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 refuse to grant the
application.
 
 
 
Basis of
Decision
 
The
LSC gave full regard to the submissions for the applicant including
the proposal to be small scale, consultation having been taken with
the town centre managers and how the licence will be used. The LSC
noted the submission that there had been no complaints received
since 29th March 2024. However, evidence was later
received of 2 complaints being made on behalf of residents by a
ward councillor. 
 
The
LSC gave due weight and consideration to there being no
representations from Environmental Health or any other Responsible
Authority.
 
In
reaching it decision the LSC fully considered the location and
vicinity for the proposed licensable activity, being within a very
busy locality and immediately adjacent to a national tourist
attraction. The LSC heard compelling evidence of the existing
noise, disturbance and public nuisance within the vicinity,
including from the market and recorded music being played by market
stallholders for long periods of time. The evidence before the LSC
included evidence of residents not being able to use their premises
without being disturbed by noise and music, not being able to work
from home and one resident’s health being particularly
affected by the existing noise and public nuisance. The LSC noted
that the evidence from submissions of residents who have been
living in the locality for decades, and those more recently in the
area, was of an ongoing increase in the levels of public nuisance,
noise and disturbance impacting upon daily living.  
 
The
application is for the playing of recorded and live music being for
weekends and bank holidays, and whilst noting the applicant’s
intention to only allow music for 15-minute slots, each hour, the
application is to play music for 4 hours on Friday, Saturday and
Sunday each weekend and bank holidays. The proposed location of the
music is only 20 metres, or maximum of 30 metres if the location
for the music was moved, from residential premises. The LSC did not
consider that the proposed condition regarding noise being
monitored and maintained at 65Db would prevent an increase in
disturbance and public nuisance to residents. There is already
existing disturbance to residents from recorded and amplified music
and the extensive numbers of visitors to Cutty Sark Gardens and the
locality. 
 
The
LSC gave no weight to the Applicant’s submissions regarding
commercial considerations relating to the market, the LSC properly
restricted itself to the 4 licensing objectives.      
 
The
LSC gave due weight to the premises for the licensable activities
being within a cumulative impact zone. The CIZ being in force
places the onus on the Applicant to demonstrate that the proposal
will not adversely impact upon the 4 licensing objectives and in
respect of this application that there would not be further noise,
disturbance and public nuisance to the residents.  The LSC noted that the locality is also subject to
a Public Spaces Protection Order which prohibits consumption of
alcohol in unlicensed public areas. Such orders are introduced to
limit impact of activities which are having a detrimental effect on
the quality of life of those in the locality, which usually
comprises public nuisance and related anti-social
behaviour.
 
Any
party aggrieved by this decision may appeal to the
magistrates’ court within 21 days.