Agenda item

This item was added to the agenda on 23 January 2023.

Purpose

The purpose of this report is for the committee to consider an objection notice given by a relevant Regulatory Service in respect of a Temporary Event Notice received by the licensing authority reference (23/00267/LATENS).

RECOMMENDED that the committee determine this matter.

Derek Stone, the Principal Licensing Officer introduced his report.

There were no questions.

Ms Souza, the premises licence holder included the following points in her representation:

The TENS application had been submitted to allow them to invite the Brazilians in the community around to celebrate the premises' one year anniversary and to see if she can pay this month's rent.

In response to a question from the Regulatory Services Officer, she explained that entertainment would start at 6pm with live music.

In response to a question from the committee, Ms Dray explained that they would look into the noise-measuring equipment that had been mentioned by Environmental Health.   She had also spoken to a DJ earlier that morning and been given tips.

In response to further questions from the Regulatory Services Officer, she added that Ms Souza would use noise monitoring equipment rather than volume-limiting.  This would be done by the door and be set at the level recommended by the council.

There were no more questions.

Ms Astill, Regulatory Services Officer included the following points in her representation:

The concerns are regarding the suitability of the building in preventing noise disturbance to residents, the door, and the lack of control over the smoking area.  The applicant has highlighted that they will deal with noise levels by monitoring it but not try to limit them.  2am is still in the early hours of the morning when the background noise levels would be low. 
There has been no mention of how the dispersal of customers would be managed or whether the music would be lowered before the cut off time.

The applicant added that she and the door staff take care of people smoking outside.  It is not for many people.  There are 300 people outside on the other side of the road fighting.

Ms Dray asked that rather than refusing this application, tell them what they needed to do before the event.

The Chair noted that each application is determined on its own merit and a decision on this application had not yet been made.

In response to the question from Ms Dray, the Regulatory Services Officer explained that the committee will decide whether this event would go ahead and that it was too late for the application to be withdrawn.   They could only consider what is present at the time.  If the application were to be refused, another application could be submitted.  However, the responsible authorities only have three days to respond which would not give the applicant time to put new processes in place.  The measures need to be in place before an application is made so that the responsible authorities are less likely to make representations.

In response to questions from the Legal Advisor, Ms Souza explained that a doorman had been on duty at the Halloween event from 6pm until the last person left.  His role was to control IDs, ensure people do not take drinks outside, not to allow many people to congregate and to refuse entry to people under the influence of drugs.  At the other events mentioned in the report, no door staff was present because there were fewer than 30 or 40 customers.  She agreed that having door staff on 4 February may help improve things.  Every half an hour the door man goes to the roundabout to check the noise.

In response to a further question from the Regulatory Services Officer, she stated that the doorman stays outside.

No-one had anything else to add.

The committee went into private session to deliberate.

The Chair read out the decision and reasons.

DECISION

The Sub Committee has considered very carefully the application for a Temporary Event Notice (TEN) at Carioca Emporio for 4^th February 2023 and whether to issue a counter notice.  It gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of licensing policy.

The Sub Committee considered the representations, both written and given / expanded upon at the hearing, by both parties.  Human rights legislation and the public sector equality duty has been borne in mind whilst making the decision.

After considering all of the above the Sub Committee has determined to issue a counter notice.

Reasons

The Sub Committee noted that the application sought provision for the sale / supply of alcohol (although it was noted this is already permitted by the existing licence), the provision of regulated entertainment and an extension to the hours for late night refreshment. There had been a representation from environmental health.

The premises is not located in a night-time economy area and is in a predominantly residential area despite being next to commercial premises. There is a history of noise complaint from residents close to the premises. The complaints are continuing and noise nuisance has been witnessed inside a complainant's property. Noise was described as being very loud at times and aggravated by the opening of the door to the premises - allowing noise escape. The structure of the premises is not suitable for late night noise from amplified music (particularly given the single glazed frontage) and there are issues surrounding large numbers of patrons outside the premises. These concerns have led to previous objection from environmental health and the police to temporary events.

Whilst the Sub Committee heard that a door supervisor would be employed and noise levels monitored outside the premises, it was not satisfied that these measures would be sufficient to address the concerns of environmental health.

As there is a clear risk to the licensing objective of the prevention of public nuisance, in particular, the Sub Committee does not consider it appropriate to allow the event to proceed and accordingly a counter notice shall be issued.

There is a statutory right of appeal to the Magistrates' Court and formal notification of the decision will set out that right in full.