Music licence at The Bull

Thu 28 Mar, 17:56 (last edited on Thu 28 Mar, 18:05)

I dropped a line to WODC to ask their interpretation and they helpfully replied:

“A summary of the application is as follows

• Sale of alcohol for on and off sales
• Recorded Music indoors only
• Plans submitted showing they wish to licence the premises and the garden area.

“Section F falls…

Long post - click to read full text

Thu 28 Mar, 09:25

Would it not be sensible to liaise with the operators of the Bull in a collaborative manner and explain any neighbour concerns. It will allow them to understand what would be acceptable as neighbours and what really gives you concern. From my experience, this is often the best solution. We have operated this approach at the cricket club and whilst we don't get everything right or some parties won't tollerate compromise it has generally worked over many years (Sue, I know we owe you a meeting!). The Bull have a legal obligation to apply for a premises licence but I would implore liasion and discussion as you may end up with nothing, if you take a confrontational approach. Of course, everyone can express their point of view and raise concerns but it wil have nuch more merit of they can evidence a working approach with the operators. Just a thought...

Wed 27 Mar, 16:52

Useful advice here https://www.popall.co.uk/news-publications/publications/guide-to-the-live-music-act

Protection for Residents

There are a number of mechanisms for the protection of residents and these are:-

Upon a Review of the premises licence the Licensing Authority can determine that existing conditions on the premises licence relating to live or recorded music will apply even between 8am and 11pm

If the Premises Licence doesn’t presently authorise live or recorded music the Licensing Authority can determine that live or recorded music at the premises can no longer be provided without permission on the Premises Licence (thus requiring a Variation) or a Temporary Event Notice, and can add new conditions to the Premises Licence

Other noise legislation, for example in the Environmental Protection Act 1990, will continue to apply. The Live Music Act does not allow licensed premises to cause a noise nuisance

Wed 27 Mar, 13:49

"in a pub garden in the centre of even a small town, you expect some noise don't you?"

Exactly this, Rod

Wed 27 Mar, 13:43 (last edited on Wed 27 Mar, 13:44)

Oh dear, perhaps we shouldn't have objected to the previous owners' application for  planning permission to turn The Bull into expensive houses.  Everyone would have been so much happier.  They might have turned into nice quiet Air BnBs.

Wed 27 Mar, 12:29 (last edited on Wed 27 Mar, 12:31)

I know zilch about licensing laws but as with planning, it's a question of balance between potentially conflicting interests.  'Not to cause a nuisance' imho needs more definition but Hans' suggestion - and one used in planning - is a decibel limit at certain points outside the site itself.  Measurable (on unannounced visits or even with meters supplied to others), precise and thus easily enforceable.  But costs.

Then again, in a pub garden in the centre of even a small town, you expect some noise don't you?  Oh and recorded music has to be amplified to hear it at all, the issue is the level.  And nowt wrong with litter-picking Charlie!

Wed 27 Mar, 11:53

I think someone on this thread has - perhaps - too much time on their hands ... as well as missing the main point.

Maybe they could join the litter-picking group instead?

Wed 27 Mar, 10:50

Liz, I regret that you have been misled by the wording of the voluntary conditions proposed by The Bull. 

As you have noted, condition 5 refers to 'regulated entertainment'. But under the Live Music Act 2012, live or recorded music at premises licensed for sale of alcohol on the premises does not require a licence. Such music is not regulated; it is subject to the deregulation in the Act. The 'voluntary condition' would therefore not apply to music in the garden area if the licence is extended to that area, as the has been applied for. The Bull is not giving an undertaking not to play music in the garden.

Undertaking 6 not to cause a nuisance from noise emanating from the garden is of course no more than an undertaking to comply with the law.

Wed 27 Mar, 09:42

. There will be no use of the outside areas after 23:00hrs.

5. There will be no regulated entertainment in any outside areas.

6. The Premises Licence Holder shall ensure that no nuisance is caused by noise emanating from the premises.

7. A telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

8. Prominent, clear notices shall be displayed at all exits and in the garden requesting customers to respect the needs of local residents and leave the premises and the area quietly.

These are the voluntary conditions that the Bull is proposing in their application

Wed 27 Mar, 09:37

For further clarification! The current licence does not extend to the garden area. The new application seeks to extend the licensed area to the garden area. The effect of that would be to allow the playing of live and recorded music between 8am and 11pm in the garden. The application also seeks to allow the playing of recorded music 'indoors' until midnight, and as already noted below, 'indoors' would extend to the garden area because it is covered by a tent. The permission to play music in the garden would therefore mainly be the result of  the extension of the licensed area to the garden, and the extra hour to midnight would be the result of the application for 'indoors' music up to that time.

Wed 27 Mar, 09:19

Note 4 asks whether the music will be amplified.  There's no comment about this on the form.

Wed 27 Mar, 08:46

A sensible requirement would be a maximum noise level (dBA). 

Wed 27 Mar, 08:03

Liz, unfortunately you have been as misled as I was initially by the application only ticking ‘Indoors’. If you look at note 3, you will see that that can include a tent, which is the structure in the garden. I have had confirmation from the licensing authority that the licence, if granted, will extend to the playing of recorded music in the garden.

The application can be found here:

New Premises Licence - The Bull Inn Sheep Street Charlbury Chipping Norton Oxfordshire OX7 3RR

or here:

https://publicaccess.westoxon.gov.uk/online-applications/licencingApplicationDetails.do?activeTab=documents&keyVal=SAWG7URK05600

Tue 26 Mar, 20:27

Mark/Liz - can you post a link to this application please (or tell us how to find it)? Thank you.

Tue 26 Mar, 19:28 (last edited on Tue 26 Mar, 19:46)

If you read the license application regarding the playing of recorded music, it distinguishes between "inside",  "outside" and "both" and they have only ticked "inside". I would have thought that it is abundantly clear that this does not include the garden.  If you read what they have said on the application form, it simply updates the previous license by including some of the changes to the building and the garden, including the garden servery. The hours when music can be played have not been changed. It only refers to the garden with regard to the serving of drinks, not the playing of music.  I would expect the license to be issued on those terms. Nothing to see here!

Tue 26 Mar, 18:54

Totally gets my support. It will create a great ambience in the centre of town. 

Tue 26 Mar, 15:26

It will be noticed that The Bull has applied for a licence to play recorded music from 10 am to midnight every day of the week. It appears from the application that the music is limited to indoors. However, in this case 'indoors' includes the whole of the outside 'garden' area. This is not obvious from the application, but I have received confirmation of this. Comments on the application must be submitted by the middle of April.