Agenda item

The licensing officer presented their report and informed the meeting all parties had conciliated, except for the residents.  Members had no questions for the licensing officer.

The premises user and their witness addressed the sub-committee. Members had questions for the premises user and their witness.

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

All parties were given an opportunity for summing up.

The meeting went into closed session at 11.45am.

The meeting resumed at 12noon.  The chair did not read out the decision of the sub-committee, as none of the parties were present any longer.

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 Harley Gray in respect of the premises known as 1 Black Swan Yard, London SE1 3XW.

Reasons

This was temporary event notice given by Mr Harley Gray in respect of the premises known as 1 Black Swan Yard, London SE1 3XW.

The Licensing Sub-Committee heard evidence from the premises user Mr Harley Gray and his Father, Russell Gray. They supported the written application by providing a map, on which they had highlighted where the fire exits and all regulation compliant fire fighting equipment would be located. They also were able to confirm the location of the seating and that this would be fixed seating. Finally they confirmed that no straw bales would be used during the event at all.

In addressing the concerns raised by the environmental protection team regarding noise controls, the applicant highlighted that a similar event had been held last year and no complaints about noise had been made.  He also stated that whilst the application was for the supply of alcohol until 22:30, in reality most people left by 21:00. The applicant was further able to allay concerns by stating that the event would have security to monitor the flow of patrons and that the applicant and other stewards would be in attendance. 

The licensing sub-committee heard evidence from the council’s environmental protection team who stated that there had been similar events over the same period, coinciding with the Bermondsey festival, in previous years. They reported that there had previously been concerns relating to the use of straw bales for seating and inadequate fire safety precautions and measures in force.  They also raised concerns regarding the lack of detail in the application as to how noise would be controlled. 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives. They considered that the applicant had been able demonstrate that the concerns raised by the environmental protection team had been reviewed and that adequate measures were in place to deal with this event. 

The sub-committee felt that the applicant would have benefitted from co-ordinating with the Bermondsey Street festival in their temporary event notice application as the sub-committee would then have been able to consider the event and its effect on the local community and the event patrons more fully.  The sub-committee would invite the applicant to consider making such efforts for any future applications. 

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.