal and replacement of the designated premises supervisor may be
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sufficient to remedy a problem where the cause of the identified problem
directly relates to poor management decisions made by that individual.
11.22 Equally, it may emerge that poor management is a direct reflection of
poor company practice or policy and the mere removal of the designated
premises supervisor may be an inadequate response to the problems
presented. Indeed, where subsequent review hearings are generated by
representations, it should be rare merely to remove a succession of
designated premises supervisors as this would be a clear indication of deeper
problems that impact upon the licensing objectives.
11.23 Licensing authorities should also note that modifications of conditions
and exclusions of licensable activities may be imposed either permanently or
for a temporary period of up to three months. Temporary changes or
suspension of the licence for up to three months could impact on the business
holding the licence financially and would only be expected to be pursued as
an appropriate means of promoting the licensing objectives. So, for instance,
a licence could be suspended for a weekend as a means of deterring the
holder from allowing the problems that gave rise to the review to happen
again. However, it will always be important that any detrimental financial
impact that may result from a licensing authority’s decision is appropriate and
proportionate to the promotion of the licensing objectives. But where premises
are found to be trading irresponsibly, the licensing authority should not
hesitate, where appropriate to do so, to take tough action to tackle the
problems at the premises and, where other measures are deemed
insufficient, to revoke the licence.
10.
Determination
10.1 The Sub Committee are requested to consider the review application, the
representations received and determine this review application.
10.2 When considering this application the Sub Committee will need to have regard to
the North Norfolk District Council Licensing Policy and to statutory guidance
under the Licensing Act 2003 issued by the Secretary of State
10.3 In determining the application for a Premises Licence the Sub Committee may
take the following actions:
a. Modify the conditions of the premises licence
b. Exclude a licensable activity from the scope of the licence
c. Remove the designated premises supervisor
d. Suspend the licence for a period not exceeding three months
e. Revoke the licence
10.4 This application must be determined and notified to the applicant within 5 working
days from the conclusion of the hearing. Reasons for the Panel’s decision must
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be given as both the applicant and objectors have a right of appeal against that
decision to the Magistrates Court.
10.5 There is a right of appeal to the decision of the Sub Committee to the Magistrates
court within 21 days.
Appendices:
N. Copy of Review Application and associated documents
O. Representations: Responsible Authorities
P. Representations: objection or support from other persons
Q. Location Plan
Background Papers:
1. The Licensing Act 2003
2. North Norfolk District Council Statement of Licensing Policy (14 December 2010)
3. Guidance issued under section 182 of the Licensing Act 2003 (March 2015)
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APPENDIX N
1/1
NORTH NORFOLK DISTRICT COUNCil
HOLT ROAD CROMER NORFOLK NR27 9EN
-!]
NORTH,'
Telephone 01263 513811
Fax 01263 515042
www.northnorfolk.org
Your ref:
Our ref:
NORFOLK'
DISTRICT COUNCIL
KB/amhNVKS/15001,3349 .
20 th November 2015
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, NORTH NORFOU< D.C. J
Licensing Team
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North Norfolk District Council
Holt Road
Cromer
Norfolk
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Dear Sir or Madam
Re:
Licence Review - The New Inn (aka The White Lady)
Front Street, Worstead, Norfolk NR28 9RW
Please find enclosed the License Review Application for The New Inn (akaThe White
Lady), Front Street, Worstead, Norfolk NR28 9RW for your information.
If you have any queries regarding the application, please do not hesitate to contact the
Environmental Protection team of North Norfolk District Council on the details below.
Yours faithfully
Karen Baker
Senior Environmental Protection Officer
Tel 01263 516203
Email ep@north-norfolk.gov.uk
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Application for Review of Premises Licence
The New Inn
. (Otherwise known as The White Lady)
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NORTH
I NORFOLK
DISTRICT COUNCIL
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Licensing Team
North Norfolk District Council
Council Offices
Holt Road
Cromer
Norfolk
NR27 HEN
Reference number
lL.-l_off_i_ce_u_s_e_on_ly_}
1
Schedule 8
Application for the review of apremises licence or club premises cerU-ficate
under the Licensing Act 2003
~-------------------. . . . . . . .------~--
PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form.
If you are completing this form by hand please write legibly in block capitals. In all cases ensure that·
your answers are inside the boxes and written in black ink. Use additional sheets if necessary.
You may wish to keep a copy of the compl.eted form for your records.
