(a)

considered the report from the Director for Community Services;

(b)

considered all written representations;

(c)

heard from a representative of Environmental Health;

(d)

heard from the premises licence holder’s representative;

(e)

heard from the designated premises supervisor;

(f)

heard from interested parties;

(g)

heard from a representative of Environmental Health that –

?

regular complaints had been received from nearby residents since 2008 relating to excessive noise from the tented marquee, which was a large aluminum framed structure lined with white canvas;

?

it was used all year round for weddings, salsa dancing lesions, parties, proms and corporate events; more complaints were received during the summer months and during the Christmas period;

?

unreasonable disturbance was experienced when live bands were used and more recently when DJ/disco events were held;

?

they had been advised that a noise limiter had been purchased for recorded music.  It is not suitable for live music as it would damage the equipment and some equipment such as drums cannot be put through a limiter;

?

officers had met with the hotel owner and the Food and Beverage Manager on numerous occasions to attempt to reduce the impact of noisy activities on local residents;

?

officers had visited the premises during the evening on nine occasions between April 2009 and October 2010 and in their opinion had witnessed breaches of conditions of the premises licence on each occasion;

?

they recommended that the licence conditions are altered to remove permission for the live entertainment to be held in the marquee and that additional conditions were attached to the licence to control regulated entertainment such as DJ’s/discos, salsa dancing, etc;

?

on 13 November 2010 there was a noise nuisance from loud music and the public address system at the premises;

(h)

heard from interested parties and considered written representations that –

?

for the last three years noise levels coming from the marquee had been both intrusive and annoying;

?

there had been noise from live and recorded music;

?

windows needed to be kept shut to allow residents, including children to sleep;

?

fireworks went off between 10.45pm and 11pm without warning and had woken children;

?

residents were unable to use their gardens due to the noise disturbance;

?

an intrusive PA system could be heard until at least midnight and often later and was a regular occurrence every Tuesday when there was a regular salsa night;

?

the management of Boringdon Hall Hotel had continually failed to engage with the local community or routinely monitor noise levels;

(i)

heard from the premises licence holder’s representative that –

?

there was a problem with the noise from live music and they had stopped taking future bookings for live acts;

?

it was necessary to retain recorded music and a DJ and these noise levels could be adequately monitored;

?

the cost to sound proof the marquee would be obscene and they could not afford to do this;

(j)

heard from the designated premises supervisor that –

?

live music was difficult to control;

?

management would work with the Environmental Health to control the noise levels.

 (1)

modify the conditions of the licence with the following new conditions added to the licence in respect of the marquee –

?

the performance of recorded entertainment must be completed by 00.00 hours;

?

the licensee/management will control the sound levels of the music/entertainment; a noise limiting device (the specification and design to be agreed with Environmental Health Service) must be fitted so that all regulated and recorded music is channeled through the device(s); the maximum noise levels will be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate;

?

all amplified sound sources from the premises will go through the noise limiter;

?

a senior member of staff is nominated is nominated as the person responsible for the management, supervision and control of regulated entertainment; this person will be responsible for instructing performers on the restrictions and controls to be applied;

?

a senior member of staff (manager) will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property; records of these checks must be kept and held at the premises so that they can be inspected by the responsible authorities;

?

a nominated person to be available at all times when entertainment is taking place and who is responsible for cooperating and liaising with the police and responsible authorities;

?

no further regulated entertainment to be held in the marquee until a suitable and appropriate noise limiting device to be fitted to the satisfaction of the Environmental Health Service in that it will ensure compliance with existing licensing conditions;

?

there is to be no live music held in the marquee.