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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
NR279EN
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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
D
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
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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
Daytime contact telephone number
01263516085
E-mail address (optional)
ep@north-norfolk.gov.uk
This application to review relates to the following licensing objective(s)
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Postcode: NR27 9EN
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Please tick one or more boxes-.J
1)
2)
3)
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the prevention of crime and disorder
public safety
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the, prevention of public nuisance
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4)
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.
.
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:­
•
•
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.
Month
0­
N/A.
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
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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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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
.
k..A;a,-eN
Date :
&-f:'t'~E.~
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.
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.
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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.
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Appendix·1 (
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+USERID+
© Crown Copyright
and database right
2015
NORTH
NORFOLK
DISTRIOT COU .. OIL
North Norfolk District Council
Council Offices, Holt Road,
Cromer,Norfolk, NR27 9EN
Tel: 01263 513811
Fax: 01263515042
www.northnorfolk.org
Ordnance Survey
100018623
Aerial Photos
©Getmapping pic
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ppendix 2 .
-
--
- - - -'N'
(
West Way
o
+TIMEDATE+
NORY
NORFOL
DISTRIOT OOU"Cll
North Norfolk District Council
Council Offlcas, Holt Road,
Cromer,Norfolk, NR27 9EN
Tel: 01263 513811
Fax: 01263 515042
www.northnorfolk.org
Aerial Photos
©Getmapping pic
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Appendix 3,
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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
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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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St Mary's
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Hall
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This official copy is incomplete without the preceding notes page.
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Appendix 4
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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
INVESTOR 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
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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
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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
.
beginning with the date of service of the notice. , See notes on the reverse of this form,
- - - - - - - _. - - - - - - - - - - - - -
I
i Ref EP1
I New Inn (also know as The White Lady)
NORTH ~
NORFOLK
I
I
oln.,eT COUNCil I
Front Street
Worstead
Norfolk. NR28 9RW
© Crown Copyright
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
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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
INVESTOR IN PEOPLE
•
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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
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-~ ..
- '"_._~-::.~~.:.::.::-~ .. ~~..:-:::~-~~-
_,
.~;,~
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
beginning with the date of service of the notice. See notes 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
100018623
Aerial Photos
tmapping pic
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Appendix 6 .
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Appendix 7
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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.