The Environmental Protection Team of North Norfolk District Council apply for the review of a
premises licence under section 51 of the Licensing Act 2003 for the premises described in
Part 1 below
Part 1 - Premises or club premises details
Postal address of premises or club premises, or if none, ordnance survey map reference
or description
. New Inn (also known as The White Lady), Front Street, Worstead, Norfolk NR28 9RW
Post town
Post code (if known)
Worstead
NR289RW
Name' of premises licence holder or club holding club premises certificate (if known)
Mr Dennis Patrick Gilligan and Mr Mark Thompson
Number of premises licence or club premises certificate (if known)
LN/000003690
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Part 2 - AllJ)lica'nt details
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Please tick ;J
1)
An individual, body or business which is not a
responsible authority (please read guidance note 1)
D
o
2)
A responsible authority
3)
A member of the club to which this application
relates
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Please complete (A) or (B) below
Please complete (C) below'
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Please complete (A) below
I (A) DETAILS OF INDIVIDUAL APPLICANT (fill in as applicable)
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Please tick.L '
Mr
Mrs
Ms
Miss
Surname
Other title
(please state)
.....J
First names
Yes
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I am 18 years old or over
D
Current postal address if different from premises address
,
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Post Town:
Daytime contact telephone number
Postcode:
1_-----'----_­
.E-mail address (optional)
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I B DETAILS OF OTHER APPLICANT
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C DETAILS OF RESPONSIBLE AUTHORITY APPLICANT
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Name and address
Post Town:
Postcode:
Daytime contact telephone n~mber
1
E-mail address (optional)
Name and address
Environmental Protection Team
Environmental Health
North
Norfolk District Council
,
Holt Road
Cromer
Norfolk
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Post Town: Cro'mer
Postcode: NR27 9EN
0'
Daytime contact telephone number
01263516085
ep@north-norfolk.gov.uk
E-mail address (optional)
This application to review relates to the following licensing objective(s)
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Please tick one or more boxes-.J
1)
2)
3)
D
D
the prevention of crime and disorder
public safety
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the, prevention of public nuisance
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4)
D
the protection of children from harm'
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Please state the ground(s} for review (please read guidance note 2)
The Environmental Protection Team is applying for a review of the premises licence on the
grounds of prevention of public nuisance. This is largely due to the playing of external amplified
music to excessive levels, giving rise to statutory nuisance.
In the opinion of the Environmental Protection Team, action in the form of a Licensing Review is
required to ensure that appropriate measures are put in place to reduce the impact of external
amplified music events on local residents.
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Please provide as much information as. possible to support the application
(please read guidance note 3)
The New Inn (otherwise known as, and from now on referred to, as the White Lady) is situated on
Front Street, Worstead which is in the heart of the village. The premises is surrounded on two
sides by a number of residential properties. The rear boundary of the public house adjoins a
playing field on which Worstead Village Hall is located. The remaining side adjoins the church and
its grounds. An aerial view of The White Lady can be seen in Appendix 1 with The White Lady's
boundary defined. Appendix 2 shows a plan view of the area, with The White Lady's boundary
defined.
.
A land registry search of the propertyidentifies Dennis Patrick Gilligan as the proprietor (Appendix
3). The holders of the premises licence are Mr Dennis Patrick Gilligan and Mr Mark Thompson.
The designated Premises Supervisor is Mr Mark Thompson.
Environmental Protection's first complaints relating to noise from amplified music were received in
April 2013. A punk band was alleged to have been playing inside the pubs extension with noise
break out occurring when people exited the extension,onto the pubs rear decking. Music was
alleged to have been played throughout the afternoon and into the late evening, affecting the
complainant in their home and bedroom. The complainants were concerned that during the
summer months, doors and windows would be left open and noise from' the pub would be
intrusive.
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A visit was carried out to the premises by an Environmental Protection Officer and a Licensing
Officer on 16th April 2013. Mr Gilligan and Mr Thompson were informed of the complaint and the
. complainants concerns. Mr Gilligan relayed to the officers that he had received several malicious
complaints and was worried that we were taking the complaints too seriously. The officers
explained the investigation process and noise nuisance.
In July 2013 a series of complaints were received through North Norfolk District Council's out of
hours service, from three separate nearby properties. The complaints were in relation to a three
day, live 'music event that was taking place in conjunction with a beer festival. Noise from live
music and recorded music within the rear garden of The White Lady was said to be affecting
nearby residents. Music was clearly audible over the telephone during one of the conversations to
the out of hours officer and two phone calls were made to Mr Thompson to request that the music
be turned down.
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In March 2014 concern was raised by a nearby resident that a weekend music festival was being
planned by the White Lady. The complainant informed an officer that noise during such events
had had such an impact that it was necessary to go away as a result. Two complaints were
received, after the event,relating to noise from external amplified music over a three day period,
These came from two separate properties. Environmental Protection did not attend on this
occasion.
On 23rd July 2014 a telephone call was made to Mr Gilligan to discuss an advertised festival
weekend. Mr Gilligan informed the officer that live music was planned for 25th July 2014 18:30­
23:00, 26th JUly 2014 13:00-23:00 (a Punk band) and 27th July 2014 13:00- 22:30/23:00. Mr
Gilligan was asked to make regular checks. on boundary noise levels, bearing in mind that
. previous events had led to complaints being made. An unannounced visit was made to the area'
by an Environmental Protection Officer on 26th July 2014 between 19:00 and 20:13. Levels of
music from a punk band were witnessed that would be likely to constitute a statutory noise
nuisance if they were witnessed on a complainants property. On this particular occasion, the
complainant closest to the music had gone away for the weekend so as not to ~e impacted by the.
noise.
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In anticipation of potential noise issues from an advertised three day music festival known as
Titchfest, an arranged visit was made to The White Lady by an Environmental Protection Officer
'land a Licensing Officer on 18th June 2015. Officers met with Mr Gilligan, Mr Thompson and Mr
Paul Titch (the sound contractor.) Officers were shown the location of the marquee in the pub
garden and were told that music would 'finish at 23:15. All those present were informed of the
importance of keeping the noise levels under control, carrying out boundary noise level checks
to ensure that they were not excessive and finishing at the advertised time.
A visit to the area was made on the evening of the 19th June 2015 and 20 th June 2015 by an
Environmental Protection Officer and a Licensing Officer. On both occasions noise levels that
would amoLlnt to a statutory noise nuisance were witnessed adjacent to a complainant's
property with lyrics clearly audible and bass levels particularly intrusive. The music being played
was heavy rock. On the1g th June 2015 the music was heard to "finish at 23:45, 30mins after the
,agreed finish time. On 20th June 2015, the music was heara to finish at 23:25, 10 mins after the
agreed finish time. In addition to this foul language was heard over the microphone. The
,Environmental Protection Officers pocket note book entries for both evenings can be seen in
Appendix 4.
