Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

The applicant for the review and their representative addressed the sub-committee.  Members had questions for the applicant and their representative.

 

An other person supporting the review addressed the sub-committee.  Members had questions for the other person.

 

The environmental protection officer addressed the sub-committee.  Members had questions for the environmental protection officer.

 

All parties were given five minutes for summing up.

 

The meeting adjourned at 1.10pm for the members to consider their decision.

 

The meeting resumed at 2.02pm.

 

The chair advised all parties of the sub-committee’s decision.

 

RESOLVED:

 

That the council’s licensing sub-committee, having considered an application made under Section 51 of the Licensing Act 2003 by a local resident for the review of the premises licence issued in respect of the premises known as Lokma Limited, 11 Bermondsey Square, London SE1 3UN,having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to:

 

·  Remove all late night entertainment provisions from the licence for a period of three months; that is: live music, recorded music, performance of dance and facilities for making music.

 

·  The following further conditions have also been added to the licence:

 

1.  That a sound limiting device shall be installed, set and maintained by a sound engineer so that the maximum level of volume and bass of music, song or speech from licensed entertainment does not cause a public nuisance in the vicinity of the premises or within  the nearest or most exposed noise sensitive premises.

 

2.  That all audio and musical equipment used in the premises, permitted under the Licensing Act 2003 or the Live Music Act 2012, shall be played through the installed sound limiting device.

 

3.  The external area will be out of use by patrons between 22:00 and 07:00, with all outdoor furniture rendered unusable by 22:15 each day.

 

4.  That all doors and windows will be closed after 22:00, except for the immediate access and egress of persons.

 

5.  That all patrons be directed to exit the premises via the doors leading onto Long Lane after 22:00.

 

 

Reasons

 

The reasons for this decision are as follows:

 

The sub-committee heard from the applicant who explained that the premises had allowed their business to be conducted in a manner, over a period of months, that had lead him to suffer to such an extent that his health had been compromised. The applicant stated that since the grant of the new licence at the premises in December 2017, he had observed excessively loud music, late night belly dancing and the premises remaining open outside of the hours set out in the licence.  He further explained that any attempt to engage with the management team had not been dealt with satisfactorily. 

 

The applicant was supported by another resident, who corroborated the observations and reiterated that bringing the matter to the sub-committee was very much a last resort, but that she found her flat to be inhabitable whilst this conduct continued.  She further stated that on the occasion that she had been downstairs to speak with the management she had found them to be unhelpful at best and that the initial reduction in noise levels was reversed within approximately twenty minutes of her returning to her flat.  Both the appellant and the witness had consulted with the council thereafter, to seek a resolution to the issue, but the licence holder failed to engage resulting in a number of warnings being issued.

 

Both the applicant and the witness were asked about the change of management and whether they felt that the change that had taken place in February 2018 had affected the noise levels.  Both individuals stated that the levels had dropped, but that music could still be heard in their flats. 

 

The sub-committee heard from the environmental protection team (EPT) who stated that two warning letters had been sent to the premises, owing to noise nuisance being observed outside of the opening hours permitted in the premises license. They were able to confirm that a further breach was witnessed by an officer resulting in an Abatement Notice of Noise Nuisance being issued on 19 February 2018. The representative acknowledged that there had been a change of management and that there had been a further complaint on 13 March 2018, but that the details had not been provided. Finally the representative confirmed that no contact had been made to request support or guidance by the premises in respect of a noise limiter or measure that could be taken to contain noise.

 

The sub-committee then heard from a representative for the licensed premises, who stated that there had been consistent ownership at the premises over a period of years, but went on to accept the period of noise nuisance as set out by the applicant. In response to this, the respondent had immediately served notice on the manager who had permitted the nuisances to occur. 

 

The licence holder had then installed a sound limiter and indicated a willingness to engage with EPT to ensure that it was set at an appropriate level.  In addressing concerns regarding the bass reverberation into the premises above, the representative confirmed that an expert had attended the premises and identified that a speaker on the raised glass floor may have been responsible. It was explained that this speaker has now been moved and no longer used.  The sub-committee heard that a ‘complete diagnostic of the sound system’ had been completed, but that no report had been provided.  When asked whether they had fitted extra insulation to further reduce noise travelling, they confirmed that this hadn’t been done. 

 

The representative did draw the sub-committee’s attention to the fact that there was another neighbouring premises that had also allegedly caused noise nuisance. Finally the representative did set out that there had not been any complaints since the owner had taken immediate steps to remedy the issues. 

 

In considering the submissions from all parties the sub-committee were concerned that not only had there been noise nuisance to such an extent as to warrant two warning letters and then a noise abatement notice, but also the fact that the noise nuisance was being conducted past the operating hours as set out in the licence. 

 

The sub-committee acknowledged that the respondent had taken steps to prevent further noise nuisance, but also recognised the submissions from the applicant that the residents were still able to hear noise from the premises in their flats.  The sub-committee were therefore satisfied that the measures taken thus far had not gone far enough to completely remedy the problem.

 

The sub-committee felt that circumstances of the noise nuisance were such, that a 3 month suspension of the late night entertainment element of the licence was a proportionate response.  They wanted to ensure that the premises understood how seriously they regarded the breaches and the way the premises dealt with the residents in making their complaints. 

 

In adding further conditions to the licence, the sub-committee felt that these would assist the premises in ensuring that no further issues should arise. The sub-committee wanted to ensure that the licence holder was clear that the responsibility to ensure compliance with these conditions lay with him and not EPT.  The sub-committee finally recommended that if the conditions 1 and 2 detailed in this notice of decision were not complied with within three months, EPT should submit a review application so that the matter can be further considered by the licensing sub-committee.

 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

 

Appeal rights

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application  

 

Such appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

 

This decision does not have effect until either

 

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.