Content

The Licensing Sub-committee in considering
this decision from the information presented to it within the
report and at the hearing on 30th July 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, LP3
and LP4 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 Metropolitan
Police Service (“the Police”), the Licensing Authority
and 14 Other Persons (local residents) objecting to the
application, and believed that granting the application would
result in the licensing objectives being undermined, and it would
have a negative impact on the area.
 
The Sub-committee took into consideration the
representations of Other Persons
due the impact it would have on local
residents and the excessive noise nuisance that the premises would
generate.
 
The Sub-committee noted that there were no
issues with the temporary event notices. The Sub-committee took
into consideration that this was a new licence holder, they took
into consideration the noise issues and that other complaints were
previously made.
 
The Licensing Authority made representations
that the premises suffers from historic issues and the impact on
the local area and on local residents. The Sub-committee took into
consideration that the premises are not accessible by public
transport, transport needs to be by car usually, and the concerns
were about traffic and undermining the licensing objectives.
 
The Sub-committee took into account
representations from the local residents about the historical
nature of the premises concerned and the complaints. The
Sub-committee noted that it is a drive to location that suffers
from late night hours. The cars parked up in a residential area
late at night and disturbed the sleep of local residents. The
Sub-committee noted one family had to move due to the late night
disturbance. The local residents made submissions that the hours
should not be extended as late as they are seeking in this
application. The Sub-committee noted that the late hours resulted
in cars being parked up and associated nuisance such as slamming of
doors, music noise and shouting. The disturbance to local residents
will go on for hours. Submissions were made that there was no
public transport after midnight in the area. In the streets there
are people fighting and causing antisocial behaviour on the
doorstep of local residents. The premises already have sufficient
hours on the licence. The local residents felt there is no respect
for local residents in the area.
 
The Applicant made representations that since
September 2023 there has been a change in the management at the
premises and it no longer is operating under the previous
management. The Applicant made submissions that there was no
evidence about the issues raised. The Applicant is prepared to talk
with local residents of any complaints, however they were not made
aware of any previous complaints or problems prior to this hearing.
The Applicant is prepared to engage and work with local residents
to ensure no problems are arising in the future.
 
The Sub-committee decided to refuse the
premises licence after hearing from local residents and the impact
that the premises will have on the area. The Sub-committee felt
that the Applicant needs to engage with the local residence to
resolve any outstanding issues to prevent any noise nuisance,
anti-social behaviour, and disturbance to local residence. In
particular, the impact on families sleeping late at night.
 
The Sub-committee felt that the Applicant
needs to review their application to be more proactive about
concerns relating to the premises and provide mitigating factors.
The Sub-committee had concerns about antisocial behaviour and the
impact on local residents and people leaving the premises late at
night which created disturbance for local residents. The
Sub-committee took into account evidence from the Police that the
cars coming and going were associated with this premises not other
premises.
 
The Sub-committee was not persuaded that the
licensing objectives would not be undermined and there were not
enough mitigating factors to overcome the concerns of local
residents. The Sub-committee felt that the application was not well
thought out and the hours were not reasonable, and the hours went
beyond the core set out in the Licensing Policy LP3.
 
The Sub-committee noted that the Applicant is
an experienced operator. However, the Sub-committee felt that the
proposed premises did not give enough confidence that the public
nuisance objective would not be undermined.
 
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 to vary a
premises licence, and as such believed it was appropriate to refuse
the application in its entirety.
 
 
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.