The Hearing gave consideration to a report by the Chief Officer Environmental and Operational Services giving details under Section 52 of the Licensing Act 2003 for a review of the premises license for Fleur De Lis Public House, High Street, Leigh, Tonbridge, Kent, TN11 8RL on the grounds of the licensing objectives public safety and prevention of public nuisance. A map of Leigh was tabled for the Sub-Committee.

The Hearing heard from the representative on behalf of the applicant who highlighted the key issues that the applicant was having. She advised that she had collected evidence from 2015 and 2016 which had been provided to Environmental Health in regards to the noise nuisance. The dividing wall was only brick and the noise from the pub travelled through. The pub garden was regularly used until 1am and this was preventing the applicant opening her windows and causing a lack of sleep. Photos had been provided in the Supplementary agenda pack 2 showing damage to the property and the wall and the close proximity of the pub garden. She advised that since the Noise abatement notice had been served there had been some improvement.

The Hearing heard from the legal representative for Greene King who advised that they were not dismissive of the concerns that the applicant had made. The pub was used by the community and in its majority the pub was not open until 1 a.m. He advised that the nose abatement noticed had been served following an event that, in hindsight, was too loud. They had been working with the Environmental Health Officer who had made recommendations to help keep noise levels within a reasonable level. A noise recorder had been installed, and out of the 61 days it had been recorded there was only one nuisance on record.

The Legal representative for Greene King advised that they had amended slightly the recommendations put forward by Environmental Health as suggested conditions and would include a garden management policy and a dispersal management plan.  

The Environmental Health Officer addressed the Hearing, informing that they had no evidence to show that the Fleur De Lis was not adhering to what had been requested. Their reviews were still ongoing and no complaints to the out of hours service over the Christmas period had been received.

The Local residents addressed the Sub-Committee raising their concerns to the noise that was created by the pub especially when it was unknown when the noise would stop. It appeared that the recommendations put forward by Environmental Health were of a benefit and the proposals for the policies seemed to be a positive way forward. Other local residents addressed the Sub-Committee in support of the Fleur De Lis, they had not experienced rowdy behaviour, and were in support of the conditions.

At 12.15 p.m. the Hearing Members withdrew to consider the issues raised accompanied by the Council’s Legal Advisor and the Clerk to the Hearing for the purpose of providing advice only.

At 1.10 p.m. the Hearing Members, Council’s Legal Advisor and the Clerk to the Hearing returned to the Council Chamber.

The Chairman advised the Hearing that the Sub-Committee had taken into account the concerns raised by the applicant and the need for a viable premises. The Sub-Committee believed that the limitation of the number of events, certainty of finishing times and notification of dates before hand by a letter drop were appropriate and proportionate for the licensing objective of prevention of public nuisance. The Hearing was reminded that the Environmental Health investigations were yet to be concluded and statutory guidance emphasised the need for dialogue between both parties. Additionally the Licensing Partnership was available to mediate should it be necessary.

It was therefore,

Resolved: That the ten conditions as set out in the Notice of Determination attached as an appendix to these minutes be added to the premises licence.