Agenda item

LICENSING ACT 2003 - Temporary Event Notice subject to Pollution Team (EH) Objection Notice

The purpose of this report is to advise the Sub-Committee that a temporary event notice has been given to the licensing authority under the Licensing Act 2003 (“the Act”). This temporary event notice is the subject of an objection notice from the Council’s Pollution Team, therefore a hearing is required.

Minutes:

The Sub-Committee also considered the verbal representations made at the virtual hearing by the Senior Pollution Enforcement Officer, Eddie Adjei and Fouleymata Seaka’s representative Mr Sutherland.

 

Reasons for the Sub-Committee’s decision:

 

The Sub-Committee took into account the following reassurances made on behalf of the Fouleymata Seaka (contained in 2 emails dated 27th and 28th September):

·       At this event the recorded music will be played as a ‘silent disco’ via a head phone system from 23:00 until the end.

·       The event it is a private party by invitation only.

·       Only guests who have been invited will be able to gain entry.

·       At this event the recorded music will be played as a ‘silent disco’ via a head phone system from 23:00 until the end.

·       The party will be in the basement only.

·       Access to the basement will be through the premises only.

·       No customers are allowed in the garden after 11pm.

·       The maximum number of guests has been revised to 70.

·       2 SIA security will be employed at the premises and they will remain until all guests have left at the end of the evening.

·       The owner and notice giver will be present at the premises for the event.

·       At regular intervals during the evening the owner will review the sound levels outside and if any music can be heard will take steps to reduce the sound level. A noise limiter will be installed and set prior to the event.

·       The majority of guests will be there by midnight and all guests will be at the premises before 1am.

·       At 2am the music sound levels will be gradually reduced and the lighting raised.

·       The last drinks orders will be 2:15am

·       By 2:30am the music will be switched off and lights fully on.

·       At the end of the evening the DJ will ask people to leave without causing any disturbance or nuisance to neighbours. 

·       Guests will be encouraged to leave quickly and quietly.

·       Those who have ordered uber will wait inside until their vehicle arrives.

·       People leaving for their car will be encouraged to leave in small groups together.

·       The security will be situated outside to encourage them to leave quickly and quietly and keep noise down to a minimum.

·       The owner and staff will be reminding customers to leave quietly to respect the needs of the neighbours.

·       Signage reminding customers to respect the neighbouring residents is also on display at the exit.

 

It was confirmed during the hearing by Mr Sutherland (FouleymataSeaka’s Representative) that all the existing conditions on the Premises License (at Annex 1 and 2) would apply to this TEN.

 

The Pollution Team were of the view that the above information and assurances (if followed) would prevent a public nuisance.

 

On the basis of the assurances given above and that all the existing conditions on the Premises Licence (at Annex 1 and 2) apply to this TEN the Sub-Committee have decided that the Licensing Objectives can be met and licensable activities referred to in the TEN are authorised to proceed.

 

To clarify, the TEN Application has been modified since it was originally submitted, the Sub-Committee considered and agree to the TEN on the updated details, for example maximum number of guests is 70. In other words, where necessary the Application Form is updated to reflect the additional information and assurances provided to the Sub-Committee, extracted above.

 

Further, regarding the assurance about Uber cabs, the Sub-Committee would kindly request that when possible, this applies to all vehicles not just Uber. This is to avoid disturbance to neighbouring residents.

 

Supporting documents: