NOISE limitations will have to be put in place - but a licence has been granted to play music in a marquee.
The Casa hotel and restaurant in Brighouse has been granted a premises licence despite objections from Calderdale Council and West Yorkshire Police who were concerned about the noise and disturbance it would cause to nearby residents.
The Elland Road venue has been operating without a licence to sell alcohol and play music in the hotel for more than two years but the discrepancy was only brought to the attention of owner Jack McDaid in August this year.
The licence was registered to a part of the company that dissolved in February 2010. Since August they have applied for six temporary event notices so they could continue trading, all with no objections from any of the authorities.
The application discussed by three councillors on the licensing sub-committee was the same as the previous one granted in 2005, but with one alteration, to play music on a Friday and Saturday evening in the marquee, a temporary structure currently operating with no planning permission.
Claire Marshall, from the council’s planning team, said legal action was being considered as an Enforcement Notice to take down the marquee had not been complied with.
The notice was issued in February 2008. So far no action has been taken by the authority.
But she was unable to explain why the council had taken no action since then. “The current position is that Casa are seeking temporary permission which is under consideration,” she said. “We are looking at prosecution, it can take time.”
A planning application to retain the marquee for a further six months is expected to go to the committee next month.
Mark Lawrence from environmental health said they had received complaints about noise coming from the marquee. “There’s no problem with the premises licence for the hotel, it is purely the use of the marquee that we feel needs to be replaced with the building that was given consent. A number of years have passed and nothing has come to fruitation and this marquee is still being used.”
But he couldn’t answer how many complaints had been received.
Andrew Garthwaite from West Yorkshire Police said they had received one complaint this year about noise. “The marquee in place is still a tent, not a permanent structure. It is not regulated and not refined so that windows can be closed so sound can be stopped and confined to the building as it can be with a hotel,” he said.
Chair of the licensing committee, Coun Simon Young said noise limits must be put in place and the windows and doors must remain closed. He also advised Mr McDaid to put up notices asking visitors to leave the hotel quietly.