Following this weekend, complaints were received from 3 separate premises relating to
unacceptable levels of noise. One of the complainants lives approximately 150 yards from the'
property and reported not being able to have a conversation with his wife in their garden.
As a result of the monitoring and concern over the Qwner'sinability to control noise levels from
external amplified music events, a noise abatement notice was served on Mr Gilligan and Mr
Thompson on 9thJuly 2015 (Appendix 5.) This prohibited the use of external amplified music at
The White Lady.
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With clear implications for future planned events at The White Lady, a meeting was set up at the
council offices on 13th July 2015 with Mr Gilligan, Mr Thompson and Environmental Protection
Officers. This resulted in agreeing to allow an event that had been planned over the Worstead
Festival weekend and two weddings that had been booked in, to go ahead. T~lis waS given as
an opportunity for Mr Gilligan to show that he could control noise levels from the premises.
, Officers were informed that the volume of the music could be adequately controlled by specific
equipment being used on these occasions. It was also agreed that Environmental Protection
would have presence to give advice and monitor over the Worstead Festival weekend event. '
a
Despite assurances that the music levels could be controlled by noise limiting eqUipment, a visit
on the 24th July 2015 by Environmental Protection Officers idenHfied that the equipment did not
adequately control, the noise levels. A, visit. by a second officer' on 25th JuIy 201 5 fu rther .
confirmed that noise levels couid not adequately be controlled. Levels of noise witnessed at the )
boundary and complainant's premises were still found to be excessive. The officers pocket note
book entries can be seen in Appendix 6. Complaints were received from two separate premises
over the festival weekend.
In total; Environmental Protection have received complaints of loud music from 7 separate
households. Appendix 7 shows a simplified table of some of the complaints received.
Complainants have talked about not being able to enjoy their property, including their garden,
when an external music event is ongoing. One of the worst affected households regularly has to
, leave the house to avoid the intrusive nature of the noise, which is often heavy rock music. This
has had a financial implication on the individual and is not a sustainable solution. Lyrics to songs'
and heavy bass can clearly be heard within the complainant's property and this has restricted
what the occupants can do, when an external event is going on, including going to bed.
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You should also be aware that a complaint of loud music from live bands playing inside The
White Lady has more recently been received. Whilst an Environmental Protection Officer has
,witnessed a short period of intrusive music from inside the complainant's property, more
investigation is required to establish whether a statutory noise nuisance could occur from regular
internal amplified music. This investigation is therefore ongoing.
Discussions held with those most affected have identified the possibility of some compromise. In
principle, if hours were reduced as well as noise levels, then allowing one external amplified
music event a year (to coincide with the Worstead Festival) and a number of weddings would be
acceptable.
It is the opinion of the Environmental Protection Team that The White Lady as a venue for
multiple external live music events is unsuitable and their uncontrolled continuation would cause
a significant public health nuisance. Based on the evidence provided above, the Environmental
Protection Team would invite the Licensing Sub-Committee to consider the following measures
to help ensure that the premises meets its licensing' objectives and prevents further issues from
affecting the local community:­
•
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Worstead Festival Weekend
19:00 - 22:00
External amplified music to be permitted Friday:
Saturday: 17:00 - 22:00
Sunday: 16:00 - 21 :00
Weddings/Celebrations
External, recorded, amplified music to" be permitted for no more than four
weddings/celebrations in any calendar year. No external amplified live music to be
permitted during these 'weddings/celebrations. The, playing of recorded, amplified, music
not to exceed four hours in total. Finish time not to exceed 23:00.
•
Other Events
No other external amplified music events to be permitted.
•
Other conditions
No external amplified music events/weddings/celebrations to occur on consecutive
weekends.
•
Internal Music
We would request that consideration of the effects of internal music on nearby residents
is also considered and will update the committee as soon as further monitoring has taken
place.
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Please tick ..J
YesHave you made an application for review relating to this premise before?
Day
If yes please state the date of that application
N/A.
0­
N/A.
Month
Year
r----r----.-,------r--r-----r----.-----,
If you have made representations before relating to the premises please state what they
were and when you made them
N/A ­
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CHECKLIST
•
Please tick -V Yes
I have sent copies of this forrn and enclosures to the responsible authorities and the p"remises
[i]
licence holder or club holding the club premises certificate, as appropriate...
•
I understand that if I do not comply with the above requirements my application
~
will be rejected
~
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'~:.(~d~L~~~:&~~~b~~J~5,~'~·'~~~!tM~~s~Za~i~~~f3~<&~;~~;~;~~H
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1 ,INOR IN,CONNECIIONWITH''l:HISARPLICATION<,',I' ....
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Please read guidance note 4
Signature of applicant or applicant's solicitor or other duly authorised agent. (See guidance
note 5) If signing on behalf of the applicant please state in what capacity.
Signature
.
&-f:'t'~E.~
k..A;a,-eN
:
,
:
Date :
;
.
.
Capacity: Senior Environmental Health Officer·
Contact name (where not previously given) and address for \correspondence associated with
this application (please read guidance note 6)
.
Environmental Protection
North Norfolk District Council
Council Offices
Holt Road
Cromer
Post Town: Cromer
\
Postcode: NR27 9EN
Telephone number (if any) 01263 516203
If you would prefer us to correspond with you using e-mail your e-mail address(optional)
ep@north-norfolk .gov.uk
Notes for Guidance
6.
