Content

 
In reaching its decision, the
Licensing Sub-Committee (“LSC”) considered the
Council’s Statement of Licensing Policy, the Licensing Act
2003, the Regulations made thereunder, and the Guidance issued by
the Secretary of State under S.182 of that Act. In discharging its
functions, the LSC did so with a view to promoting the licensing
objectives of the prevention of crime and disorder, public safety,
the prevention of public nuisance and the protection of children
from harm. 
 
Having considered all written
representations, evidence, and oral submissions, the LSC resolved
to modify the times for licensable activities and conditions of the
premises licence.  
 
Permitted hours for Licensable
Activities:
 
Sale and supply of alcohol:
Sunday to Friday, 11.00 hours to 23.00 hours
                                      
         Saturday from 11.00
hours to Midnight
         
Live Music, Recorded Music,
Indoor Sporting Events, Boxing or Wrestling, Dance, Plays, and
Films:
Sunday to Friday from
11:00hours to 23:00hours
Saturday from 11:00 hours to
Midnight
 
Late Night
Refreshment:
Saturday from 23:00 hours to
Midnight.
 
Opening Hours of
Premises:
Sunday to Friday, 09:00hours to
Midnight
Saturday from 09:00 hours to
00:30 hours the next day.
 
The Premises Licence shall be
subject to the following additional conditions:
 
1.       A Noise Management
Plan (NMP) shall be prepared by the licence holder, and agreed with
Environmental Health, within 42 days of this decision coming into
effect (or a later time by agreement between these parties). The
NMP shall include measures:
To prevent unreasonable noise
escape from the premises.
Ensuring hourly sound checks of
the perimeter of Borough Hall to monitor sound levels throughout
events to mitigate complaints of noise nuisance.
To manage customers arriving
and leaving the venue (including staff deployment).
To ensure the use of a noise
limiter and/or other noise attenuation measures.
To reduce noise, obstruction or
other nuisance related to customer vehicle use or commercial
deliveries.
 
2.       A noise limiter must
be fitted to the musical amplification system and maintained in
accordance with the following criteria:
 
The limiter shall be set at a
level which is to the satisfaction of an authorised Environmental
Health Officer, so as to ensure that no noise nuisance is caused to
local residents or businesses.
The operational panel of the
noise limiter shall then be secured by key or password to the
satisfaction of an authorised Environmental Health officer and
access shall only be by persons authorised by the Premises Licence
Holder.
The limiter shall not be
altered without prior written agreement from an Environmental
Health Officer.
No alteration or modification
to any existing sound system(s) shall be affected without prior
knowledge of an Environmental Health officer
 
3.       No noise generated
on the premises, or by its associated plant or equipment, shall
emanate from the premises nor vibration be transmitted through the
structure of the premises which gives rise to a
nuisance.
 
4.       The licence holder
shall convene quarterly resident meetings at the premises where
issues can be discussed with a view to resolution. The date and
time of each meeting shall be publicised to local residents and
Ward Councillors. In the event that representatives of local
residents are of the view that the meetings can take less
frequently the frequency can, by agreement, be reduced.
 
5.       That a comprehensive
waste management plan be implemented as agreed with an
Environmental Health officer (or other officer of the Council
nominated by Environmental Health).
 
6.       That loading and
unloading of commercial supplies or equipment to or from the
premises is restricted to between 8am-10pm Monday to Sunday. Such
loading and unloading is to be supervised by a member of staff
wherever reasonably practicable.
 
7.       Existing condition
27 of the premises licence shall cease to apply. 
 
8.       Pursuant to section
177A(4) of the Licensing Act 2003, any conditions on this premises
licence relating to live or recorded music are to apply and have
effect notwithstanding the terms of section 177A and paragraph 12A
of Schedule 1 to the Licensing Act 2003.
 
9.       At least one parking
marshal shall be on duty from 6pm until the event is closed and
dispersal is complete. The marshal shall operate on Peyton Place
and their role shall be to advise patrons on responsible parking
and to minimise noise and disruption during guest arrival and
departure.
 
