Magistrates have overturned a council’s decision to grant a licence for a new West Cumbrian wedding reception venue.
Beth and Ray Foulder wanted to use a field at Broughton Lodge in Little Broughton for wedding receptions.
Allerdale council granted the couple a licence on December 2.
The licence would allow live music and recorded music to be played between the hours of 11am and 11pm and the sale of alcohol between the hours of 10am and 11.30pm every day.
But following what has been dubbed ‘a David versus Goliath battle’ after Broughton Parish Council took the district authority to West Cumbria Magistrates Court, the authority has been told it must reconsider the application and pay £300 towards the parish council’s costs.
Magistrates said the council was not in possession of all of the facts it needed to make an informed decision.
Allerdale councillor Nicky Cockburn, who is also a Broughton parish councillor, spoke in front of the court on behalf of residents who objected to the project because of noise, transport, car park and loss of amenity concerns.
She said: “I am delighted with the direction as common sense has prevailed.
“The magistrates listened to what was a true David versus Goliath case in court.”In allowing the appeal I feel justice has been done.”
Parish council concerns
Broughton Parish Council chairwoman Mary Bradley said: “I took the case to court on behalf of the parish council. The reason we took it was because of the strong feeling in the village about the incorrect use of a bridleway.
“One of the main reasons was also that Soddy Gap [next to the proposed site] is a community asset of peace and tranquillity. Using the site as a wedding venue would mean drivers would have to use the bridleway, which you are not allowed to use except for agricultural vehicles.
“The feeling in the village was that they didn’t want a wedding venue there for those reasons.”
Licensing criteria only requires the applicant to fulfil four objectives: prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. It is up to the licensing authority whether they consult with other organisations, such as Broughton Parish Council.
Consultation call
At the hearing on Thursday, magistrates ordered that a new consultation be held including Cumbria Highways, Broughton Moor Parish Council, Broughton Parish Council, the landowner of the bridleway, and any other bodies that use the bridleway, for example the local schools.
Consultation should also take place with the planning department should the application for a licence include plans for a hardcore car park, they said.
Cllr Bradley called on Allerdale council to consult parish and town councils on future licensing applications, having only found out about the proposal in the days leading up to the decision to grant the licence.
Magistrates said: “From the evidence given it has been made clear to this bench the licensing authority were not in full possession of all the facts they needed to make an informed decision to grant the licence.
“The licensing authority had no evidence that there was permission from the landowner to use the bridleway. Indeed, they were not aware the access route was a bridleway.
“Further information has been put forward of a one-way system as access today to the site and the licensing authority has not been able to consider this.
“The bench has concerns that public safety is an issue and also has some concerns regarding crime and disorder. There were some discrepancies made with noise issues and assumptions were made on noise levels at certain properties.
“The decision to grant the licence is set aside and we remit the decision back to Allerdale Borough Council with a direction to start the consultation process afresh.”
An Allerdale council spokesman said: “Following the court’s decision, the council will be restarting the consultation process in relation to this application.”
