Decision

RESOLVED:

The decision

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing 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; and

• The protection of children from harm,

and in particular the prevention of public nuisance, made the following determination:

To Modify the conditions of the premises licence with the following agreed condition:

·  There shall be no more than 10 smokers outside the premises at any one time.

Reasons for the decision

The Licensing Sub-Committee after considering the application to review the premises licence on the grounds of the prevention of public nuisance, and after hearing from the Premises Licence Holder together with the supporting evidence presented to them, decided to modify the conditions attached to the licence,

The Sub-Committee took into consideration that the Licensing Authority, Environmental Protection, and one local resident made objections on the grounds of public nuisance. The Licensing Authority had received complaints since July 2019. The Sub-Committee noted that the Police made no representations.

The Sub-Committee took into consideration representations from the Applicant is a local resident on the 4th floor of a 4 storey block of flats. They have complained of persistent noise nuisance and noise issues since 2019. The noise issues included noise in the external. They contacted the Council’s Noise Team and a noise log has been maintained since mid 2019. They wanted to see a limit on the capacity of patrons seated in the garden area and they want a limit on smokers outside the premises.

The local resident maintained that they did hear noise on the dates that they had submitted in their application, and that the Environmental Protection Officer had not visited their house to check the level of noise that they were experiencing. However, it was acknowledged by the Premises License Holder that there was a problem and they carried out the soundproofing. The local resident maintained that all the evidence presented in their logs and the representations at the hearing were accurate in respect of the noise nuisance that they experienced which did cause a great deal of disturbance to them.

The Sub-Committee heard representations from the Premises Licence Holder stating the premises is not a nightclub. They are a public house that holds DJ nights. The representative for Premises Licence Holder contended that the committee could not rely on noise evidence obtained 1 year ago.

The Premises Licence Holder contended that the level of disturbance could not be determined particularly after the soundproofing had been installed.

The Sub-Committee heard that the premises had no roof area, and they had carried out sound proofing works. The Environmental Protection Officer has attended the premises in the past and found no noise or noise issues. They also tested sound levels outside the premises and found it was quiet.

The Premises Licence Holder confirmed that customers were advised to leave quietly and that they had sound absorption material which had been used and they have SIA door security staff who control customers leaving the premises.

The Sub-Committee, having considered the evidence, decided that there was not sufficient evidence that there is an ongoing noise nuisance coming from the premises, and that the premises licence should be revoked.

The Sub-Committee carefully considered representations from the local resident that they had been experiencing noise nuisance for some time and made complaints to the Council since 2019. However, since then the circumstances have changed. The premises has had sound proofing work done.

The Sub-Committee noted that before the extensive sound proofing works the complaints were not actionable.

The Sub-Committee has noted the Council’s Noise Team received complaints in 2019 but not received complaints from the local resident making this Application. The Noise Team tested sound levels outside the premises and found it was quiet.

The Sub-Committee noted that before the extensive work was carried out the complaints were not actionable. The Sub-Committee took into consideration that the Environmental Protection Officer had been out and measured the noise level and there were no concerns.

The Sub-Committee noted that the noise officer had been there in the past and found no noise. It was noted that the noise officer received seven complaints and these complaints were investigated on the 1st of December 2019 and found that the person could sleep.

The Sub-Committee took into consideration the log of complaints provided from the local resident to the Council going back to 2017. The local resident was not certain at the time whether the premises were going to close or continue to operate.

The Sub-Committee took into consideration that the local resident made representations that they heard loud music late at night when they were trying to sleep and this caused them a great deal of distress and disturbance over a period of time.

The Sub-Committee took into account that the local resident made representations that loud music started at 09:00 in the morning. The local resident made representations that they have evidence going back to 2017 of noise nuisance and that they could hear music in their bedroom.

The Sub-Committee heard that the Environmental Protection Officer found that the noise was reasonable and it did not amount to a statutory nuisance. Therefore the Environmental Protection Officer made no recommendations.

The Sub-Committee noted that the Environmental Protection Officer was content to allow the licence to continue as it was not appropriate to take action at this time.

The Sub-Committee felt there is not sufficient evidence of noise nuisance and the level of noise to make a decision on the appropriate action to take. It was noted that the premises are currently closed and not trading due to the Coronavirus.

The Sub-Committee sympathised with the local resident’s circumstances and the impact late at night however there was not sufficient evidence presented to them that there was a statutory nuisance on which they could take action. The Sub-Committee hoped that the premises would work with the Environmental Protection Team to prevent any noise nuisance in the future.