 
Basis
of Decision
 
The LSC heard submissions from
the applicant from review of the licence, Cllr. Slattery who read
out a prepared statement of submissions. Public nuisance by way of
noise, loud music,  and when the
premises closed was highlighted and submitted to be on a
significant scale. There had been 2 mediation meetings with the
licence holder which had not translated into any change in the
public nuisance originating and associated with Borough Hall. The
review was not seeking a revocation of the premises
licence.
 
The public nuisance comprised
of amplified music, loading and unloading of equipment at all times
of the day and night, and from patrons smoking outside, the noise
can be heard inside residents’ homes. The disturbance after
the premises close is noise from cars, taxis, people saying
goodbyes, car horns upto 2am at night
is not conducive to sleep. The promises made in January 2025 when
the premises licence was granted and at mediation meetings have not
been kept by the operators, waste and rubbish from the premises is
an issue. There is associated ASB and intimidation with and patrons
of the premises, with police being deployed and concerns for the
welfare of children. 28 complaints made by residents to the council
of noise and loud music nuisance including in November
2025.  The problems are related to the
evening and nighttime activities at Borough Hall. 
 
Those supporting the premises
are not within the local vicinity and not directly affected, some
as far as in Dartford. The locality is overwhelmingly residential,
and the premises will shortly be surrounded on all sides by
residential occupiers with 70 new homes being built. The business
model for Borough Hall is for a nighttime economy, however, the
premises are in the wrong place being within a residential
locality.
 
Cllr Smith submitted that the
mediation meetings had failed, and the public nuisance continues,
with significant impact on residents in Peyton place. It is
appropriate that a reduction in hours to 9pm apart from 2 Saturdays
each month is sought. The proposed new dispersal policy will not be
effective, marshalls cannot follow cars
and make people move on, it was gridlock on 29th November 2025. The
pulse dispersal strategy has failed.  
 
The LSC heard submissions from
Environmental Health which confirmed 29 complaints from residents
upto 15th November 2025, statutory
nuisance had been observed in March 2025 and a warning was sent to
the premises. A noise limiter would help to mitigate the impact of
the loud music.
 
The LSC heard submissions from
residents of detriment to those living in the vicinity, loud music,
ASB, litter, waste from premises and patrons, disturbance when the
premises close and patrons leaving shouting, loitering, noise from
cars and taxi’s, loud talking. Intimidation from patrons.
Actions by the premises have not been effective or have permitted
the behaviours by its patrons. Not all incidents have been reported
to the Council and the premises have not undertaken repairs to the
building to prevent the escape of noise, despite commitments to do
so.  
 
The Submissions from counsel
for the Licence holder conceded that the capacity of the premises,
800 persons, will have an impact on the locality. The bringing back
into use of the Borough Hall is in the public good. A cut in the
licensable hours or a suspension of the premises licence will close
the premises and a loss of 60 jobs. The removal of nighttime use of
the premises will lead to the closure of the premises. The
residents in Peyton Place did not want the licence holder to be
operating from Borough Hall and have raised the same complaints as
at the hearing in January 2025 when the premise licence was
granted. That there was no substances to the complaints from the
residents, they can all be explained away, one had even complained
before becoming a resident in the locality. The LSC also heard
representations from a supporter of the premises who stated that
there was not the noise or disturbance that had been detailed in
support of the review application.
 
The LSC gave due weight to the
submissions for the licence holder. The LSC reject counsel’s
submissions regarding the residents in the vicinity not wanting the
licence holder to be operating from Borough Hall. The complaints
are all properly brought in respect of the licensing objectives. If
the impact of those attending events at the premises is causing
public nuisance, ASB and impacting upon the 4 licensing objectives,
then clearly the licence could be modified. The evidence in support
of the licence holder was of negligible value in assisting the LSC
in considering its decision and could not be believed.
 
The commercial viability of the
premises was not of primary consideration for the LSC, its decision
must be in accordance with the licencing objectives.
 
The offer of conditions by the
licence holder, other than reduced hours, as sought by the review
applicant, clearly indicated that there was public nuisance and
disturbance within the vicinity and locality associated with
Borough Hall.
 
Any party aggrieved by the
decision of the Licensing Sub-Committee may appeal to the
magistrates’ court within 21 days.