Agenda item

The licensing officer presented her report and notified the sub-committee that the item had already been heard on 20 December 2010 and that the licensee had appealed the decision and the magistrates court had requested the item be re-heard.

Members had questions for the licensing officer.

The applicant for the review, Ms Stone, then addressed the sub-committee with her reasons for the review. She also noted that the premises had been operating with less disturbances since the review hearing in December 2010. Members had questions for the licensing officer.

The Environmental Protection officer addressed the sub-committee and raised the issue of sound limiting devices and noise nuisance concerns.  Members had questions for the officer.  The licensee had questions for the officer.

The licensee then addressed the sub-committee and informed them he had been operating with less disruption to his neighbours and that he had purchased a more up to date sound limiting system and was awaiting a sound engineer to install it. Members had questions for the licensee.

All parties were then given 5 minutes to sum up.

The meeting then went into closed session to discuss the application.

At 11.15am the meeting resumed and the chair read the following decision.

RESOLVED:

The Council’s Licensing Sub-Committee, having had regard to the application by Rosalynde Stone for a review of the premises granted under the Licensing Act 2003 to Mustafa Arif in respect of the premises known as Nese Restaurant,  189 - 191 New Kent Road, London, SE1 and having had regard also to all other relevant representations has decided it necessary for the promotion of the licensing objectives to add additional conditions below whilst maintaining the hours as per the licence issued on 18 November 2005.

Conditions

·  All electronically amplified sound shall be played through a compressor sound limiting device, the level of which shall be set by the operators sound engineer in consultation with the council’s Environmental Protection Team and local residents and maintained to the agreed level thereafter.

·  The licensee shall implement any additional sound-proofing works identified by the council’s Environmental Protection Team within 28 days.

·  No more than six people shall use the outside area at any one time.

Reasons

The reasons for the decision are, as follows:

The Licensing Sub Committee heard evidence from the applicant and her supporting witnesses, the Environmental Protection Team and the licensee, and all relevant representations. The sub-committee was satisfied that there had been a factual change in the way the premises is operated, namely that it is now operated as a restaurant and not a night club.

The sub-committee found that the premises does still adversely affect the prevention of public nuisance objective, in particular there is a problem with noise from the premises in neighbouring properties.  The sub-committee therefore decided it was necessary and proportionate to prevent noise nuisance that the conditions and section 2 above be added to the license.

Appeal rights

This decision is open to appeal by either

a)  The applicant for the review;

b)  The premises licence holder; or

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

This decision is open to appeal by either

d)  The applicant for the review;

e)  The premises licence holder; or

f)  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 chief executive 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.