Agenda item

To follow.

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

The applicant addressed the sub-committee.  Members had questions for the applicant.

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

The sub-committee went into closed session at 1.03pm.

The sub-committee resumed at 1.24pm and the chair read out the decision of the sub-committee.

RESOLVED:

That a counter notice not be issued under section 105 of the Licensing Act 2003 in respect of the temporary event notice given by Mr Patrick Pierre-Powell in respect of the premises known as Dog Kennel Hill Adventure Playground, Dog Kennel Hill, London SE22 8DA.

Reasons

This was temporary event notice given by Mr Patrick Pierre-Powell in respect of the premises known as Dog Kennel Hill Adventure Playground, Dog Kennel Hill, London SE22 8DA.

The licensing sub-committee heard evidence from the council’s environmental protection team officer who objected to the application as officers from the noise team had witnessed a substantial statutory nuisance due to noise from amplified music without the appropriate temporary event notice (TEN) being in place, on 24 July 2013.  The officer stated that with the exception of this incident there had been only one historical complaint of noise nuisance back in 2008.

The licensing sub-committee heard evidence from the premises user, Mr Patrick Pierre-Powell, who advised that he had managed the premises for 17 to 18 years and that the bonfire night event had taken place for the previous four years without complaints.  Concerning the incident on 24 July 2013, which was the cause of over 20 complaints and resulted in the environmental protection team objecting to this application, the applicant submitted that he had hired out the premises to the tenants/residents’ association in good faith and that it was not an event that he had any control over.  It was expected that the association would apply for a TEN if required, but they failed to do so.  Since this date, the applicant has only hired out the premises subject to an amended venue hire agreement.  He advised that no similar incident would occur again.

The sub-committee accepted that the incident of 24 July 2013 was an isolated incident and that the applicant had assured that no similar incident would occur as a result of the rewording of the venue hire agreement. 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives.

Appeal rights

Where the relevant counter notice under Section 105(3) is given the premises user may appeal against the decision.  Where counter notice is not given, the chief officer of the environmental protection team may appeal against that decision.  The appeal must be made to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the licensing authority of the decision to be appealed against.  No appeal may be brought later than five working days before the day on which the event begins. 

The meeting closed at 1.27pm.