Venue gets outdoor use and function permission

ACAFE-RESTAURANT near Ormskirk has been given conditional permission to become a functions venue and make greater use of outdoor space.

The Aviary Function Rooms, at Blindsman Lane, has been told stop any alterations causing late-night noise nuisance to neighbours.

At a licensing meeting last week, one resident living nearby raised complaints about alleged noise from The Aviary, saying music and speeches could be heard in his garden and bedroom.

However, another resident said background sounds from the venue were not a problem.

The Aviary had submitted a ‘licensing variation application’ to West Lancashire Borough Council, asking for permission to change some of its ‘licensable activities’ to better-cater for events such as weddings and birthday parties.

The changes included asking permission for outdoor speakers to relay music and speeches between 10am and 10pm ‘at a suitable volume’, and to open exterior doors and windows for greater ventilation, if needed.

The owners and staff at The Aviary said the application reflected new health and business needs following the Covid pandemic. The borough Licensing & Gambling SubCommittee considered the variation application.

The Aviary is currently licensed to sell and supply alcohol, have recorded or live music and late night refreshment.

Representatives of The Aviary at the meeting were Tom Lea, Heather Matthews, Dave Lea, and Michael Lea.

Premises supervisor Thomas Lea said new ideas were tested after the pandemic restrictions eased. The changes reflected new factors such as social distancing rules for indoor and outdoor spaces, and changing customer preferences.

He said: “We received good feedback and wanted to look at varying the premises license. We want to develop functions and offer a better experience to customers. This includes being able to open windows and doors for better ventilation and reduced covid risks.

“We would also like recorded music to be played outside at a regulated level which will not cause problems.

“Our venue is now approved for weddings so background music is needed and also speakers to relay speeches.”

He added: “We have controls to measure the volume.

“Our staff are well-trained and three of them are also personal licence-holders.

“Our outdoor areas are closed at 10.30pm, we have signs reminding customers to respect our neighbours, we have put up a fence to prevent sound travelling and we have a free telephone for customers to book taxis, so they don’t need to make calls outside.”

Mr Lea said The Aviary also followed licensing advice from council environmental health officers and the police, and had talked to neighbours about the function plans.

However Simon Hayhurst, one neighbour, objected to some aspects of the application.

He claimed noise from The Aviary had disturbed him in his garden and in his bedroom at various times, day and night, in recent years. He showed a series of videos which, he said, illustrated the noise disturbance.

He said: “I have lived near The Aviary for the past nine years. in 2015, Mr Lea Senior [David Lea] invited me round and said he was looking to open a cafe-restaurant. He initially had my full support.

“There was a small outdoor area for 16 people and he planned to open from 10am to 4pm or 6pm, depending on the day,.. In 2017, the function room was created from the previous butcher’s shop, seemingly without planning permission but it got a licence.

“By 2018, I could start to hear loud music, particularly in evenings and at weekends.

“I had various conversations with Mr Lea, most of which were very amicable. But the reason for the noise was that bi-folding doors were being left open. The noise faded through the winter but then rose again in spring and summer 2019. I had various conversations with Mr Lea and also phoned the premises. It was not just the noise. The nature of the premises changed too,

“By summer 2021 after the lockdowns, there was a substantial increase in incidents. In July 2021, there was a particularly loud day with a guitarist in the patio.”

Mr Hayhurst gave a series of dates when he said noise was a problem including a marquee event. One video captured the sound of guests singing the song ‘Sweet Caroline’.

In a question session, Mr Hayhurst asked Tom Lea what environmental health or police advice had been given to The Aviary in the past.

Mr Lea said advice included closing windows and doors at 10.30pm, stop selling alcohol outside at 10.30pm, controlling music levels and keeping a log book of any incidents. Mr Hayhurst then asked: “You mentioned neighbour consultations. But when did you consult with me?”

The Aviary events coordinator Heather Matthews replied: “We did not feel we had to. We knew how you felt so we consulted other residents. We already knew your feelings.”

Mr Hayhurst added: “Who else did you contact?”

Ms Matthews replied: “I think they would like to remain anonymous. I don’t feel we can name them.”

However, another neighbour,

Colin Hill, spoke as a witness for The Aviary.

Mr Hill said: “I live near Simon. I work on shifts, which vary, so I’m not always at home as the same time as Simon. But I genuinely don’t think the noise level from The Aviary is unreasonable.

“I have been contacted by Dave Lea, asking if music or noise is excessive, but I’ve said it’s not a problem. It’s background sound but not excessive.”

Mr Lee added: “When The Aviary held the marquee event, I was away.

“But my daughter said it was OK and we had been given advance notice about it. I genuinely cannot think of one incident when noise has been excessive.”

However, Simon Hayhurst said their homes and gardens were differently positioned, so travelling sound could have less impact on Mr Hill’s property. In contrast, Mr Hayhurst said he could clearly hear lighter sounds too, such as marquee tent-pegs being hammered into the ground.

In summary, Mr Hayhurst said: “Its frustrating that the situation has come to this. I want The Aviary to do well and I have visited it in the past.

“We are neighbours. I accept things have improved since autumn 2021 but these have been the winter months. My concern is what will come this spring and summer?”

Tom Lea added: “It’s not our intention to be an outdoor venue. We just want to vary our licence to allow outdoor speakers for weddings and for people having a drink on the patio.

“We have got all the procedures in place. We are taking care not to annoy any neighbours.”

The council’s legal and democratic services head, Kay Lovelady, explained some details of licensing procedures, along with matters such as environmental health and planning control.

She said some of Mr Hayhurst’s questions, such as The Aviary’s building extension plan, were not relevant to the councillors looking at the licence variation application.

Laws, including the live music act, give licensed venues some flexibility up to 11pm, the licensing meeting heard. Local authorities can make some suggestions, such as closing outdoor areas slightly earlier, but cannot enforce them within core hours.

However, local authorities can act upon alleged breaches during normal hours and also have more influence on arrangements after 11pm.