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 the application to
vary the premises licence.
 
 
 
Basis of
Decision
 
The
variation application sought to extend the hours for licensable
activities from 9.30pm to 11pm or midnight on various days of the
week. The agent for the applicant confirmed that the application
was amended, and conditions agreed, as recommended, in response to
the written representation by Environmental Health.
 
The
application also sought permission for off sales of alcohol,
however, this was qualified by the agent for the applicant that off
sales of alcohol were only for consumption on the front terrace of
the premises.
 
The
agent’s submissions regarding the law and statutory guidance
were noted and given appropriate weight.
 
The
agent’s reference to the crime statistics in the locality
within the last 6 months was noted with due regard and given
appropriate weight.
 
It
was noted that the premises are used for and benefit the community
and has a charitable status.
 
The
agent’s submissions regarding residents never liking the club
and not wanting it in the locality was not evidenced and plainly
wrong. Indeed, those objecting to the substantive application
supported the club and the community work it engages in. What the
residents did oppose was the noise and public nuisance, crime and
disorder associated with the premises and the negative impact on
their daily living.
 
In
reaching its decision the LSC noted the history of the premises
from 2022 but more pertinently considered the existing conditions
of the premises licence, the Temporary Event Notices (TENs) in 2023
and in 2024, and the evidence of ongoing noise, public nuisance and
anti-social behaviour associated with the premises.
 
The
LSC heard compelling evidence from councillors and residents of the
ongoing noise and public nuisance from the premises including when
TENs were in force. There was also clear evidence of licensable
activities being carried on without lawful licence or
authorisation, or events going beyond permitted hours late into the
night. Examples being conditions 11 and 18 within Annex 2 of the
licence for the car park not being complied with, patrons
loitering, yelling, playing car radios and talking loudly and
disturbing residents and children. The TEN application, for
6th August 2023, was withdrawn but the event proceeded
with loud music audible in residential premises. Similarly, an
event continued beyond permitted hours on 15th July
2024, with accompanying anti-social behaviour, and disruption in
the locality, noise and loud music being played. The schedule of
complaints within the report to the LSC were given proportionate
and proper weight by the LSC. The evidence from the Councillors and
residents, being 54 written representations opposing the
application, and oral submissions during the hearing, was clear
evidence of the continuing nature of the public nuisance,
anti-social behaviour and crime and disorder associated with the
premises and ongoing breaches of the licence
conditions.      
   
 
The
Applicant’s Agent’s submissions regarding the
categories of complaints and being individually de minimis in
numbers over a period of time, were noted. However, the LSC, in
reaching its decision, considered the cumulative impact of the
ongoing public nuisance and crime and disorder associated with the
premises.
 
Submissions that the applicant has made improvements since 2022,
were welcomed by the LSC, however, the licence holder and operators
of the premises are under a lawful obligation to comply with the
licence conditions and to promote the licensing objectives, it is
not something that is voluntary or optional.
 
The
evidence from Environmental Health was that there were still
complaints of noise and loud music being received, although not at
the same high levels as in 2022. Whilst the noise abatement notice
may not have been witnessed to have been breached, for statutory
nuisance, that did not translate into there being no public
nuisance, noise and disturbance to residents. The LSC heard
evidence of noise being tolerated by residents, up to a point when
it was in the early evening and there was evidence of complaint
fatigue given the ongoing noise, public nuisance and crime and
disorder associated with the premises since 2022.
 
The
application for off sales of alcohol, even for consumption on the
outside front terrace, was not considered to be appropriate given
the subsisting noise and public nuisance and anti-social behaviour
and drinking outside the premises and to grant the application
would not promote the licencing objectives.
 
The
LSC whilst noting that the premises are also used for fund raising
activities for sporting events, as well as private hire, the LSC
cannot take into consideration commercial matters, they are not a
licensing objective, and must be disregarded. It was also clear
that when the premises are let out for private hire, that there are
no effective management controls in place to promote the licensing
objectives.
 
The
LSC considered that to grant the variation application would not
promote the licensing objectives and specifically the prevention of
public nuisance and prevention of crime and disorder.
 
Any
party aggrieved by this decision may appeal to the
magistrates’ court within 21 days.