I
A responsible authority includes the local police, fire and rescue authority and other
statutory bodies which exercise specific functions in the local 'area.
The ground(s) for review must be based on one of the licensing objectives.
Please list any ~dditional information or details for example dates of problems which
.
are included in the grounds for review if available.
The application form must be signed.
An applicant's agent (for example Solicitor) fllay sign the form on their behalf provided
that they have actual authority to do so.
This is the address which we shall use to correspond with you about this application.
Licensing Sub-Committee
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Appendix·1 (
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'...
- -- - - - -- - - - - - - - - - - - - -
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+USERID+
© Crown Copyright
and database right
2015
North Norfolk District Council
Council Offices, Holt Road,
Cromer,Norfolk, NR27 9EN
Tel: 01263 513811
Fax: 01263515042
www.northnorfolk.org
NORTH
NORFOLK
DISTRIOT COU .. OIL
Licensing Sub-Committee
115
Ordnance Survey
100018623
Aerial Photos
©Getmapping pic
20 January 2016
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ppendix 2 .
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116
20 January 2016
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West Way
o
+TIMEDATE+
North Norfolk District Council
Council Offlcas, Holt Road,
Cromer,Norfolk, NR27 9EN
NORY
Tel: 01263 513811
Fax: 01263 515042
NORFOL
DISTRIOT OOU"Cll
Licensing Sub-Committee
www.northnorfolk.org
117
Aerial Photos
©Getmapping pic
20 January 2016
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Appendix 3,
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118
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•
Land Registry
This official copy shows the entries on the register of title on
18 NOV 2015 at 10:35:05.
This date must be quoted as the "search from date" in any
official search application based on this copy.
The date at the beginning of an entry is the date on which
the, entry was made in the register.
Issued on 18 Nov 2015.
Under s.67 of the Land Registration Act 2002, this copy is
admissible in evidence to the same extent as the original.
This title .is dealt with by Land Registry, Kingston Upon Hull
Office.
A: Property Register
This register describes the land and estate comprised in the title.
NORFOLK : NORTH. NORFOLK
1
(26.05.1992) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being New Inn, Front Street,
Worstead (NR28 9RW).·
2
(17.09.2002) The extent of the frontage on to Front Street has been
amended on replacement of the filed plan.
3
(17.09.2002t The land has the benefit of the rights granted by a Deed
of Grant'dated 31 December 1829 made between (1) William Postle and (2)
Robert Hawes..
NOTE: Original filed.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains
any entries that affect the right of disposal.
.
Title absolute
1
(05 .. 08.2011) PROPRIETOR: DENNIS PATRICK GILLIGAN of Churchview House,
Westwick Road, Worstead, North Walsham, Norfolk NR28 9SD.
.
2
(05.08.2011) A Transfer' dated 1 August 2005 made between (1) Punch
Taverns (CPM) Limited and (2) Punch Taverns (PML) Limited contains
purchaser's personal covenant(s) details of which are set out'in the
schedule of personal covenants hereto.
The Transfer to the present proprietor contains a covenant to observe
and perform the aforesaid covenant(s) and of indemnity in respect
thereof.
3
(05.08.2011) The price stated to have. been paid on 30 June 2011 was
235,000.
4
(05.08.2011) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
Licensing Sub-Committee
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20 January 2016
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Title number NK124236
B: Proprietorship Register continued
and of indemnity in respect thereof.
C: Charges Register
This register contains any charges and other matters that affect the land.
1
(17.09.2002) The land hatched blue on the filed plan is subject to
rights of way and rights to park in favour of Jean's Cottage.
2
(17.09.2002) The land tinted yellow on the filed plan is sUbject to
rights of way in favour ~f Jean's Cottage.
End of register
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These are the notes referred to on the following official copy
The electronic official copy of the title plan follows this message.
Please note that this is the only official copy we will issue. We will not issue a paper official copy.
This official copy was delivered electronically and when printed will not be to scale. You can obtain a paper.
official copy by ordering one from Land Registry.
This official copy is issued on 18 November 2015 shows the state of this title plan on 18 November 2015 at
10:35:05. It ,is admissible in evidence to the same extent as the original (s.67 Land Registration Act 2002).
This title plan shows the general position, not the exact,line, of the boundaries. It may be subject to distortions
in scale. Measurements scaled from this plan may not match measurements between the same points on the
ground.
This title is dealt with by the Land Registry, Kingston Upon Hull Office.
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Land Registry
Official copy of
title plan
Title number NK124236
Ordnance Survey map reference TG3026SW
Scale 1:1250 enlarged from 1:2500
Administrative area Norfolk: North Norfolk
~
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Licensing Sub-Committee
122
This official copy is incomplete without the preceding notes page.
20 January 2016
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Appendix 4
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obtaining· evidence which may:.be given to a court II)
pros!!lcutibn. He need not, therefore, be cautioned if
questions are put for other purposes; for example, .
·NORTH .
NORFOLK
. DISTRICT COUNCil
to,establlsh hiS identity. his oWnership of,or
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(pal'a ~10~:t Cpde of Pracfice C, Police and Crimih~1
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court. ~nything you do say ~ay be given in
eVidence." (para 10.4 Code of Practice C. polIce
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IN\'ESTOR LN. PEOPLE
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132
20 January 2016
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136
20 January 2016
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Appendix 5 .
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I .
