Content

Copper Cats, 574-576 Kingsland Road,
London E8 4AP
 
 
Counter Notice - Temporary Event
Notice  24th December 2023
 
The decision
 
The Licensing sub-committee, in considering this decision
from the information presented to it within the report and at the
hearing on 20th December, 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 upon consideration of the
‘objection’ given by the Environmental Protection Team,
is satisfied that the proposed event would undermine the licensing
objectives. Therefore, the sub-committee has decided to serve a
counter notice.
 
Reasons for the decision
 
The Licensing Sub-committee took into consideration the
objection received from the Environmental Protection Team to the
Temporary Event Notice for the period from  on 24/12/2023 from 00:01 finishing on 24/12/2023
at 04:00 am, which contended that this event would undermine the
licensing objectives, on the grounds of prevention of public
nuisance. The Sub-committee carefully considered the reasons for
this objection.
 
The Sub-committee took into consideration objections from
the Environmental Protection Team that they had received 36
complaints from local residents since March 2023 relating to live
and amplified music coming from the premises which has a serious
impact on the residential area close to the premises.
 
The Sub-committee took into consideration objections from
the Environmental Protection Team that on 14 April 2023
Environmental Protection Officers witnessed a statutory noise
nuisance and subsequently an Abatement Notice under section 80
Environmental Protection Act 1990 was served on the Premises User.
The Sub-committee also took into account that Environmental
Protection Officers have witnessed 2 further breaches of the
Abatement Notice dated 14 April on 16 June at 22:15 and on 2
December at 00:10.
 
The Sub-committee took into account that the Environmental
Protection Team had ongoing concerns about the addition of
regulated entertainment; these events could result in a further
statutory noise nuisance which would undermine the licensing
objectives.
 
The Sub-committee took into consideration objections from
the Environmental Protection Officer, who had witnessed noise
nuisance at the premises, that they had spoken to the Premises User
about the noise nuisance, and they had an agreement with the
Premises User and the Owner of the premises. However, the noise
nuisance continued and the Premises User failed to comply with the
agreement reached. The Sub-committee took into consideration that
the Premises User accepted that the music was loud and a nuisance
at the time. 
 
The Sub-committee took into consideration the Environmental
Protection Officer’s evidence that the last complaint was
received on 8th December 2023, however, it was not clear if the
noise came from the basement or the ground floor because no testing
had been carried out.
 
The Sub-committee heard that the Environmental Protection
Team cannot therefore be satisfied that the licensing objectives
will not be undermined and that local residents would not continue
to be disturbed by noise nuisance. Therefore, they maintained their
objection to the hours of the premises being further extended by
this Temporary Event Notice.
 
The Sub-committee took into account the Premises
User’s representations that the temporary event on the 24th
December would be in the basement only. The Premises User contended
that this temporary event would have no DJ and no live or loud
music. They were looking to only play background music until 03:30
am, and the premises will have security and staff on the ground
floor also. The Premises User made representations that they were
not seeking to cause noise nuisance or disturb local residents and
they had good communication with one local resident that lived
above the premises. 
 
The Sub-committee took into consideration that the Premises
User made representations that they were aware about the complaints
from local residents, and the noise issues were on the ground
floor. Therefore, they were not going to play live or loud music on
the ground floor for this temporary event to prevent noise
nuisance.
 
The Sub-committee carefully considered the evidence
presented to them by both the Environmental Protection Team and the
Premises User. The Sub-committee took into consideration that
longer opening hours of premises meant there is a risk of causing
noise nuisance and a disturbance to local residents late at
night.
 
The Sub-committee took into account that the Environmental
Protection Team presented compelling evidence of noise nuisance and
non-compliance by the Premises User, and they maintained their
objections to this temporary event taking place. The Sub-committee
felt that there was no evidence to prove the noise was coming from
the basement or the first floor of the premises, and they could
not  accept the Premises User’s
representations without an acoustic report and further
investigation carried out by the Environmental Protection
Team.
 
The Sub-committee ?has no confidence that the Premises User
was able to operate the premises responsibly taking into
consideration the 36 previous noise complaints received from local
residents, and the ?negative impact on the local residents that
live near to the premises. The Sub-committee took into
consideration that the Premises User did not comply with the
agreement made with the Environmental Protection Team. The
Sub-committee took into consideration that the premises are located
in a large residential area.
 
