Owners of The Hot Tin in Faversham appeal ban on music after 10pm
Published: 05:00, 21 August 2023
Updated: 13:31, 21 August 2023
The owners of a music venue told by the council they must shut live gigs down at 10pm say the decision will bankrupt their business.
Supporters are backing bosses at The Hot Tin in Faversham in their fight to overturn “restrictive” conditions attached to their new licence.
The Whitstable Road venue is based in a Victorian flat-pack tin church and acts as a café during the day before transforming into a “one-of-a-kind” venue for live music, performance, film and the arts.
It was granted a temporary premises licence in 2018, but when owners Mike Eden and Romana Bellinger applied to make the agreement permanent, committee members added conditions which they believe are “unreasonable and unfair”.
They’ve been told they must now turn the volume down at 9pm, and stop playing music altogether at 10pm, following a series of residents’ complaints about noise levels.
Mr Eden and Ms Bellinger say they were given the temporary licence to give them a chance to prove themselves and, having hosted a huge array of artists from around the globe, feel they have done so.
Ms Bellinger said: “We've had professional noise reports taken which conclude very little impact on our surrounding neighbours. This is reflected in the 100-plus letters of support sent to the planning authority.
“This new condition recommended by the planning authority is even more restricting.
“We are not a village hall with charity status – we are a privately-owned business that needs to programme our events without being hampered by having to apply for approval for every event we have. No other venue has to do this.
“The restrictions are unfair.
“The Faversham Fair held immediately across from us has had very loud open-air music for 12 days/nights so far this year and we are still struggling with Covid-related debts and now face the current economic downturn, energy crisis and rising costs.
“We have been extremely stressed over these applications and our mental health has suffered greatly. Please remove the condition and don’t replace it with more restrictions on our business, as this will bankrupt us.”
The appeal, which was launched in July, seeks to lift the condition restricting music after 9pm.
The owners wish to amend the wording to increase the acceptable volume from 37dB to a “more appropriate” 43dB, and to allow them to keep bands on the stage until 11pm at the weekend at least.
“We've had professional noise reports taken which conclude very little impact on our surrounding neighbours...”
Mr Eden and Ms Bellinger point out the council officer who examined their original application recommended an 11pm finishing time for live music on Friday and Saturday.
They say that this extra hour would be a lifeline to help the business recover from the impacts of the pandemic.
In 2021, The Hot Tin was included on a red list of 30 music venues across the country at risk of imminent closure due to the challenges of lockdown.
But some residents say the impact of the venue’s noise on their wellbeing is too great to ignore.
One neighbour said: “The excessive and persistent noise pollution is extremely distressing to members of the community.
“The noise from The Hot Tin is so loud that local residents simply cannot relax or enjoy their homes. I have continued to be shocked by the distracting and intrusive level of noise.
“It is worth pointing out that some of my visits have not coincided with an advertised event but during sound checks. This illustrates that the noise pollution and emotional distress caused by the absolute lack of soundproofing extends well beyond the times of performances.
“In fact, even after music is turned off at 10pm, customers can continue to sing loudly inside and outside the building; this sound is also amplified by the nature of the sheet metal building.
“Although amplified music may not be audible after 10pm at such an event, the sound of scores of people fuelled by alcohol singing and dancing certainly can be.
“We are not able to sit and talk in the garden at all because of the disturbance. It is unpleasant to see just how heartbroken residents who have lived in their home for decades have been made to feel by this ongoing process.”
But other residents regard the Hot Tin as a vital cultural resource that the town needs to rally behind to prevent the nightlife dying in the town.
Rebecca Smart, 44, said: “I’m so shocked to hear their licence is even in question. It is the most important musical venue we’ve got in Faversham. It attracts a crowd from London and it is helping to really put Faversham on the cultural map.
“I’m so shocked to hear their licence is even in question. It is the most important musical venue we’ve got...”
“If the appeal isn’t granted I think a lot of people will be outraged.
“It would be helping to turn the town centre into a cultural dead-zone. It would be a tragic cultural loss and it would be ridiculous to decide we can’t licence an establishment to play music in the evenings to the reasonable hour of 11pm on a Friday and Saturday night.
“It would be absurd and I don’t think people would stand for it because there are a lot of outspoken caring people in Faversham and they just won’t accept it.
“To those complaining about the noise I would say look at insulating your property – it will help with your energy bills as well. Or perhaps you could come along to an event. I think you would enjoy it.
“If you are living in the centre of town you have to expect some neighbourly noise from pubs and other venues that frequently exist in centres. If you want peace and quiet you are going to have to move to the countryside.”
Bands are also backing the venue, with Swiss group Black Sea Dehu saying it is vital for keeping the music scene alive and giving up-and-coming bands a platform.
They said: “Venues like The Hot Tin are absolutely necessary for bands like us who want to gain an international foothold in the music scene.
“The size of the venue is just right for building and developing a loyal fanbase, as the venue also allows for closeness, making the concert an intimate moment that sticks in your memory.
“This is the key for us as musicians and to such venues we return on every international tour.
“So it is very important that such small intimate venues are supported otherwise the small bands disappear and there is no possibility for them to move up in the business.”
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Ruth Cassidy