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Licensing Sub-Committee
137
20 January 2016
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NORTH NORFOLK DISTRICT COUNCil
HOLT ROAD CROIVIER NORFOLK NR27 9EN
Telephone 01263 513811
. Fax01263515042
NORTH
NORfOLK
DISTRICT COUNCil
www.northnorfolk.org
Your ref:
Our ref:
KBIWK/150013350
9th July 2015
Mr Mark Thompson
New Inn (also known as The White Lady)
Front Street .
Worstead
Norfolk
NR289RW
Dear Mr Thompson
Environmental Protection Act 1990 Section 79 (1) (9) and Section 80
Be:
Noise from amplified music
.
Address: New Inn, (also known as The White Lady), Front Street, Worstead,
Norfolk NR28 9RW
.
THIS LETTER IS FOR INFORMATION ONLY AND DOES NOT FORM PART OF
THE ENCLOSED NOTICE
I write to inform you that I am satisfied of the likely occurrence of a statutory nuisance
from noise from amplified music, at the above premises.
As such, and in line with the Council's Enforcement Policy, I have enclosed· a
Statutory Notice requiring you to prohibit the use of amplified music in the area
marked with red hatching on the enclosed map. I would advise you to read the notice
carefully, in particular the section outlining what the Council expects and the time
period allowed for compliance. You should also be aware that there is an Appeal
Procedure, which is outlined. in the notes on the reverse of the Notice..
Failure to comply with the reqUirements of the Notice will lead to legal proceedings
being instigated against you. Upon conviction you are liable to an unlimited fine. The
Council may also undertake seizure of equipment and will seek to recover any costs
incurred as a result.
If you have not already done so, I would strongly recommend that you seek
independent legal advice in this matter. Should either you or your legal representative
wish to discuss this matter please contact me at the above address quoting reference
number WK/150013350.
Thank you for your co-operation in this matter.
. Yours sincerely
."
:,""
-...........
... - .. - ...-----......l.
James Wilson
Environmental Protection Manager
Tel 01263 516274
\
Email ep@north-norfolk.gov.uk
Licensing Sub-Committee
138
20INVESTOR
January
2016
IN PEOPLE
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Reference:
WK/150013350
ENVIRONMENTAL PROTECTION ACT 1990
Section 80
Abatement Notice in Respect of Statutory Nuisance
Mr Mark Thom'pson
New Inn (also known as The White Lady)
Front Street
Worstead
Norfolk
NR289RW
To:
TAKE, NOTICE that under the provisions of the Environmental Protection Act 1990 the North Norfolk District
Council being satisfied of the ,likely occurrence of a statutory nuisance under section 79(1) (g) of the Act at the
, "
premises known as
New Inn (also known as The White Lady), Front Street, Worstead, Norfolk, NR28 9RW
within the District of the said Council arising from noise from the playing of amplified music at excessive
, volume
What you are required to do: YOU being the. occupier of the premises, are prohibited from causing,
permitting or otherwise allowing the occurrence of the nuisance.
'
The following steps are required: You must not cause, permit or allow the playing or performance of
amplified music, in the area marked with red hatching, on the attached plan (Reference EP1)
Time for compliance: From the date of service of this notice
I
liN
I
Paragraph (2) of RegUlation 3 of The Statutory Nuisance (Appeals) Regulations, 1995, .applies and as a
consequence:
the event of an appeal this notice shall NOT be suspended until the appeal has been abandoned or decided by
the Court, as, in the opinion of the Council, the expenditure which would be incurred by any person in carrying out
wor~s in co~pliance w!th' thi~ notice. ~efore any appeal h~s been decided would not be disproportionate to the
'
public benefIt to ~be expected In that penod from such compliance.
'I
I
I
I
,
IF without reasonable excuse you contravene or fail to comply with any requirement of this notice you will be guilty
of an offence under section 80(4) of the Environmental Protection Act 1990, and on summary conviction will be
liable to a fine not exceeding level 5 on the Standard Scale, together with a further fine of an amount equal to one
tenth of the greater of £5000 or level 4 on the standard scale for each day on which the offence continues after
conviction. A person who commits an offence on industrial, trade or business premises will be liable. on summary
conviction to an unlimited f i n e . ,
' .
'
The Council may also take proceedings in the High Court for securing the abatement, prohibition or restriction of the
nuisance. Further, if you fail to execute all or any of the works in accordance with this notice, the Council may
,
.
execute the works and recover from you the necessary expenditure incurred.
9th July 2015
Dated"
.~~~-:-"
P
, -'Srg6ed
I
I
•
,- ,::...::~'~---~
",>=:=::: --~
?~-''James Wilson
Environmental Protection Manager
Address to which all communications should be s e n t : ,
,
Head of Environmental Health - Steve Hems North Norfolk District Council, Holt Road, Cromer, Norfolk, NR27 9EN
I
•
.
Your right to a p p e a l '
,
'
,
,
,
The person served with this notice may appeal against tile notice to a Magistrates' Court within twenty-one' days
the date
of service of the notice. , See notes139
on the reverse of this form,
.
beginning with
Licensing
Sub-Committee
20 January 2016
- - - - - - - _. - - - - - - - - - - - - -
I
i Ref EP1
I New Inn (also know as The White Lady)
NORTH ~
NORFOLK
I
I
© Crown Copyright
Front Street
Worstead
Norfolk. NR28 9RW
oln.,eT COUNCil I
Licensing Sub-Committee
140
09/07/15
an<:! database fight
North Norfolk District COUIJ(;'
CouneY Offices. Holt Road.
Cromer.Norlolk. NR27 9EN'
Tel: 01263 513811
Fax: 01263 515042
www.northnorfolk.or,9
Ordnance Survey
2012.
