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 on the premises licence as follows:

·  The Premises Licence Holder shall organise and publicise a meeting (online and/or in person by distributing flyers to homes in the area) for local residents to discuss the operation of the premises at least every 3 months.

·  The Premises Licence Holder shall maintain a dedicated telephone number and email address that must be available at all times. These contact details shall be included on any website of the premises and on display at the premises.

Reasons for the decision

The Licensing Sub-Committee after considering the application from the Other Person (a local resident) to review the premises licence on the grounds of the prevention of public nuisance, and after hearing from the Premises Licence Holder, and 5 Other Persons (local residents) in supported decided to modify the conditions attached to the premises licence.

The Sub-Committee heard representations from the Applicant who has lived in the area for 13 years and the noise problems have been worsening particularly in the last year. The Applicant has experienced noise disturbance every day hearing loud music and bass which has impacted their health significantly. The Applicant made representations that they tried to resolve the issues with the premises however the communication broke down in March 2026. They subsequently made an application to review the premises licence.

The Sub-Committee took into account that the loud music was experienced from 19:00 to 23:45 and all day on weekends. This perpetual sound affected the Applicant severely.

The Sub-Committee heard from the Applicant that no other premises are causing this noise. The Sub-Committee took into consideration that the Applicant lives 200 metres away from the premises. The Sub-Committee heard representations that the issue with noise from the premises was to do with the Live Music Act provisions.

The Sub-Committee took into consideration that there were 9 written representations from local residents in support of this review application. Their concerns included very loud late night opening of the premises using temporary events until 04:00 or 05:00. The premises had no sound control which affected a number of streets in the area.

The Sub-Committee heard representations in support of the review from the Shoreditch Community Association that from January 2026 late at night the premises had operated 20 events, every weekend. This was beyond the Licensing Policy hours and caused a lot of distress to local residents. There is zero sound control and no way to prevent public nuisance. The problem continues to be very loud music in every street which has an impact on local residents.

The Sub-Committee took into account representations from the Shoreditch Community Association that they would like to restrict music on the Decking of the premises because there is no way to reduce the noise level. The Sub-Committee noted that the Shoreditch Community Association felt that the premises was operating as an open air club in a highly residential area.

The Sub-Committee noted that the premises have been operating in the area for 15 years.

The Sub-Committee took into consideration representations from a noise report which was submitted and despite what has been alleged, the operation of the premises has not changed over time. The hours are in line with policy hours. The temporary events that have been held have not been objected to and there were no complaints. The premises have had a noise limiter since 2023. The levels were set in agreement with local residents. There has been no breach of the premises licence.

The Sub-Committee heard that the neighbouring Local Authority has not reported any noise nuisance from the premises. The Sub-Committee noted that the Premises License Holder made an offer to local residents and that offer was rejected. The Premises Licence Holder’s legal representative made representations that there should be no restriction of music entertainment at the premises. The Premises Licence Holder is prepared to work with local residents to resolve the noise issue.

The Sub-Committee took into consideration representations from the premises noise expert that the noise limiter was set and they were happy to reset the noise limiter again. The noise consultant has worked with the premises for a number of years and feels that the issues can be resolved. The Sub-Committee noted that the 20 Temporary Events that took place without incident coincided with sporting occasions such as the Super Bowl and England football matches and bank holiday weekends.

After hearing all the evidence presented to them the Sub-Committee sympathised with the Applicant and the level of noise that was experienced. The Sub-Committee noted that the Applicant asked them to consider the noise experienced as a public nuisance.

The Sub-Committee was not satisfied that the noise levels came only from this one premise. The Sub-Committee felt that the premises should hold regular residential meetings to deal with any issues at the premises.

The Sub-Committee felt there was not sufficient evidence to take action against the current Premises Licence Holder. The Sub-Committee felt that the evidence had not demonstrated that this was an ongoing public nuisance. The Sub-Committee also took into consideration that no Responsible Authorities had made representations.