WEYMOUTH live music pub the Duke of Cornwall has won a court case against Dorset Council today following a lengthy licensing battle.

Landlords Martin Rollings and Tina Hearns have successfully appealed against the council’s decision to modify the premises licence of the town centre music venue, which was triggered by a single noise complaint.

However a judge ruled that several conditions are to remain in place – including a reduction in live music hours.

As reported, in November 2021 ‘Respect Weymouth’ asked the council to carry out a licence review of the Duke of Cornwall, in relation to noise.

It was claimed that Respect Weymouth represented a group of neighbours who had specific concerns against the premises. A judge has called this into question as no checks were carried out by the council to verify this.

As a result of the review, a hearing was held in December 2021 when a Dorset Council licensing sub-committee decided to impose a variety of modifications upon the premises licence, including a reduction of live music hours and a noise management plan.

The licensees appealed this on the grounds that the modifications were decided as a result of an improperly conducted review process and that the grounds for the review are not valid.

During a three-day appeal hearing in Poole Magistrates Court this week the court heard that just a single noise complaint has ever been made against the St Edmund Street premises since Mr Rollings and Ms Hearns took over in 2020.

The judge added that it was wrong for the subcommittee to rely on evidence provided by Respect Weymouth, which claimed to represent 16 residents, as no checks had been made – although agreed there were at least two members of the group at the time the review process was triggered.

However on the basis of evidence provided by the council’s environmental protection team, the judge was satisfied that the subcommittee was right to consider whether to impose additional or replacement licensing conditions to the licence, but did not agree with all the conclusions the committee reached, and on this basis concluded that the licensing subcommittees conclusion decision was wrong.

A Dorset Council spokesperson said: "The council has a role in protecting the public from excessive disturbance. The licensing system allows for challenges to decisions to be made and for them to be considered again, which this appeal has done.

“There has been significant improvement in the operation and management of the premises since the review hearing took place, including a reduction in the number of noise nuisance reports at the premises.

“We will be seeking to work with the licence holder going forward.”

  • Full story to follow in tomorrow’s Echo.