Agenda item

The Sub-Committee were required to consider an application to review a premises licence for the following premises:

Berkhamsted Golf Range

Spring Garden Lane

Berkhamsted

Hertfordshire

HP4 3GY

Please refer to the video minutes for full discussion.

Decision

A public consultation took place and 13 representations were received from residents living in Berkhamsted and Northchurch, Northchurch Parish Council and representatives of the Hospice of St Francis situated next to the site of the golf range. These all related to concerns about the proposed activities undermining the licensing objective for Public Nuisance.

The applicant subsequently amended the application, with live music, recorded music and late night refreshment being removed entirely. Sale by retail of alcohol was reduced to between 11:00 – 22:00 and opening hours revised to 07:00 to 22:30. This resulted in 5 of the representations being withdrawn including those made by Northchurch Parish Council.

At the hearing, the Applicant’s representative, Mr Edge, explained that the application had been amended as the representations received had been taken very seriously and was an attempt to alleviate the majority of the concerns surrounding elevated noise level and operating until late night/early morning hours. They had also had conversations with Herts Police Licensing team in an attempt to reach a compromise.

In relation to concerns about noise Mr Edge said that the robust Noise Management Plan that had been submitted would be strictly adhered to, with the Applicant himself or staff members going to the nearest ‘noise receptor’ point to their neighbours at Hospice of St Francis and would monitor noise levels on a regular basis. Any remedial action would be taken immediately such as reducing the level of music. He confirmed that this was background music only in the small café of the Premises and that the windows and doors would be closed when music was playing except for access to the Premises.

Mr Edge confirmed that the Hospice of St Francis was the nearest neighbour to the Premises and was approximately 1.5km away.

The Applicant confirmed that the Premises had been in his family for a number of years as his parents acquired the land 4 decades ago and when it was previously run as a ‘country club’ with music and alcohol they had never received any complaints. He confirmed his intentions are to run a golf range first and foremost and is never his intention to run a stand up drinking venue.

There is a small café within the Premises which can seat approximately 16 people and it is within this small area that the music would primarily be played. Mr Smith confirmed that as the Premises was primarily a golf range facility, it was contrary to the nature of  golf to have loud, distracting music and so music would be background music only. Mr Smith also confirmed that his elderly parents live just 70yards away from the Premises and so it was also in his own family’s interest to keep noise to a minimum.

Mr Smith confirmed that in the week leading up to the opening of the Premises there would be a direct and open line of communication directly between him and their neighbours at Hospice of St Francis when noise levels were being tested and monitored so that any concerns could be raised. They had a good relationship and that open line of communication would remain.

The Sub-Committee heard from an objector, Ms Hancock the Estates Manager of Hospice of St Francis. Ms Hancock reiterated that given the Hospice provide palliative and end of life care, it was of the utmost importance that their patients were not disturbed. Ms Hancock confirmed there was a very good relationship between the Hospice and the Applicant and that she was happy that there was a direct line of communication between the Applicant and the Hospice for any concerns or problems to be conveyed should they arise.

The Sub-Committee noted that no licence permission is required for the playing of any recorded music between 08:00 and 23:00 on any day on premises authorised to sell alcohol for consumption on those premises.

There were no objections raised by any of the Responsible Authorities.

The committee considered the distance of the venue from the surrounding residences and the hospice, and considered the concerns of the objectors, which mostly related to noise. Excessive noise can be a concern which can arise from the sale of alcohol. However, in this case, the light of the revisions to the application, for the sale of alcohol only between the hours of 11am to 10pm, and the character of the venue as described, the committee considers that the sale of alcohol between the revised hours would not adversely engage the licensing objectives.

Accordingly, the Sub-Committee has resolved to grant the Premises License as it was in the amended application with Sale by Retail of alcohol for consumption on the Premises from 11:00 to 22:00 Monday – Sunday and Opening hours of 07:00 to 22:30 Monday – Sunday. 

The Applicant is a responsible businessman, and the Sub-Committee was comforted by the fact that this was a family business that the Applicant would be managing as a full-time role with a strong presence on the Premises.