Content

The Licensing Sub-committee in considering
this decision from the information
presented to it within the report and at the
hearing on 18th January 2024 has
determined that having regard to the promotion
of all the licensing objectives:
 
? The prevention of crime and disorder;
? Public safety;
? Prevention of public nuisance;
? The protection of children from harm;
 
the application for a premises licence has
been refused in accordance with Licensing Policies LP1, LP2, and
LP6 within the Council’s Statement of Licensing Policy.
 
Reasons for the
decision
 
The Licensing Sub-committee, having heard and
carefully considered the
representations from the Licensing Authority
and Other Persons (local residents) believed that granting the
application would result in the licensing objectives being
undermined, and would have a negative impact on the area. 
 
The Sub-committee took into consideration the
representations of 11 Other Persons (local residents) who objected
to this application due the impact it would have on local residents
and the excessive noise nuisance that this event would
generate.
 
The Sub-committee carefully considered the
representations made by the Applicant, and the Applicant’s
legal representative, and they noted that the Applicant did not
allay the concerns raised by the local residents and the Licensing
Authority.
 
The Sub-committee felt that the Applicant
needed to consider the impact of the
music on the local residents that live close
to the premises. The Sub-committee felt that the Applicant needed
to review their application and consider how to prevent noise
nuisance. The Sub-committee took into consideration that the number
of people attending the events would be high, over 2500 people,
which would result in excessive noise in the area.
 
The Sub-committee took into consideration that
the Applicant is capable of running a safe and good event, and that
they are experienced operators. However, the noise nuisance that is
likely to arise from the events and the duration of the events are
unacceptable in a residential area. The Sub-committee felt the
music would be too loud and would have a severe impact on local
residents who live close to the event location. The Sub-committee
felt that the Applicant needed to consider low intensity events
that would end around 6 pm instead of until 10 pm for a one-day
event. The Sub-committee felt that eight days for the events is
unreasonable and excessive given the high level of noise and
disturbance that would impact local residents.
 
The Sub-committee took into consideration the
representations made by the local residents about the impact, the
event held in 2023, had on them in their homes which they tolerated
at the time because they believed it would be a one off event for a
celebration. The local residents did not expect such an event, with
the level of loud music, to be held regularly and for so many days
due to the impact it would have on their home lives.
 
The Sub-committee took into consideration that
no tests were provided to show how the previous event held in 2023
was carried out and the impact at the time on the area.
 
The Sub-committee felt that the location of
such an event should not be so close to a residential area, and it
was an unsuitable location for such an event of this size and
nature.
 
The Sub-committee felt that public nuisance is
a major issue that all event holders need to take into
consideration when planning events of this nature. It was clear to
the Sub-committee that the Applicant had not fully considered the
impact on the residential area and had not carried out the required
testing for noise. The Sub-committee felt that the applicant needed
to engage with local residents to work out what would be best for
the area when holding such events to prevent noise nuisance.
 
The Sub-committee took into consideration that
the Applicant had a Noise
Management Plan. However, the Applicant had
not presented any data and
evidence as to how the noise was managed. The
Sub-committee felt that there was an absence of how the Noise
Management Plan data could be handled.
 
The Sub-committee did recognise that the
Applicant is a good indoor venue
operator. However, this application undermined
the licensing objectives. The Sub-committee could not find a
compromise following the representations made objecting to this
application.
 
The Sub-committee took into consideration when
refusing this application that each case is considered on its
merits. The Sub-committee believed that the licensing objectives
could not be promoted by granting this application for a premises
licence, and as such believed it was appropriate to refuse the
application in its entirety.
 
Public
informative
The Applicant is advised to consider a low
intensity event in the future and to work with local residents and
the Environmental Protection Team to prevent noise nuisance in the
area.
 
Your right to
appeal
 
If you are aggrieved
by any term, condition or restriction attached
to this decision,
you have the right to appeal to the Thames
Magistrates Court,
58 Bow Road, London E3 4DJ within 21 days
of the date you
receive this written decision.