Agenda item

On the evidence before it, having considered all the circumstances, the Sub- Committeegrants theapplication for aPremises Licenceas appliedfor together with the conditions that the applicant has offered up through the Operating Schedule in SectionM of theapplication, withthe exceptionthat conditions 6and 7will bereplaced bya new condition -

A Noise ManagementPlan will becreated bythe applicantand approved by the Council and should include matters that are set out in the proposed condition 6 and 7.

The Licensing and Business Support Officer presented his report and highlighted:

An application was submitted for the grant of a premises licence by Street Football Club Committee, on 09th February2024. Dueto errorswith thesite notice,the applicationperiod restarted on 15th February 2024. The application was at Appendix 1, the plan atAppendix 2and proposedconditions fromthe operatingschedule was at Appendix 3 of the agenda papers. The application was for the sale by retail of alcohol, the provision of regulated entertainment and the provision of late-night refreshment.

The football club held a current club certificate, but the applicant wished to obtain a premises licence, to allow for greater flexibility with the premises. A comparison between thecurrent certificateand thenew applicationis below. Thecurrent licence was at Appendix 4 of the agenda papers.

The Licensing Officer explained that a premises certificate was used for a club with private membership only whereas a premises licence was used for the general public.

ProposedLicensable Activities– PremisesLicence

CurrentLicensable Activities –Club Certificate

Street FootballClub was established in 1880,there was one fullsize footballpitch with flood lights and stands for supporters. There was a club house with changing rooms, twofunction roomsand askittle alley.The clubhad teamsranging fromyouth teams up to veterans, with the men’s first team competing in the Toolstation Western League Premier Division

Atotal of 9representations were receivedfrom “Other Persons”against this application.

Anoverview ofrepresentations was atAppendix 5of the agenda papers.

Therepresentations raised concernedall 4of theLicensing Objectives.

The Sub-Committee noted that there had been no representations made by any Responsible Authorities.

The two representatives on behalf of the applicant were invited to speak and, firstly, Ms Stimpson explained that she had become a Director a year ago and Ms Culliford confirmed that she was appointed only 3 months ago. Ms Culliford noticed that there were flaws in the way that the club was operating and suggested some changes such as applying for this premises licence.

In response to questions Ms Culliford confirmed that the Tannoy system was only used on match days as they did not want complaints from residents.

The Licensing Officer further confirmed that the complaints which had been received in the past were:

2019 – Smoke

2016– Lightpollution

2015 –Light pollution 2015 – Bonfire

2015– Bonfire

2014– 3noise complaintsarising outof asingle event

He further confirmed the implicationsof the LiveMusic Act2013 andthe LegislativeReform (EntertainmentLicensing) Order 2014. Live and recorded music was de-regulated between 08:00 and 23:00 on premises authorised to supply alcohol on the premises, subject to a maximum audience of 500 persons.

Theapplicant offeredup conditions tobe addedto thelicence inthe eventthat itwas granted which could be seen at Appendix 3 of the agenda papers.

Inaddition the applicantwould beprepared tocreate andsubmit a Noise Management Plan to the Council for approval.

The representees were then invited to speak.

Mr Adrian Williams voiced his concerns, which were the same as Mrs Sharon Perry’s, and related to noise from the club interfering with the neighbouring properties as, he maintained, this had happened twice previously.

He further informed the Sub-Committee that the cleaners played music through the loud speakers in the mornings which bothered the residents as it was loud.

Mr Williams confirmed that he did not mind the noise on fun days or match days.

Following discussion regarding the submitted application being filled out incorrectly, Ms Stimpson advised the Sub-Committee that they were preparedto amendthe applicationso that atBox E(agenda page27) andBox F (agenda page 28) only“Indoors” was ticked and not “Both”. This then indicated that the performance of live music would only take place indoors. She further advised that all staff were now employed by the club and they were therefore in a position to tell cleaners not to play music through the loud speakers in the morning.

Ms Stimpson advised, on behalf of the applicant, that they would like to support the community, especially families, and that their end goal was to operate sustainably, they did not make any profit and the club needed to be as active as it could be.

The Licensing Officer summed up his report and reminded the Sub-Committee that the applicant was offering conditions as referred to in the operating schedule in Part M of the application and specifically at Appendix 3 of the agenda papers.

The Licensing Officer reminded the Sub-Committee of the Decision Making process.

All parties were reminded that there was a right of appeal against the decision of the Licensing Authority’s pursuant to Section 181 of and Schedule 5 to the Licensing Act 2003. Such an appeal is to be made within 21 days of the date of receipt of the formal Notice of Determination and should be made to the Magistrates’ Court. 

All parties were reminded of the procedure contained within the Licensing Act 2003 which related to review of the premises licence. This provision permitted nearby residents, or responsible authorities to apply for a review of a premises licence where problems with crime and disorder, public safety, public nuisance, or the protection of children from harm were occurring. The Panel respectfully reminded all parties that for any review to go ahead, evidence would need to be collected of incidents occurring that undermined the licensing objectives.  

All parties confirmed that they were satisfied with the conduct of the hearing. 

Members of the Sub-Committee considered their decision in private session and were mindful of the advice given to them by the Legal Officer.  

RESOLVED

The Licensing Sub-Committee hearing held on 12 April 2024 in respect of the consideration for the grant of a premises License for Street Football Club,Tannery Ground,Middle Brooks,Street, Somerset,BA16 0TA be granted as applied for together with the conditions that the applicant had offered up through the operating schedule in Section M of the application with the exception that conditions 6 and 7 would be replaced by a new condition –

A Noise Management Plan will be created by the applicant and approved by the Council and should include matters that are set out in the proposed condition 6 and 7.

Inreaching itsdecision, theSub-Committee isaware andwould remindall Other Persons that, the premises already has a current club premises certificate.