Agenda item

The licensing officer presented their report and informed the meeting all parties had conciliated, except for the residents.  Members had 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.

Both parties were given an opportunity for summing up.

The meeting went into closed session at 1.20pm.

The meeting resumed at 2.55pm 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 a temporary event notice (TEN) served by Miss Melodie Mavoungou in regards to an event to be held at Luxford Bar Limited, 610 Old Kent Road, London SE15 1JB between 21:00 on 8 October 2016 and 02:00 the following day.

Conditions

The sub-committee decided that it is necessary that all of the conditions of the premises licence be attached to this temporary event notice.

Reasons

This was a temporary event notice given by the premises user, Miss Melodie Mavoungou, in regards to an event to be held at Luxford Bar Limited, 610 Old Kent Road, London SE15 1JB between 21:00 on 8 October 2016 and 02:00 the following day.

The premises user acknowledged the abatement notice which was served on the premises in respect of noise nuisance in May 2016. The premises user informed the sub-committee that they had implemented several changes in order to improve the operation of the premises with particular emphasis on the prevention of noise nuisance.

The premises user stated that they had increased the security of the noise limiter and stated that the previous issue with regards to noise was as a result of the spekaers being situated on the floor causing a bass noise. They had since removed these and had invested in more appropriate speakers which hang from the ceiling.

The premises user provided an event plan outlining the steps they intended to take in order to ensure that the event operated responsibly and in accordance with the licensing objectives and also showed the committee the flyer that had been posted to all local residents with contact details of the premises user thereby providing a dedicated contact number in order to try to work with the residents.

The premises user stated that the event was for a private party whereby alcohol and food would be served and they had a guest list detailing the names of all attendees. The premises user assured the sub-committee that they would be adhering to all existing licensing conditions and they were confident that the measures put in place would assist in reducing any negative impact on public nuisance.

The sub-committee heard from the environmental protection officer who raised objections to the temporary event notice on the grounds that allowing the event to proceed would undermine the prevention of public nuisance licensing objective.

The environmental protection officer informed the sub-committee that a noise abatement notice was served on the premises on 6May 2016. The officer stated that following this an environmental protection officer had witnessed a breach of the abatement notice on 22May 2016. A further complaint in respect of noise nuisance emanating from the applicants premises was also received on the 1June 2016 but they had not been able to witness the noise on this occasion as an officer did not attend the premises.

The officer informed the sub-committee that there was a forthcoming prosecution against the applicant in respect of an allegation of a breach of the abatement notice which was served on 6May 2016.

The officer stated he had now received the event plan and that whilst he was not totally confident that the premises user understood their responsibilities he was satisfied with the steps detailed within the contents of the event plan. 

The sub-committee, having considered all the evidence both written and oral, considered that the steps taken by the premises user satisfied the sub-committee that the premises user would operate the temporary event responsibly and in accordance with the licensing objectives.

In reaching this decision the sub-committee had regard to all the relevant considerations and the licensing objectives and felt that this was an appropriate and proportionate decision in order to address the 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 police or 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.