A BRIGHOUSE venue was unlicensed for more than two years.

The Casa Hotel and Restaurant on Elland Road is a popular night spot, but owner Jack McDaid discovered in August that its venue licence had lapsed in 2010.

The previous licence was registered to a company which dissolved in February 2010, meaning the licence dissolved – but Calderdale officers only told him in August.

This week Casa was given a new venue licence by Calderdale Council’s Licensing Sub Committee, which put restrictions on how loud music could be played in the venue’s wedding marquee.

Mr McDaid, owner of Casa, told councillors that the marquee was vital to developing his business, which included plans for a £2m function room.

But the meeting was told that the marquee does not currently have planning permission.

Claire Marshall, from the council’s planning team, said legal action was being considered as an Enforcement Notice to take the marquee down had not been complied with.

The notice was issued in February 2008. So far no action has been taken by the authority. A planning application is expected to go to the committee next month.

Mr McDaid told councillors: “We were granted planning permission for a £2m extension in 2009 and we are doing work on it. We’ve done the car park and sorted the drainage out before actual work can start.

“We wish to get on with it – at this point I am happy to state there will be 100 jobs created with the development of this site.

“But because of this licence issue I’ve had to use money to pay for legal fees to sort this out which means a delay.”

He said building work was due to start in the spring and that the function room would be open by January 2014.

But the council’s environmental health (EH) and planning departments objected to the venue licence application.

Mark Lawrence from environmental health, said they’d received complains about noise coming from the marquee.

“There’s no problem whatsoever with the premises licence for the hotel, but we feel that where the marquee is concerned there needs to be a replacement. With the building that has been given consent, a number of years have passed and nothing has come to fruition and this marquee is still being used.”

When asked by Mr McDaid’s solicitor how many complaints they’d received about noise, Mr Lawrence said he didn’t know.

West Yorkshire Police objected and said they’d received one complaint this year about noise.

Andrew Garthwaite from the police said: “The majority of complaints will go to environmental health.

“The issue here is that it’s still a temporary structure and it’s not regulated. Windows can’t be closed and sound cannot be trapped in the building.”

Claire Marshall from the council’s planning department said issues with the marquee date back to 2007. Because it’s on greenbelt they took the decision that noise concerns ruled permission out.

“They’ve got 12 months to comply with the Enforcement Notice which requires them to remove the marquee, which hasn’t been carried out,” she said.

But she was unable to explain why the council had taken no action since then, saying: “The current position is that Casa are seeking temporary permission which is under consideration.

“We are looking at prosecution, it can take time.”

Clr Simon Young, chair of the licensing panel, approved the premises licence application adding that noise limits must be put in place.