Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a. The Sub-Committee’s attention was drawn to chapters 7, 9 and 15 of the Statutory Guidance, and to Sections 1, 3, 4, 5, 8, 13, 15 and 17 of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6 of the report on page 15.
Mr Ola the Licensing Officer confirmed:
· This was an application by the Council’s Public Protection Service for a counter-notice to be issued against a Temporary Event Notice (TEN).
· Mr John Ferreira submitted a TEN to the Licensing Authority on 12 April 2022 and was in attendance.
· The Notice would authorise the sale by retail of alcohol for consumption on the premises and the provision of regulated entertainment and late-night refreshment to 200 persons at the premises on 4 June 2022 from 18:00 to 01:00 and 5 June 2022 from 13:30 until 20:00.
· Details of the TEN could be found on pages 9 to 14 of the report.
· Mr Henry Umeh was in attendance representing Public Protection.
Presentation by the Applicant
Mr Henry Umeh, representing Public Protection, informed the Sub-Committee that:
· While the venue had been used for a long time for social events, the first complaint of noise nuisance was received in November the previous year.
· Prior to investigating two noise disturbance at the venue, the music had stopped and there were two further complaints following this incident.
· Following a complaint from a local resident on the 27 November 2021, Public Protection attended the venue at 00:45 and witnessed loud music.
· The second visit took place on 4 December 2022 at 21:50 and Public Protection witnessed a cultural event with loud music and ensured the sound level was reduced.
· One further official complaint that the Council had not adequately dealt with an issue that had been submitted by a local resident in January. An official response was issued, and the resident assured that Public Protection was investigating and that adequate notice was needed to investigate the noise disturbance in real time.
· The local resident sent an email to the Leader of the Council at 18:45 on 2 April 2022 regarding noise reverberating around property, specifically in the bathroom and bedroom and a recording had been attached as evidence.
· Public Protection liaised with the Licensing Authority and a further discussion took place with Scalabrini Fathers which uncovered that the club licence had lapsed and they were invited to apply or another licence.
· Public Protection had been in receipt of approximately eight TENs applications at the venue and this application had been submitted to negate the impact of noise nuisance on the residents.
· The venue owner was encouraged to submit a full premises licence application and it was noted that further noise complaints could impact on this application.
In response to questions from Members, the applicant confirmed:
· One complaint had been received from a resident who lived in the adjoining building, which had been built recently.
· Residents were aware of the responsive complaints service operated by Public Protection.
· TENs notices were not displayed outside the property as was not a requirement.
· The club licence had expired in 2018 due to the death of the licence holder.
· Constructive conversations had taken place with the owners at Scalabrini Fathers, while the application of the full premises licence was in the control of their agent.
Presentation by Interested Parties
Mr John Ferreira said that:
· This was a Portuguese cultural event, which had been at the venue since 2021.
· The event involved a community dinner, entertainment artists from Portugal and the UK, as well as folklore dancing.
· The aim of the event was to raise funds for future events and the community, such as sponsoring a local children’s football team.
In response to questions from Members, Mr John Ferreira confirmed that:
· It was clarified that this group was separate to the others and the focus of this hearing was the event in question, not the expired premises licence.
· AJ Productions was responsible for the sound system and was able to control the sound levels with a decibel reader.
· The back and front door would always remain closed to prevent music travelling outside.
· The applicant also looked to hang curtains in front and back to isolate the sound.
· The music would be turned off at closing hour and patrons would be dispersed slowly in groups of 15.
· There would be one member of staff outside.
· The event would have a mixture of recorded music, live performances and traditional folklore music towards the end of the evening. There would be no DJs or club music.
· This event was organised to celebrate Immigrant Day, a day that celebrated immigrants from Portugal to the UK and around the world.
· The community dinner was a ticketed event and customers were allocated seats.
Mr Henry Umeh, representing Public Protection, clarified that he did not have the information available as to which group was responsible for noise disturbance at this venue at each date.
Adjournment and Decision
At 20:42, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations from Public Protection.
Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to reject the application for a counter application to the Temporary Event Notice.
The Chair informed the applicants that:
· The Sub-Committee understood the strategic purpose of submitting a counter notice to every Temporary Event Notice by Public Protection, but in this case, the applicant had responded positively, and the Sub-Committee were assured that measures in place upheld the Licensing Objectives.
· Public Protection may have to continue bringing counter notices to each Temporary Event Notice at this venue, to assess each event on its own merits.
· The Licensing Authority would be contacted as well as the owners of the venue to reach an agreement for a new premises licence.
RESOLVED: To grant the Temporary Event Notice and reject the counter notice.
Announcement of Decision
Members returned to the meeting and the Chair informed those present of the decision to reject the application for a counter application to the Temporary Event Notice and provided reasons for the decision as outlined above. The Sub-Committee had considered all the options available to them and ultimately felt that the Notice giver met the concerns which had been raised. The Chair confirmed that written notification of the decision would be sent in due course.