Meeting documents

The Chairman introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence. It was agreed that the maximum time for each presentation be ten minutes.

The Licensing Enforcement Officer presented the report, highlighted background information and representations received.

There were no questions for the Licensing Enforcement Officer.

The applicant, J Ludlam, made his presentation explaining that there were 3 elements to the application. The first was the farmshop and tea room where they hoped to play recorded and possibly live music within and to sell alcohol to be consumed both on and off the premises. The second element was to diversify their business into providing a marquee for weddings and private functions which they would require a licence for music, dance and the sale of alcohol. For this particular part of the enterprise they would require the licence to run until 11.30pm for a minimum of 10 months of the year. The third element related to land surrounding the farm which had been used for country fairs, agricultural shows and music events. Mr Ludlam stated that he believed people in the village were worried that these events would be happening 365 days a year but he wished to assure members that this was not their intention. He was quite willing to restrict these 'other' events to a maximum of 20 per year and to cease music at 11pm.

With reference to the music events, Mr J Ludlam stated that currently a music festival was held in Heather Village itself. This had started to become a nuisance and so a member of the Festival Committee had approached him to try to move the event away from the centre of the village and onto his land.

In response to questions, Mr Ludlam stated that he was interested in having all types of music played at the events. He had already been approached by someone wishing to hold a swing/big band event. He also felt that classical music would suit the setting very well. In reference to the access to and from the site he confirmed that entry would be via Swepstone Road and the exit would be via Normanton Road. He confirmed that these arrangements had not yet been discussed with County Highways or the Police. With regard to the outdoor music events, Mr Ludlam confirmed that he had no intention of alienating the village by placing staging and amplifiers at the closest point to the village, instead this would be placed facing away from the village.

Miss M Haines then made her presentation for the responsible authorities and stated that she was primarily concerned with preventing public nuisance. As there was the potential for some very large events the Council would require 3 conditions as follows:
Outdoor music to cease at 11pm;
Submission of a Sanitary and Waste Management Plan 28 days prior to an event;
Submission of a Noise Impact Assessment 28 days prior to an event.

She stated that this was in accordance with the World Health Organisation guidelines which provided that night noise happens between 11pm and 7am.

Mr Leeland stated that the reduction of noise from a marquee event so that it was not audible at the nearest residential property was achievable simply by reducing the volume. Whilst members were unconvinced that this would happen in reality Mr Leeland stated that it was a management responsibility and that there was other legislation which could help them to deal with this problem should it arise.

Mr Ludlam clarified that the marquee site was within the curtilage of the farm buildings where his parents lived and so it was unlikely that there would be a great deal of noise from the events anyway. He asked if there was any way in which there could be a distinction between the outdoor events and the marquee events so that the music could go on until 11:30pm within the marquee.

The Chairman invited the Parish Council representative to speak. Mrs Manton stated that the villagers were not concerned by the marquee events but had reservations about the additional 20 outdoor events as this would mean 2 outdoor events per month.

The Chairman suggested that the sub-committee members withdraw so that the parties could hold a dialogue and come to an agreement.

The sub-committee adjourned at 4.23pm and returned at 4.33pm.

The Chairman asked if any agreement had been reached. Mr Ludlam stated that the marquee site would need planning permission but he would like to limit events within the marquee to 11.30pm with a noise management plan. For the rest of the fields, each event would have a noise management plan, as they would all be different, and he would cease music at 11pm. At the Chairman's prompting he confirmed that he would be willing to restrict music production to the hatched area on the plan.

There were no closing speeches from the interested party or the responsible authority.

The applicant closed by stating that he was happy that he had come to an understanding with the officers and that everyone had met in the middle.

The sub-committee adjourned at 4.40pm to consider its decision and reconvened at 5.08pm.