Cubar is granted a licence to play recorded outdoor music until 1 am despite objections

By Belinda Ryan - Local Democracy Reporter

2nd Jul 2024 | Local News

The licence also says any recorded music after 11 pm must be background music only. (Photo: Nub News)
The licence also says any recorded music after 11 pm must be background music only. (Photo: Nub News)

A Sandbach restaurant and bar has been granted a licence to play recorded music outside until 1am seven days a week - despite objections from some neighbours.

Cubar was also given permission to play recorded music until 2am on Christmas Eve and New Years Eve.

In granting the extension to the existing licence, Cheshire East's Licensing Act sub-committee stipulated any music emanating from the premises must not be clearly audible at the boundary of the nearest residential property.

It also said any recorded music after 11 pm must be background music only.

The committee heard from applicant Phillip Bebbington the aim was to keep an ambience that keeps customers in the building.

"We do not intend to have loud music or cause disruption to neighbours," said Mr Bebbington, who employs 25 staff at Cubar.

"We have demonstrated this since May 2021, when we opened the premises and we have an exceptional record with the noise control and licensable objectives with the police and so forth.

"We feel that if the music was to stop at a certain time, for example at 11pm, this would say to our customers, the premises is now closing, and it would push people out of the building."

Three people objected to the licence extension and one provided video evidence of music coming from the venue all night.

Mr Bebbington told the hearing that had been one occasion when the restaurant manager left the building and had turned off the sound system but somehow had synced it to his phone and when he got back into his car he turned the music back on.

He said it was human error and couldn't happen again because all staff had now removed the app from their phones.

Mr Bebbington added: "We currently have the whole rear of the property under CCTV surveillance, it does have sound control and if at any point Cheshire East wanted to come and look at an individual incident … we do have recorded evidence."

Both objectors and applicant asked Cheshire East's licensing officers what level was considered to be 'ambient music' so there could be no disagreement, and were told there was no legal level as such.

Committee member Cllr John Smith (Handforth, Ind) said: "My suggestion for ambient is if you can have a conversation in the background."

The objectors agreed to talk to Mr Bebbington about what would be considered an acceptable level.

The meeting was held on Wednesday, June 26th and the decision published this week.

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