An outdoor venue has won its battle following complaints from residents that the premises causes a public nuisance.
Westmorland and Furness Council’s licensing sub-committee determined that no further action needed to be made to the premises licence of the Courtyard on Howgill Lane in Sedbergh.
The committee reviewed the licence after a local resident submitted an application that claimed there had been regular noise nuisances from the venue which had disturbed the sleep of local residents.
In the meeting, the committee suggested that the premises licence holder instruct a sound specialist to identify a more appropriate location of the speakers in the Courtyard external area so that they are positioned in a location away from the most noise sensitive premises.
The venue was also encouraged to communicate to customers that the premises is located in a residential area and that the needs of residents should be respected at all times
The Courtyard currently holds a licence to supply alcohol from noon to 9.30pm on Mondays to Thursdays, until 10pm on Friday and Saturday, and until 8.30pm on Sundays. The venue is behind the Dalesman Country Inn.
The application said: “This premises is creating a public nuisance. In warm weather, the premises is regularly playing loud amplified outdoor music. The music is clearly audible inside the neighbouring houses.
“The music often continues when the premises is closed or empty. Loud voices (often shouting to be heard over the music) are also a problem and can be heard within neighbouring properties.
“There have also been regular noise nuisances in relation to pressure washing, moving furniture, shouting, rolling barrels and the banging of pots and pans outside of sociable hours. The sleep of local residents has been disturbed as a result of this.”
However the neighbouring Dalesman Country Inn, which leases out the area, labelled the complaints fictitious and said it would not have won awards had customers’ experiences been disrupted by noise.
A response to the licensing application said: “The Dalesman is a 2 Rosette restaurant with a four gold star rating both from the AA guide. This accolade does not come easily or without hard work and certain guidelines from within on how the AA expect us to operate.
“We have read the complaints in regard to the Courtyard’s licence and believe that they are fictitious.
“Our hotel rooms and restaurant would not have received their accolades had there been loud music blaring from outside or the moving of barrels and furniture at such times. Our restaurant does have music for background noise, and we allow this to happen outside also in the summer months, purely to create a pleasant atmosphere, this is also the case in the Courtyard.
“The Courtyard was leased out to Hannah Bromfield and she has been impeccable with how she has run her business and was commented on by the inspector who stayed with us both times for an unannounced inspection, saying that had she visited on a weekend she would have loved to have seen the courtyard operate fully as it gave a lovely feel and looked a great use of outdoor space.”
The council had received 10 responses in favour of a review of the premises licence and six responses supporting the licence holder.
Members of the licensing sub committee for Westmorland and Furness Council decided that the issues raised by the applicant did not justify a a revocation or the suspension of the premises licence.
