Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 10, 2024

Purpose:

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.