Decision Maker: Licensing Sub-Committee B

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 17, 2024

Purpose:

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 that the  3 applications be refused and Counter Notices be issued. Basis of Decision The Premises Licence holder did not attend the hearing nor was he represented, and the hearing proceeded in absence. The LSC were satisfied that the Licence holder had been informed of the hearing and had been provided with details of the online hearing and joining instructions. No messages had been received from the licence holder prior to the hearing regarding any difficulties with attending the hearing.  The LSC received submissions from environmental health officers explaining attempts to engage with the licence holder regarding the noise and public nuisance caused and associated with the licenced premises. It became clear to the LSC that the Licence holder was refusing to acknowledge the noise and nuisance. The LSC heard evidence that the licence holder was aware of the service of the noise abatement notice and ignored and disregarded it, and officers again witnessed statutory noise nuisance on 8th December 2024. The LSC heard that it became impossible to have a discussion with the licence holder, Bankole Jones, on 8th December 20204, when he accused officers of being biased and was also abusive and swearing.    The LSC gave significant weight to the written representations and oral evidence by environmental health officers. The LSC were further concerned at the extreme nature of the loud amplified music witnessed by officers from residential premises with floors and walls vibrating and how officers witnessed furniture vibrating and a chair “rolling” along the floor because of the loud amplified music and noise from the licensed premises. The LSC were satisfied that the conditions attached to the premises licence were being breached and licensable activities taking place outside permitted hours. The LSC were further satisfied that the premises, on the basis of the evidence before them, were not operating as a restaurant and in breach of the premises licence, and significant noise and public nuisance was being caused from the premises. The LSC resolved that Counter Notices be served and the 3 TENs applications stand as refused.    Any party aggrieved by this decision may appeal to the magistrates’ court within 21 days. But no appeal may be brought later than five working days before the day on which the event period specified in the temporary event notice begins.