Appendix 4b From: Nicky Todd Sent: 14 October 2016 10:16 To: Sharon Davies Subject: FW: Ma Kellys -Foxhall Dear Licensing Authority. As an authorised Officer from Environmental Protection I wish to formally lodge a representation to the variation submitted by Ma Kellys, Foxhall Road. The basis for our concerns are that the applicant has not offered any measures as to how they will control noise from regulated entertainment. The area is heavily populated with small hotels and guest houses and this extra hour will mean that the premises will be open later than most others in the locality and therefore could quickly become busier than residents have become used to during this later hour. Through Mark Marshall we have contacted the applicant solicitor to discuss some reasonable measures that we think will be effective, a copy of this e mail is attached along with a follow up e mail that unfortunately to date have received no satisfactory response. Regards Nicky Todd Environmental Protection Officer Tel – 01253 478318 Mobile – 07788353486 Public Protection Division | Community and Environmental Services Department | Blackpool Council | PO BPX 4 |Blackpool | FY1 1NA From: Michael Woosnam [mailto:MW@rrfsolicitors.com] Sent: 05 October 2016 13:32 To: Mark Marshall Subject: Re: Ma Kellys -Foxhall Hi Mark No he hasn't come back to me so I will chase again Michael Sent from my iPhone On 4 Oct 2016, at 06:29, Mark Marshall wrote: Hi Michael Any update with your instructions ? Mark Marshall Licensing and Health & Safety Manager Blackpool Council 01253478493 From: Michael Woosnam [mailto:MW@rrfsolicitors.com] Sent: 23 September 2016 10:01 To: Mark Marshall Subject: Re: Ma Kellys -Foxhall Many thanks Mark I will get some instructions and get back to you Michael Sent from my iPhone On 23 Sep 2016, at 09:58, Mark Marshall wrote: Dear Michael You may be aware that Ma kellys – Foxhall was subject to a review about 5 years ago on the grounds of Public Nuisance ( regular disturbance from the entertainment ) since the review I have to say there has been no negative feedback from residents. Following discussions with EP they have concerns that the extra hour may cause significant impact, I have explained the need for an evidence base should they wish to object as the onus is on the Responsible Authority in such cases where the premises falls outside a Cumulative Impact area. However I do note that there are no additional controls mentioned on the application with regards to preventing public nuisance in this extra hour and I write to canvass your view on noise limiting equipment being installed and pre agreed limits being set with EP. Clearly a reasonable lead in period could be negotiated such as; 3 months from the grant of the variation, the basis of the concerns will be that the premises will be operating later than most in the area and this last hour could see a real upturn in occupancy arriving late on, for example Reflex ( formally the Fox hall has terminal hour of 2m for alcohol ) . From recollection the premises at one point did have some limiting equipment installed so just agreeing a reasonable limit to safe guard the residents in the vicinity I’m sure would not be a big ask. I am contacting you on behalf of EP just to make the initial introduction but if you are agreeable to the proposal perhaps you could liaise directly with Nicky Todd who will facilitate the practicalities of the agreed noise limit and any mediation form to confirm the wording and time limit for the condition to be in place. Mark Marshall Licensing and Health & Safety Manager Blackpool Council 01253478493