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Licensing Sub-Committee - Tuesday, 27 May 2025 - 10.00 am

May 27, 2025 at 10:00 am Licensing Sub-Committee View on council website  Watch video of meeting Read transcript (Professional subscription required)

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“Why was Starliner Diamond's application rejected?”

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The Kensington and Chelsea Licensing Sub-Committee met to consider a temporary event notice (TEN) application for the Starliner Diamond Sound System and Bar Site during the Notting Hill Carnival. The committee decided to issue a counter notice, effectively rejecting the application, due to concerns about public nuisance and safety. This decision was made after the applicant, Noel Gardner, failed to attend the hearing or provide necessary documentation, including a risk assessment and event management plan.

Temporary Event Notice for Starliner Diamond Sound System - Bosworth Road

The committee considered a temporary event notice (TEN) submitted by Noel Gardner for the Starliner Diamond Sound System and Bar Site, Bosworth Road, W10 5EQ, for the Notting Hill Carnival. The application requested permission to provide regulated entertainment and sell alcohol between midday and 7pm on Sunday 24 August 2025 and Monday 25 August 2025. The committee decided to issue a counter notice under section 105 of the Licensing Act, effectively rejecting the application.

The council's licensing officer, Sharon Dybal, explained that the application had received an objection from Philip Richardson, Principal Environmental Health Officer, on behalf of the council’s noise and nuisance team, citing concerns over public nuisance and safety. These concerns stemmed from the absence of a risk assessment and event management plan approved by Notting Hill Carnival Limited, the event organiser.

Mr McElroy from Environmental Health supported the objection, stating there was nothing to add to what was already in the report pack.

Councillor Dori Schmetterling, Councillor for Pembridge Ward, noted the applicant's absence and the incomplete application, and asked for clarification on the requirement for event organisers to have sight of the relevant documents.

Councillor Linda Wade, Earls Court Ward Councillor, echoed these concerns, questioning how the bar would be managed without the applicant present to provide answers.

The committee noted that discussions had taken place with the applicant prior to the meeting and there was a possibility that the application was going to be withdrawn.

The council's legal officer, Lindsay Lemassurier, confirmed that a risk assessment and event management plan were essential for the committee to make an informed decision on the TEN. She also clarified that Notting Hill Carnival Limited was expected to sign off on all TENs for sound systems and associated bar sites, a new requirement implemented this year for Carnival.

The report before the committee outlined that under the Licensing Act 2003, the sub-committee could issue a counter notice, take no action, or, if the premises already had a license, impose conditions. The report also referenced the council’s Statement of Licensing Policy, which gives guidance on temporary event notices, particularly in relation to Notting Hill Carnival. The policy states a preference for event organisers to give at least 28 days' notice of a planned event, and recommends that TENs for events within the Notting Hill Carnival footprint are submitted at least 12 weeks in advance. The policy also refers to multiple TENs being given in close proximity to each other, and the need to ensure that the maximum number of attendees does not exceed 499.

The committee agreed that the absence of the applicant and the required documentation undermined the licensing objectives of preventing public nuisance and ensuring public safety.

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Meeting Documents

Agenda

Agenda frontsheet 27th-May-2025 10.00 Licensing Sub-Committee

Reports Pack

Public reports pack 27th-May-2025 10.00 Licensing Sub-Committee

Additional Documents

Report
Appendix C - Carnival Policy
Appendix A- Temporary Event Notice
Appendix B- Noise Nuisance Objection
Appendix D - Map
Appendix E - Neighbouring Premises