This Licensing Panel meeting was convened to consider an application for a new premises licence for a site at Workhouse Dock, as well as associated matters. The most significant item on the agenda was the licence application for Workhouse Dock, which attracted representations from a local resident, the council's Licensing Enforcement team and Thomas Blackford, Senior Principal Regulatory Officer. Also included in the meeting pack were standard procedural items, such as the procedure for declaring interests by Councillors attending the meeting, as well as the procedure for running the meeting itself.

Workhouse Dock, The Brentford Project, Dock Road

The application for a new premises licence at Workhouse Dock was submitted by Brentford Waterside Limited Partnership.

The applicant is seeking permission to:

• Supply alcohol for consumption on the premises:
  • Sunday to Wednesday 12:00 to 20:00
  • Thursday to Saturday 12:00 to 22:00
• Show films
  • Sunday to Wednesday 12:00 to 18:00
  • Thursday to Saturday 12:00 to 22:00
• Open to the public:
  • Monday to Sunday 01:00 to 00:59 the following day

The application is for a Time Limited event to be held from Friday 26 July to Saturday 31st August 2024. The site is located in an area of mixed commercial and residential properties and is not currently licensed.

Representations

The Licensing Enforcement team did not object to the application but did suggest the inclusion of a number of conditions.

The Licensing Enforcement Team did not make a representation and have agreed conditions with the applicant to be added to the licence if the application is granted

A local resident submitted an objection to the application. The resident said that they believe:

the sound volume violates UK Regulations about public events within residential area

The resident goes on to state that:

My neighbour from the same house he even measure the sound which is 93 and equal to nigh club.

The resident also requested that the council:

send inspection without informing Ballymore and measure the sound as it is not possible to live here

Thomas Blackford, Senior Principal Regulatory Officer objected to the application, stating that:

The applicant has offered the condition “No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises. Nor shall any vibration be emitted through the structure of the premises which gives rise to a nuisance” However they have offered no information as to how this will be achieved.

Mr Blackford also noted that:

There was also a complaint on the 18 of July 2024 where officers from our department have had to attend due to a complaint of excessive noise from the venue (whilst a temporay event notice was in place) and no staff were present that were able to reduce the levels of the audio, which was deemed excessive at times by the officers in attendance.

Mr Blackford goes on to request a number of changes to the application:

I would suggest that the condition “whilst film screenings are ongoing, a member of staff will be present to ensure that the audio is maintained at a reasonable level, and to make adjustments to the noise levels if necessary” is applied should the licence be granted. We would also request that no screenings are permitted on Sunday’s We would also request that a detailled noise management plan be submitted.

Relevant Licensing Policy

The report to the panel highlighted a number of points from the council's Statement of Licensing Policy that are relevant to this application. It was noted that:

Each application will be considered individually on its own merits. This policy does not undermine the rights of any person to make an application under the Act for a variety of permissions or the right of any person to make representations or seek a review of a licence or certificate where the Act permits this.

Should issues not be addressed within the operating schedule to the satisfaction of any responsible authority, resulting in representations being made, further appropriate conditions may be placed on licences.

The Licensing Authority acknowledges that the licensing function cannot be used for the general control of anti-social behaviour of individuals once beyond the direct control of the licensee of any premises concerned.

Declaring Interests

The report pack included a guidance note for Councillors on declaring interests at meetings. The guidance explains the rules set out in the Members’ Code of Conduct, which forms part of the council's constitution. The guidance reminds Councillors of the categories of interests covered by the code, and what they must do if they have an interest in a particular matter. It also explains what a Disclosable Pecuniary Interest (DPI) is and what a Councillor must do if they have one. Finally, the guidance note provides information for Councillors on predeterminations and bias.

Order of Business

The report pack included a document that sets out the order of business that was scheduled to be followed by the panel. This included introductions by the Chair and officers, a presentation of the application by the officer presenting the report, statements and questioning of the applicant, statements and questioning of other people making representations about the application, and a decision by the panel.

Licensing Panel Procedure

The report pack included the Licensing Panel Procedure document. This document sets out the procedure that the council is required to follow when determining licence applications. The procedure is based on the principle of natural justice. This means that each party involved in the application, including the applicant, responsible authorities, and anyone making a representation about the application, is entitled to:

a right to be present, a right to be aware of any relevant representations, a right to address the panel and a right to be given the reasons for a decision of the panel, especially when an application has been refused.

The Licensing Panel Procedure document also provides details on timescales, what must happen before a panel hearing, how a panel hearing should be conducted, and what happens after the hearing.