The Sub-committee did not agree that the hours should be
increased contrary to the Council’s Licensing Policy. The
Sub-committee considers each case on its own merits.
 
On balance, the Sub-committee considered that the event
would contribute to nuisance late at night that will add to the
noise and negative impact in the area.
 
The Sub-committee therefore considered that allowing the
event to take place in accordance with the Temporary Event Notice
would undermine the licensing objectives. The Sub-committee
determined that it was therefore necessary and proportionate to
serve a counter notice.
 
Public Informative
 
The Premises User is advised to engage with the
Environmental Protection Team to resolve the noise issues at the
premises such as obtaining a noise limiter set at an agreed decibel
and to obtain an acoustic report.
 
 
Counter Notice - Temporary Event Notice
for 27th December 2023
 
The decision
 
The Licensing sub-committee, in considering this decision
from the information presented to it within the report and at the
hearing on 20th December, 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 upon consideration of the
‘objection’ given by the Environmental Protection Team,
is satisfied that the proposed event would undermine the licensing
objectives. Therefore, the sub-committee has decided to serve a
counter notice.
 
Reasons for the decision
 
The Licensing Sub-committee took into consideration the
objection received from the Environmental Protection Team to the
Temporary Event Notice for the period from  on 27/12/2023 from 00:01 finishing on 27/12/2023
at 04:00 am, which contended that this event would undermine the
licensing objectives, on the grounds of prevention of public
nuisance. The Sub-committee carefully considered the reasons for
this objection.
 
The Sub-committee took into consideration objections from
the Environmental Protection Team that they had received 36
complaints from local residents since March 2023 relating to live
and amplified music coming from the premises which has a serious
impact on the residential area close to the premises.
 
The Sub-committee took into consideration objections from
the Environmental Protection Team that on 14 April 2023
Environmental Protection Officers witnessed a statutory noise
nuisance and subsequently an Abatement Notice under section 80
Environmental Protection Act 1990 was served on the Premises User.
The Sub-committee also took into account that Environmental
Protection Officers have witnessed 2 further breaches of the
Abatement Notice dated 14 April on 16 June at 22:15 and on 2
December at 00:10.
 
The Sub-committee took into account that the Environmental
Protection Team had ongoing concerns about the addition of
regulated entertainment; these events could result in a further
statutory noise nuisance which would undermine the licensing
objectives.
 
The Sub-committee took into consideration representations
from the Environmental Protection Officer, who had witnessed noise
nuisance at the premises, that they had spoken to the Premises User
about the noise nuisance, and they had an agreement with the
Premises User and the Owner of the premises. However, the noise
nuisance continued and the Premises User failed to comply with the
agreement reached. The Sub-committee took into consideration that
the Premises User accepted that the music was loud and a nuisance
at the time. 
 
The Sub-committee took into consideration the Environmental
Protection Officer’s evidence that the last complaint was
received on 8th December 2023, however, it was not clear if the
noise came from the basement or the ground floor because no testing
had been carried out.
 
The Sub-committee heard that the Environmental Protection
Team cannot therefore be satisfied that the licensing objectives
will not be undermined and that local residents would not continue
to be disturbed by noise nuisance. Therefore, they maintained their
objection to the hours of the premises being further extended by
this Temporary Event Notice.
 
The Sub-committee took into account the Premises
User’s representations that the temporary event on the 27th
December would be in the basement only. The Premises User contended
that this temporary event would have no DJ and no live or loud
music. They were looking to only play background music until 03:30
am, and the premises will have security and staff on the ground
floor also. The Premises User made representations that they were
not seeking to cause noise nuisance or disturb local residents and
they had good communication with one local resident that lived
above the premises. 
 
The Sub-committee took into consideration that the Premises
User made representations that they were aware about the complaints
from local residents, and the noise issues were on the ground
floor. Therefore, they were not going to play live or loud music on
the ground floor for this temporary event to prevent noise
nuisance.
 