100018-623
Aerial Photos
©Getmapping pic
20 January 2016
I
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I
I
I
I
f~ORTH NORFOLK DISTRICT COUNCIL
Hal T ROAD CROMER NORFOLK NR27 9EN
Telephone 01263 513811
Fax 01263 515042
~ORT~
www.northnorfolk:org
Your ref:
Our ref:
U\lIORHJUK
DISTRICT COUI'left
KB;WK/1500133549
9th July 2015
Mr Dennis Gilligan
New Inn (also known as The White Lady)
Front Street
Worstead'
Norfolk,
NR289RW
, Dear Mr Gilligan
Environmental Protection Act 1990 Section 79 (1) (g) and Section 80
Re:
Noise from amplified music
'
Address:' New Inn, (also known as TIl~ Whfte La.dy)" Front Street., WorsteadJ.
Norfofk NR28 SRW
THIS lETTER VS FOR !NFORMAT~ON ONLY AND DOES NOT FOBM PART OF
THE ENClOSED'NOTtCE
I write to inform you that I am satis'fied of the likely occurrence of a statutory nuisance
from noise from amplified music, at the above premises.
As such, and in line with the Council's Enforcement Policy, I have enclosed a
Statutory Notice, requiring you to prollibit the use of amplified music in the area
marked with red ha\ching on the attached map. I would advise you to read the notice
carefully, in particular the section outlining what the Council expects and the time
period allowed for cornpliance. You should also be aware that there is an Appeal
Procedure,which ~s outlined in the notes on the reverse of the Notice.
Failure to COlli ply with the requirements of the Notice will lead to legal proceedings
being instigated against you. UponconvicHon you are tiable to an unlimited fine. The
Council may also undertake seizure of equipment and wfll seek to recover 8_ny costs
incurred as a result.
If you have not aiready done so, I would .strong!y recornrnend lhsJ you seek
independent legal advice in this matter. Should either you or your legal representative'
, wish to discuss this matter please contact me at the a!)ove address quoting reference
number WK/150013349.
, Thank you for your co-operation in this matter. _
Yours sincerely
~-'
~~
­
....
..-._;.---.
-.'.. -.~~.:~=~-~
Janles Wilson
£/"Environmental Protection Manager'
Tel 01263 516274
Email ep@north-norfolk.gov.uk
Licensing Sub-Committee
141
20INVESTOR
January
2016
IN PEOPLE
•
I
I
I
I
Reference:
ENVIRONMIENTAL PROTECTION ACT 1990
Section 80
Abatement Notice in Respect of Statutory Nuisance
To:
,
I
I
I
WK/150013349
Mr Dennis Patrick Gilligan
New Inn (otherwise known as The White Lady)
Front Street
Worstead
Norfolk
NR289RW
TAKE NOTICE that under the provisions of the Environmental Protection Act 1990" the North Norfolk District
, Council being' satisfied of the likely occurrence of a statutory nuisance under section 79(1) (g) of the Act at the
premises known as ' .
'
.
New Inn (also known as The White Lady), Front Street, Worstead, Norfolk, NR28 9RW
within the District ofth~ said Council arising from noise from the playing of amplified music at excessive volume
What you are required to do: YOU being the owner of the premises, are prohibited from causing, permitting or
otherwise allowing the occurrence of the nuisance.
I
I
Time for compliance: From the date' of service of this notice
I
Paragraph (~) of Regulation 3 of The Statutory Nuisance (Appeals) Regulations i 995, applies and as a
consequence.
'
"
.
I
The following steps are required: You must not cause, permit or allow the playing or performance of amplified
music, in the area marked with red hatching, on the atta.ched plan (Reference EP1)
IN the event of an appeal this notice shall NOT be suspended until the appeal has been abandoned or decided by
the Court, as, in the opinion of the Council, the expenditure which vVouldbe incurred by any person in carrying out
works in compliance with this. notice before any appeal has been decided would not be disproportionate to the
public benefit to be expected in that period from such compliance
"
'I'IF without reasonable excuse you contravene or fail to comply with any requirement of this notice you will be gUilty
of an offence under section 80(4) of the Environmental Protection Act 1990, and on summary conviction will be
liable to a fine not exceeding level 5 on the Standard Scale, tog E3 ther with a further fine of an amount equal to one
tenth of the greater of £5000 or level 4 on the standard scale for each day on which the offence continues after
I
conviction. A person who commits an offence on industrial, trade or business premises will be liable on summary
conviction to an unlimited fine."
.
'
I
I
abatement~
The Council may also take proceeDings in the High Court for securing the
prohibition or restrictioil of the
nuisance. Further, if you fail to ~xecute all or any of the works in accordance with this notice, the Council may
execute the works and recover from you the necessary expenditure incurred,
'.
'
9th July 2015
Dated
I Signed~._;_._(-1
I
I
I
-~ ..
- '"_._~-::.~~.:.::.::-~ .. ~~..:-:::~-~~-
_,
.~;,~
L':"'/'-'James Wilson
Environmental Protection Manager
Address to which all communications should be sent:
Head of Environmental Health - Steve Hems North Norfolk District CounCil, Holt Road, Cromer, Norfolk, NR27 9EN
I
Your right to appeal
.
The person served with this notice may appeal against the notice to a Magistrates'Court within twenty-one days
Licensing
Sub-Committee
20 ,January 2016
beginning with
the date
of service of the notice. See notes142
on the reverse of this form.
i
'
J
_
Crown Copyright
nd daiabase :right
2012
Ordnance Survey
@
Not", Norfolk District Council
Councn Offices. Holt Road.
