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 premises licence and exclude the licensable activities from the scope of the premises licence.

·  Under section 177A (4) and section 52 (b) of the Licensing Act 2003 to lift the suspension of the relevant conditions on the premises licence 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 premises licence.

Reasons for the decision

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

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 3 noise nuisances which resulted in 2 noise abatement notices being served. The Premises Licence Holder 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 Premises Licence Holder that they carried out soundproofing in summer 2025, and the complaints received are when the premises are closed and they are cleaning up. The Premises Licence Holder 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 Premises Licence Holder 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 Premises Licence Holder demonstrated very little understanding of how to control the noise issues.

The Sub-Committee took into consideration that the Premises Licence Holder 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 Premises Licence Holder had also failed to engage with the Environmental Protection Team despite numerous attempts to engage with the Premises Licence Holder.

The Sub-Committee took into consideration that the Premises Licence Holder 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 lacked confidence in the Premises Licence Holder.

The Sub-Committee took into account that the Premises Licence Holder appeared to have breached other conditions of their premises licence and failed to notify the Licensing Authority of their change of address as required under the Act. The Sub-Committee felt the Premises Licence Holder provided no reassurance that he understood his responsibilities under his premises licence.

While the Sub-Committee did not have sufficient grounds to revoke the licence completely, they remained very concerned about whether Premises Licence Holder was a suitable person to be holding a licence. The Sub-Committee felt the Premises Licence Holder is advised to undertake training, and work constructively with the Environmental Protection Service to ensure they comply with the conditions on their premises licence.

The Sub-Committee felt they had no alternative but to exclude live music and recorded music from the premises licence. The Sub-Committee did consider giving the Premises Licence Holder time to install proper sound insulation, however, they were very concerned about what appeared to be a lack of compliance with the conditions attached to the premises licence.

Public Informative

1. The Premises Licence Holder 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 Premises Licence Holder is reminded to ensure that they comply with all the conditions attached to the premises licence and the penalties upon conviction for non-compliance.