Content

RESOLVED:
 
The decision
 
The Licensing Sub-committee, in considering
this decision from the information presented to it within the
report and at the hearing today, 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 upon consideration of the
‘objection’ given by the Environmental Protection Team,
decided that it was not appropriate to issue a Counter Notice.
 
Reasons for the
decision
 
The Sub-committee took into consideration the
objection received from the Environmental Protection Team to the
Temporary Event Notice for the period on 14/09/2024 from 02:00
finishing on 15/09/2024 at 05:00, which contended that this event
would undermine the licensing objectives, on the grounds of the
prevention of public nuisance.
 
The Sub-committee took into consideration
representation from the Environmental Protection Team who objected
to this Temporary Event because the premises continues to receive complaints from nearby
residents alleging disturbances from loud music and patrons talking
loudly. The most recent complaint about the premises was received
on the 26th of July 2024 at 21:56 hours. The Environmental
Protection Team is aware that the premises have no planning
permission for use of the premises after 23:00 hours and if the
Temporary Event was granted the premises could be liable for
enforcement action by the Planning Authority.
 
The Sub-committee took into account that the
Environmental Protection Officer confirmed that the noise complaint
made on 26th July was not a statutory nuisance. 
 
The Sub-committee took into account that the
premises are located in the middle of a residential area, and that
the Premises User had installed a noise limiter and with their
staff the back of the premises was being managed to prevent noise
nuisance. It
was noted that the smokers were situated at
the rear of the premises.
 
The Sub-committee took into consideration that
the Temporary Event Notice was for two separate private events
extending the premises licence from 02:00 to 05:00 on each day. The
Premises User’s legal representative contended that these
events should not result in noise breakout following the work that
has been carried out at the premises to prevent noise nuisance. The
Sub-committee noted that the premises had a Dispersal
Policy.  The Premises User’s legal
representative made representations that the premises had been
operating until 02:00 without complaint, and the Premises User has
tried to reach out to local residents about the noise issues.
 
The Sub-committee also took into consideration
that the Premises User had previous Temporary Events that were
granted and carried out.
 
The Sub-committee felt that the Environmental
Protection Team on this occasion did not provide sufficient
evidence to prove that there was a statutory nuisance and that the
Temporary Event would undermine the licensing
objectives. 
 
Having taken the above representations into
account the Sub-committee decided not to issue a Counter
Notice.