Decision

RESOLVED:

The decision

The Licensing Sub-Committee in considering this decision from the information presented to it within the report and at the hearing 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 the prevention of public nuisance, made the following determination:

1. Modify the conditions and exclude qualifying club activities from the scope of the Club Premises Certificate.

·  Under section 177A (4) and section 52 (b) of the Licensing Act 2003 to lift the suspension of the relevant conditions on the Club Premises Certificate and give renewed effect to live music and as regulated entertainment between 08:00 - 23:00 each day.

·  Under section 177 A (4) and section 52 (4)(b) to remove Live Music and Recorded Music in its entirety as a licensable activity from the Club Premises Certificate

·  Remove the following conditions from the Club Premises Certificate:

1. Regulated entertainment in the form of live or pre-recorded music shall be played at such a level to ensure that nuisance is not caused in any residential or un-associated noise sensitive premises.
2. Playing of recorded music and performance of live music will be limited to the basement lounge area. Any external windows, the access door to the basement and the ground-floor main entrance shall be kept closed at all times during the playing of recorded music or the performance of live music except for immediate access and egress.
3. There shall be no more than five  (5) live music events per year and;  not more than one (1) live music event per month, and local residents shall be notified by the Club about when these events will take place. The impact of the noise on local residents to be considered at all times.
4. A noise limiter shall be used at all live music events.
5. All noise-generating events to be monitored by Club staff.
6. Recorded music played in the Club shall be at background level.

Reasons for the decision

The Licensing Sub-Committee after considering the application from the Environmental Protection Service to review the club premises certificate on the grounds of the prevention of public nuisance, and after hearing from the representative of the club together with the supporting evidence presented to them, the Sub-Committee decided to modify the conditions and to exclude the licensable activities from the scope of the club premises certificate.

The Sub-Committee took into consideration representations from the Environmental Protection Service that the premises are operating under two authorisations: a premises licence and a club premises certificate. There were over 20 complaints received. The Environmental Officers witnessed three noise nuisances which resulted in two Noise Abatement Notices being served. The club has not shown control of live and recorded music. Therefore, the Environmental Protection Service recommendation was to remove authorisation for recorded and live music and to commission an acoustic report to resolve the noise nuisance.

The Sub-Committee heard representations from the club representative that they carried out soundproofing in summer 2025, and the complaints received are when the premises are closed and they are cleaning up. The club representative contended that they do not have live music, they have customers over 60, and they hired security to stop people going outside.

The Sub-Committee heard representations from the club representative that there were 24 additional complaints since an abatement notice served in February 2026. There was only one re-occurring complaint every time since before they took over the premises. The Sub-Committee noted that on 12th of May 2025 the first abatement notice was issued.

The Sub-Committee carefully considered all the representations and they ?were satisfied that the Environmental Protection Officers have carried out the proper noise assessment to reach the conclusion that the music being played has caused an unacceptable level of noise. The noise has been assessed as a statutory nuisance. The Sub-Committee noted that the Premises Licence Holder had installed some insulation to stop the noise nuisance however the complaints continued. ?

The Sub-Committee took into account that over 20 complaints were received from  local residents affected by the noise. It was noted that only one complaint was about noise in the shop next door. The Sub-Committee felt the club’s management demonstrated very little understanding of how to control the noise issues.

The Sub-Committee took into consideration that the club had taken no steps at all to engage the services of a professional sound assessor and to obtain advice on the steps needed to stop the noise. In addition the club’s management had also failed to engage with the Environmental Protection Team despite numerous attempts to engage with them.

The Sub-Committee took into consideration that the club representative did not

accept the evidence and the findings of the Environmental Protection Service. In addition they did not demonstrate how they would not undermine the licensing objectives. The Sub-Committee felt there was a lack of confidence in the club’s management.

While the Sub-Committee did not have sufficient grounds to revoke the club licence completely, they remained very concerned about a club premises certificate at this location. The Sub-Committee felt the club’s management is advised to undertake training, and work constructively with the Environmental Protection Service to ensure they comply with the conditions attached to the club premises certificate.

The Sub-Committee felt they had no alternative but to exclude the licensable activities (live music and recorded music) from the club premises certificate. The Sub-Committee did consider giving the club time to install a proper sound insulation, however, they were very concerned about the alleged lack of compliance with the conditions on the club premises licence.

Public Informative

1. The club’s management is advised to work with the Environmental Protection Service to obtain a sound report, and install the sound proofing to be approved by the Environmental Protection Service.
2. The club is reminded to ensure that they comply with all the conditions attached to the club premises certificate and the penalties upon conviction for non-compliance.