CromIilT.Norfolk. NR2711EH
Tel: 01263 513811
Fax: 01263515042
www.norttmorrolk.org
Licensing Sub-Committee
143
100018623
Aerial Photos
tmapping pic
20 January 2016
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Appendix 6 .
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Appendix 7
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152
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Date
6/4/13
26/7/13
27/7/13
Complaints received
Complaints received from 2 properties
Event
Punk Band
Started afternoon and went
onto 11:15pm
. Beer Festival live music
Complaints received from 2 properties. Out of Hours
Beer Festival live Music
-
Complaint received from 1 property. Out of Hours
I
28/7/13
Beer festival live music
Complaint received from 1 property. Out of Hours
6/5/14
3 day music event in marquee
26/7/14
Festival weekend
Punk bands
Wedding in marquee
1pm - midnight
Weekend music event
Complaints received from 2 properties relating to the
previous weekend. Out of Hours
Complainant from 1 property
13/6/15
19/6/15
20/6/15
21/6/15
Complaint received from 1 property
Complaints received from 3 properties
\
\.
26/7/15
27/7/15
28/7/15
·5/9/15
9/9/15
Weekend music event
Complaint received from 2 properties
Internal music
Internal music
6/9/15
7/11/15
Internal music
Internal music
Complaint received from 1 property
Complaint received from 1 property relating toa number
of internal live music evenings
Complaint received from 1 complainant·
Complaint received from 1 complainant
Note: Above complaints have been received from 7 different house-holds.
Licensing Sub-Committee
153
20 January 2016
Appendix B – Representations from Responsible Authorities
WK/150030136
Licensing Sub-Committee
154
APPENDIX O
20 January 2016
Appendix B – Representations from Responsible Authorities
NORFOLK FIRE & RESCUE SERVICE
Group Manager Eastern
Friars Lane
GREAT YARMOUTH, NR30 2RP
Tel: (01493) 843212
Minicom: (01603) 223833
Website: www.norfolkfireservice.gov.uk
Licensing Authority
North Norfolk District Council
Council Offices, Holt Road
Cromer
Norfolk
NR27 9EN
Please ask for:
Direct Dial:
Email:
My Ref:
Your Ref:
Malcolm Fram
0300 123 1375
malcolm.fram@fire.norfolk.gov.uk
00009821
25 November 2015
Dear Sir/Madam
The Regulatory Reform (Fire Safety) Order 2005
With reference to – Licensing Act 2003
Premises:
The New Inn, Front Street, Worstead NR28 9RW
I acknowledge receipt of the application for the above premises.
As these premises fall within the scope of the Regulatory Reform (Fire Safety) Order 2005, I would
like to draw your attention to the following guidance documents:
Small and Medium Places of Assembly: This guide is for all employers, managers, occupiers, and
owners of small (accommodating up to 60 people) and medium (accommodating up to 300 people)
places of assembly including:
Public houses; Clubs; Village halls; Community centres; Libraries; Marquees; Churches; and other
places of worship or study. ISBN 13: 978 1 85112 820 4
Large Places of Assembly: This guide is for all employers, managers, occupiers, and owners of larger
premises where more than 300 people could gather including: Shopping Centres (not the individual
shop unit), Night Clubs and Public Houses, Exhibition and Conference Centres, Sports Stadia,
Marquees, Museums, Libraries, Churches, Cathedrals and other places of worship or study. ISBN 13:
978 1 85112 821 1
Both of these publications are available to download from;
www.norfolkfireservice.gov.uk/nfrs/prevention/fire-safety-regulations/38-fire-risk-assessmentguides
It is necessary where material alterations are proposed to comply with the Building Regulations
2000. In this case an application must be submitted to the Local Building Control Authority or an
Approved Inspector.
WK/150030136
Licensing Sub-Committee
155
20 January 2016
Appendix B – Representations from Responsible Authorities
Should you require any further assistance please do not hesitate to contact me on the number
shown above.
Yours faithfully
Malcolm Fram
Fire Safety Officer
For Chief Officer
c.c. The New Inn, Front Street, Worstead, Norfolk NR28 9RW
WK/150030136
Licensing Sub-Committee
156
20 January 2016
Appendix B – Representations from Responsible Authorities
WK/150030136
Licensing Sub-Committee
157
20 January 2016
Appendix B – Representations from Responsible Authorities
WK/150030136
Licensing Sub-Committee
158
20 January 2016
Appendix B – Representations from Responsible Authorities
Public Health Directorate
County Hall
Martineau Lane
Norwich
Norfolk
NR1 2UD
Tel: 0344 800 8020
Customer service helpline
Email: daat.info@norfolk.gov.uk
www.norfolk.gov.uk
9th December 2015
Licensing Manager – Lara Clare
North Norfolk District Council
Holt Road
Cromer
NR27 9EN
Re: Review of Premises Licence – The New Inn (known at the White Lady)
Public Health have received a copy of the application to review the premises licence for The New
Inn.
The reason for the review is due to the management persistently falling short of the licensing
objective despite advice and assistance from the Licensing Authority.
Public health fully support this review application and believe that the measures proposed are
appropriate and fair. There is clear evidence that this premises undermines the licensing objective
of public nuisance.
The local authority have received a large number of calls from members of the public complaining
about noise and rowdy behaviour emanating from the premises for a number of years and local
officers have been attempting to assist with resolving problems by engaging with residents and
having meetings with the management of the venue.
We have seen and read a copy of a chronology detailing the concerns and complaints written by the
local authority environmental protection team.
