West Kirby bar has licence revoked after noise problems

Feb 17 2009 By Staff Reporter

A WEST Kirby bar has become the first premises in Wirral to have its licence revoked as a result of noise problems in and around the venue.

At a hearing on February 5^th 2009, Wirral Council’s Licensing Sub-Committee agreed to revoke the licence of the Pre Lounge Bar after receiving an application from Environmental Health to review it. This was due to complaints from members of the public and what they saw as a blatant and consistent disregard of licensing conditions.

A Senior Environmental Health Officer dealing with the case commented that the level of noise that could be heard by residents of the flat above the bar represented one of the most severe examples of noise pollution he had experienced.

The complaints about noise and public nuisance from the bar began last July. Warnings were issued on a number of occasions to the licensee, David Earnshaw, to take action to address concerns raised.

In October 2008, after receiving a detailed log of noise incidents from the resident living in the flat directly above Pre Lounge Bar, a Pollution Control Officer carried out monitoring of the problem, which is when the officer heard the unprecedented level of noise. Consequently, a statutory noise abatement notice was served requiring the immediate cessation of noise amounting to a statutory nuisance. However, the problems didn’t cease there.

The first review panel hearing was set for January 9th 2009 but was adjourned to the February 5th hearing, which is when the recommended revocation of the licence was approved by the Licensing Sub-Committee.

Cllr. Andrew Hodson, Chair of Wirral Council’s Licensing Committee, said: "Members of the sub-committee gave full consideration to all of the representations made regarding these premises, around entertainment, noise and public nuisance caused by customers.

"Members noted that whilst there were nine conditions attached to the Licence to prevent public nuisance following a Licensing Act 2003 Sub-Committee back in September 7^th 2007, sufficient measures had not been put into place by the licence holder to comply with these conditions.

"This was deemed to reflect poor management and a disregard of the requirements of the Licensing Act 2003 to prevent public nuisance. The evidence given during the hearing gave members serious concern about the licence holder’s commitment and ability to meeting this objective.

"As a result, and in the interests of preventing public nuisance around the bar, it was considered necessary to revoke the Premises Licence."

The revocation takes effect on Thursday, March 5, although the licence holder still has time to appeal the decision.