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 conditions of the premises licence.  
 
The
Premises Licence shall be subject to the following new and modified
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. The NMP shall include
measures:
 

·       
To
prevent unreasonable noise escape from the premises.  

·       
Ensuring
hourly sound checks of the external area of the premises to monitor
sound levels throughout events to mitigate complaints of noise and
nuisance.
 

·       
To
manage patrons leaving the venue
 

·       
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.
 

2.   
A noise limiter shall be installed 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.   
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.
 

4.   
Condition 20 within Annex 2 of the Premises Licence
shall be amended by the addition of “to local residents and
businesses” after the word “nuisance” 
 

5.   
Condition 23 within Annex 2 of the Premises Licence
shall be amended as follows: “A revised Dispersal Policy
shall be adopted by the Premises Licence holder within 28 days of
this decision coming into effect, and all staff shall receive
training every 6 months in the implementation of the Policy. The
Policy shall be adopted in consultation and in accordance with
recommendations of the Licensing Authority and the Police. The
Policy shall include specific measures for the dispersal of patrons
when the premises close daily to prevent noise and nuisance to
residents. The Policy shall include measures to inspect the
external areas of the premises to discourage and prevent loitering
outside the premises during the hours the premises are open to the
public and 30 minutes after the premises close. The inspections of
the external areas shall take place at least every 30minute
intervals.
 
Basis
of Decision
 
The LSC heard submissions from
the applicant for review of the licence, who highlighted the
incidents of noise, nuisance, shouting and screaming by patrons of
the premises at their entrance and the street outside. There were
incidents of young people blowing ballons and breathing nitrous
oxide. Incidents of noise and nuisance on 8/9, 15th and
16th August 2025, and 12/13 September 2025 were
highlighted to the LSC The Applicant further provided details of
parties continuing until 5am,  and loud
music from the premises causing noise and disturbance and
preventing sleep.
 
When asked why other residents
had not complained, the applicant stated it was not for her to
explain why they had not, and that the LSC did not have to believe
her but to simply watch the CCTV for the premises. Further, other
residents may not have complained because they are patrons of the
premises, some residents maybe ashamed
to call someone to come and witness nuisance, and people do not
trust the system and have been let down by the Council’s
Community Protection Team.
 
The Applicant was clear that
the noise, nuisance, shouting and screaming was and is by patrons
of ChiChi Dishes as she can see the
premises from her window. There are 2 other premises but she has
not experienced nuisance from one of them.
 
The Applicant submitted that
the Licensing Report summary did not detail all of her complaints
to the Council’s Community Protection Team via the Portal and
telephone. The CPT response has been that the complaints are
dismissed by email. Officers do not always attend when the noise
and nuisance is taking place or attend too late to witness it, as
on 13th December 2025.
 
The Applicant had also called
the police on a number of occasions including in August 2025 and
other dates but the police had failed to attend or take
action.
 
The LSC noted the breach and
non-compliance of the licence conditions by the licence holder
notwithstanding the licence holder’s statements that the
licensing objectives have been diligently upheld by
her.  The police inspection of the
premises clearly sets out non-compliance with 6 conditions of the
premises licence including condition 10 relating to private
parties, CCTV, condition 11 in respect of staff training, condition
12 relating to the maintenance of a Refusals Log, condition 14
relating to the Drugs Policy, and condition 18 in respect of SIA
door supervisors and risk assessments of regulated entertainment
events at the premises. 
 
The LSC noted that there is
evidence of noise and public nuisance associated with the premises
and patrons loitering outside the premises including being under
the influence of alcohol.  
 
The licence holder stated she
had now introduced strict control on music and windows and doors
are kept closed.  The Licence holder did
not answer the LSC question regarding installing an acoustic lobby
to prevent escape of noise, and whether condition 23 in respect of
the Dispersal Policy was complied with.
 
The applicant submitted that
there are 2 types of music noise, firstly when patrons enter or
leave the premises and secondly loud music from specific events and
parties held at the premises when the music is too loud such that
an acoustic lobby will make no difference.
 
The LSC were of the view that
there is public nuisance associated with the premises and the
conditions of the premises licence have been modified
accordingly.
 
The LSC does not have remit to
consider parking in the street, however, the licence holder is
advised to encourage patrons to park considerably, not cause
obstructions of the street, and to use public
transport. 
 
Any party aggrieved by the
decision of the Licensing Sub-Committee may appeal to the
magistrates’ court within 21 days.