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 (23/00269/LATENS).

RECOMMENDED that the committee determine this matter.

Derek Stone, the Principal Licensing Officer introduced the report.

There were no questions for the Licensing Officer.

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

The objections are based on the likelihood of public nuisance occurring from entertainment provided until 2am, dispersion of customers and noise from customers smoking outside.

Ms Dray asked whether the application could be agreed subject to the measures suggested in the previous hearings being put in place.

The Legal Advisor explained that the premises licence holder is expected to approach Environmental Health, the police and the Licensing Authority before submitting an application to discuss what they are proposing and the steps that could be taken to mitigate any issues.  Unfortunately, it would be impossible for the committee to take into account at this point any potential proposed measures to be agreed, because members would not know what they would be or whether they would be acceptable.

Ms Dray explained that Ms Souza had spoken to the Licensing Officer, and he suggested she ask Regulatory Services to visit the premises.  She emailed them on 8 January but did not receive a response.  Therefore, there was no time to implement anything.

The Chair explained that the mitigation should already be on the table; it is not something you can negotiate in the meeting.

In response to questions from the Legal Advisor, Ms Souza explained that she would employ a doorman to prevent too many people being outside and she hopes to measure the sound outside and people drinking outside.  After 11pm there would not be too much noise outside.  She helps people go to the taxis.

Summing Up.

The applicant added that she could put a soundproof board to cover the glass at the front during parties.

Everyone confirmed that they had nothing 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 March 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. This mirrored the previous application.

Similarly environmental health confirmed 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 to control those outside the premises and noise levels would be monitored, it remained unsatisfied 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.

The Sub Committee heard that the premises licence holder would be willing to engage with environmental health and that a planned visit had not occurred due to miscommunication. There may still be time for a meeting to be arranged and for steps to be discussed and possibly agreed to try and ameliorate the impact of the planned event. It is positive that the premises is keen to work with the responsible authorities and this should be encouraged, but clearly the Sub Committee can make no guarantees as to the potential for sufficient measures to be available to satisfy environmental health.

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