Decision Maker: Licensing Sub Committee E

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 12, 2024

Purpose:

Content: Counter Notice (Temporary Event Notice for 31st December 2024)   RESOLVED: 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 upon consideration of the ‘objection’ given by the Metropolitan Police Service, is satisfied that the proposed event would undermine the licensing objectives. Therefore, the Sub-committee has decided to serve a counter notice.   Reasons for the decision   The Licensing Sub-committee took into consideration the objection received from the Metropolitan Police Service (“the Police”) to the Temporary Event Notice for the period from on 31/12/2024 from 00:00 finishing on 31/12/2024 at 04:30, which contended that this event would undermine the licensing objectives, on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance.   The Sub-committee took into account representations from the Police that they had no confidence that the licensing objectives would be upheld following the recent review of the premises licence in relation to a serious incident. In addition the Police made representations that the premises had a poor search procedure and that there had been at least 15 conditions on their license which are alleged to have  been breached. The Police contended that the Premises User needed to demonstrate over a period of time that they can operate the premises responsibly and comply with the the premises licence.   After hearing the representations from the Police and the Premises User, the Sub-committee took into consideration the alleged breaches of the premises licence and the recent serious incident. The Sub-committee took into account the Police concerns about crime and disorder, public safety, and public nuisance for holding an event on New Year’s Eve would undermine the licensing objectives on such a busy night of the year even for a private event.   The Sub-committee felt that the premises needed time to rebuild their security requirements and to demonstrate compliance with the conditions on their licence.   The Sub-committee were not persuaded that the Premises User demonstrates that they could comply with the conditions on their licence to the satisfaction of the Police. The Sub-committee took into consideration that the premises are situated near a residential area.   The Sub-committee felt the Police evidence was strong on why this temporary event should not take place. The Sub-committee were also concerned that there was no Designated Premises Supervisor in place. The Sub-committee felt that the Premises User needs to work with the Police and the Licensing Authority improving the operating procedures of the premises.   The Sub-committee therefore considered that allowing this event to take place in accordance with the Temporary Event Notice would undermine the licensing objectives. The Sub-committee decided that it was necessary and proportionate to issue a counter notice.