The Licensing Sub-Committee convened to review an application for a new premises licence for Atmosphere Restaurant at 218 Burnt Oak Broadway, Edgware. The committee ultimately decided not to grant the licence, citing concerns about potential public nuisance due to noise and the applicant's failure to provide adequate evidence to mitigate these concerns. Councillor Claire Farrier was appointed Chairman for the meeting.

Atmosphere Restaurant Licensing Application

The sub-committee considered a new premises licence application for Atmosphere Restaurant, located at 218 Burnt Oak Broadway, Edgware, HA8 0AP. The application sought permission for:

• Live music (indoors and outdoors)
• Recorded music (indoors and outdoors)
• Performance of dance (indoors only)
• Similar activities to dance (indoors only)
• Sale of alcohol (on the premises)
• Late-night refreshment (indoors and outdoors)
• Opening hours from 10:00 to 04:00 daily

The council received representations from the Metropolitan Police and the Scientific Services Team (Environmental Health), raising concerns about public nuisance and crime and disorder. The applicant, Atmosphere Restaurant, did not attend the hearing.

The Scientific Services Team (Environmental Health) raised concerns about the potential for noise nuisance to nearby residents, particularly from the proposed use of outdoor areas for regulated entertainment and late-night refreshment until 04:00. They noted that the application lacked a Noise Impact Assessment (NIA) or Noise Management Plan (NMA). The report of Mr Pardes, Team Leader Public Protection & Noise Nuisance, detailed numerous complaints since August 2024 regarding noise nuisance from the premises, including loud music and disruptive behaviour. Ella Smallcombe, representing Environmental Health, argued that the applicant had not provided sufficient evidence to support the licensing objective of preventing public nuisance.

The Metropolitan Police had agreed conditions with the applicant, but were still concerned about the use of the forecourt seating area after 23:00, fearing it could lead to noise complaints and anti-social behaviour.

The sub-committee considered the Licensing Act 2003, the Revised Guidance issued under section 182 of the Licensing Act 2003 and Barnet Council's Statement of Licensing Policy 2020.

The sub-committee considered that the Atmosphere Restaurant is located within a Cumulative Impact Zone (CIZ). Under the council's CIZ policy, there is a rebuttable presumption that applications for new premises licenses will be refused, unless the applicant can demonstrate that the granting of the licence will not negatively impact on the cumulative impact.

Ultimately, the sub-committee decided to refuse the application for a new premises licence. The panel stated that, in the absence of the applicant attending the hearing and failing to provide a NIA or NMA, it was not satisfied that granting the licence would not negatively impact the surrounding area. The sub-committee reminded the applicant that future noise issues could lead to enforcement action.

The applicant has the right to appeal this decision to the Magistrate's Court within 21 days.