In additional to the lack of control of noise and music, it is clear from the reports that the
management have been weak in monitoring and adhering to advice despite many visits by officers
and going over their finishing time late into the evening on a number of occasions.
Antisocial behaviour in the form of noise is an important issue for public health. “It is recognised that
noise exposure can cause annoyance and sleep disturbance both of which impact on quality of life. It
is also agreed by many experts that annoyance and sleep disturbance can give rise to adverse health
effects.”
DEFRA Noise Policy Statement for England
WK/150030136
Licensing Sub-Committee
159
20 January 2016
Appendix B – Representations from Responsible Authorities
Page 2
Complaints about noise is recognised as one of the wider determinants of health in the Public Health
Outcomes Framework.
In Norfolk in 2013/14 there were 5,688 complaints about Noise. This means there are 6.5 complaint
per 1,000 residents in Norfolk, lower than the national average of 7.5 per 1,000.
Figures from The Chartered Institute of Environmental Health (CIEH)
There has been many attempts from the Licensing Authority attempting to give the
management the opportunity to improve the running of the venue prior to this review,
specifically the intervention meeting in July 2015, however it seems that there has been no
improvement seen.
Therefore I hope the Licensing Committee take the comments from Public Health into
consideration when making their decision.
Yours sincerely
Carol Doherty
Public Health DAAT
WK/150030136
Licensing Sub-Committee
160
20 January 2016
APPENDIX P
Page 1 of 2
Statement of Witness
(CJ Act 1967, 5.9; MC Act 1980,55 5A(3) AND 58; Me Rules 1981, r.70)
STATEMENT OF Rose Mary Pacey
Age of Witness:
Age (or Over 21)
.Occupation of Witness:
Retired
This statement (consisting of 2 sides each signed by me) is true to the best of my
knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall
be liable to prosecution if I have wilfully stated in it anything which I know to be false
or do not believe it to be true.
Dated the.
Signed:
My name is Rose Mary Pacey. I live at
Since Mr Gilligan took over The White Lady Pub and began to renovate the pub, .
there have been regular problems with noise from music, which has affected me in my
home as well as odour from the extraction unit, that has been fitted to his kitchen,
which I can regularly smell in my garden. My garden shares a boundary with the pub,
. so -any noise-from the pub garden- can -easily be heard"
in- mine. -I
have used my ­
outside space to construct an art studio and I spend a lot of my time there. I am in
poor health and when the music is loud it· can make me very unwell. Noise from
various events over the past few years have really affected me in my house. and
. garden. Mr Gilligan seems to be increasing the number of events he has outside and.
regularly uses a marquee which is set up very close to my home. I began to really
dread the noise from events to such an extent that last year I put my caravan at a park
in Wells and kept it there, so that I could escape when I needed to. Last year, during
the preparations for Titchfest, I started to have the usual feelings of dread and
arranged to go away for the weekend knowing that if I stayed I would not be able to go
outside or open my doors and windows. Because of my poor health I would be
trapped in my home, as my medication does not allow me to drive. I am reliant on a
friend to drive me to places. When the music from the festivals start you can feel the
noise radiating throughout your body, it is so loud. You cannot even talk. When The
White Lady has outside music events the daytimes are bad enough, but the evenings
have historically been really noisy. When I have stayed at home I cannot get to sleep,
Signature Witnessed By:
Signature:
Licensing Sub-Committee
.J \ s1'
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d.O{~
161
20 January 2016
Page 2 of 2
Continuation of Statement for:
I cannot read, .1 cannot go outside to do my art and I cannot watch TV. I cannot get
· away from it. I feel that Mr Gilligan· has no regard for residents and our feelings: It's
such a shame as people would like to use the pub and its facilities· as we have no
shop in the village. Since Mr Gilligan has taken over it's as if the pubs use has
exploded. At times the noise has made me want to move away. This year I put my .
caravan at another site. It was a desperate measure to get ayvay, as I couldn't really
afford it and put myself in debt to fund it. I could not face having to stay at home
during future events. The week before Titchfest I becarT!e aware of a function in the·
afternoon on the Saturday, which was outside in the pubs marquee. The noise from
the people gradually got 10Lider over the course of the day. When the music started it
could clearly be heard in my house. I left that afternoon to go to my caravan, to
escape the noise, but came back that night to sleep. The music was still on when I got
back in the evening and I couldn't go to bed until it had stopped, which was late. The
noise from the music was so loud I could hear the words of the songs inside my house
with the doors and windows closed. I think it was a live band and disco. Over the
Titchfest weekend this year, when the noise became too much I went to my caravan
but returned to my house to sleep. When I got back on the Friday night the music was :
·still going and was. really loud and excessive. I think it went off about 11 :30pm to
11 :45 pm. The music was also still on when I returned home on the Saturday night to
sleep. Again I had to wait until it was over to go to bed. On Sunday when I returned
from my caravan it was also very loud but it finished a bit earlier around.1 0:00pm ­
10:30pm. The music itself was extremely heavy at times. Over the Titchfest weekend I
attempted to contract NNDC's out of hours service on a number of occasions but
could ·not get to speak to anyone. In the past I have approached Mr Gilligan to tell him
\
that that the noise was getting worse but I do not believe that he cares. He does not.
seem to control the functions at his pub to keep the noise to a reasonable level. I
believe that he does not care about his community. I should not have to leave my
home regardless of whether I have good or bad health. If this was my home I would
· have sold up
a long time ago. I want the invasion of my home to stop.
Signature Witnessed By:
Signature:
Licensing
Sub-Committee
~rs-rj)~-C
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162
20 January 2016
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