The Sub-committee carefully considered the evidence
presented to them by both the Environmental Protection Team and the
Premises User. The Sub-committee took into consideration that
longer opening hours of premises meant there is a risk of causing
noise nuisance and a disturbance to local residents late at
night.
 
The Sub-committee took into account that the Environmental
Protection Team presented compelling evidence of noise nuisance and
non-compliance by the Premises User, and they maintained their
objections to this temporary event taking place. The Sub-committee
felt that there was no evidence to prove the noise was coming from
the basement or the first floor of the premises, and they could
not  accept the Premises User’s
representations without an acoustic report and further
investigation carried out by the Environmental Protection
Team.
 
The Sub-committee ?has no confidence that the Premises User
was able to operate the premises responsibly taking into
consideration the 36 previous noise complaints received from local
residents, and the ?negative impact on the local residents that
live near to the premises. The Sub-committee took into
consideration that the Premises User did not comply with the
agreement made with the Environmental Protection Team. The
Sub-committee took into consideration that the premises are located
in a large residential area.
 
The Sub-committee did not agree that the hours should be
increased contrary to the Council’s Licensing Policy. The
Sub-committee considers each case on its own merits.
 
On balance, the Sub-committee considered that the event
would contribute to nuisance late at night that will add to the
noise and negative impact in the area.
 
The Sub-committee therefore considered that allowing the
event to take place in accordance with the Temporary Event Notice
would undermine the licensing objectives. The Sub-committee
determined that it was therefore necessary and proportionate to
serve a counter notice.
 
Public Informative
 
The Premises User is advised to engage with the
Environmental Protection Team to resolve the noise issues at the
premises such as obtaining a noise limiter set at an agreed decibel
and to obtain an acoustic report.
 
 
Counter Notice - Temporary Event Notice
for 1st January 2024
 
The decision
 
The Licensing sub-committee, in considering this decision
from the information presented to it within the report and at the
hearing on 20th December, 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 upon consideration of the
‘objection’ given by the Environmental Protection Team,
is satisfied that the proposed event would undermine the licensing
objectives. Therefore, the Licensing Sub-committee has decided to
serve a counter notice.
 
Reasons for the decision
 
The Licensing Sub-committee took into consideration the
objection received from the Environmental Protection Team to the
Temporary Event Notice for the period from  on 01/01/2024 from 00:01 finishing on 01/01/2024
at 04:00 am, which contended that this event would undermine the
licensing objectives, on the grounds of prevention of public
nuisance. The Sub-committee carefully considered the reasons for
this objection.
 
The Sub-committee took into consideration objections from
the Environmental Protection Team that they had received 36
complaints from local residents since March 2023 relating to live
and amplified music coming from the premises which has a serious
impact on the residential area close to the premises.
 
The Sub-committee took into consideration objections from
the Environmental Protection Team that on 14 April 2023
Environmental Protection Officers witnessed a statutory noise
nuisance and subsequently an Abatement Notice under section 80
Environmental Protection Act 1990 was served on the Premises User.
The Sub-committee also took into account that Environmental
Protection Officers have witnessed 2 further breaches of the
Abatement Notice dated 14 April on 16 June at 22:15 and on 2
December at 00:10.
 
The Sub-committee took into account that the Environmental
Protection Team had ongoing concerns about the addition of
regulated entertainment which would undermine the licensing
objectives.
 
The Sub-committee took into consideration objections from
the Environmental Protection Officer, who had witnessed noise
nuisance at the premises, that they had spoken to the Premises User
about the noise nuisance, and they had an agreement with the
Premises User and the Owner of the premises. However, the noise
nuisance continued and the Premises User failed to comply with the
agreement reached. The Sub-committee took into consideration that
the Premises User accepted that the music was loud and a nuisance
at the time. 
 
The Sub-committee took into consideration the Environmental
Protection Officer’s evidence that the last complaint was
received on 8th December 2023, however, it was not clear if the
noise came from the basement or the ground floor because no testing
had been carried out. The Sub-committee heard that the
Environmental Protection Team cannot therefore be satisfied that
the licensing objectives will not be undermined.
 
The Sub-committee took into account the Premises
User’s representations that they would withdraw live music
from the first floor of the premises for the event on 1st January
2024. The Premises User contended that the temporary event on the
1st of January would be for 90 minutes only from 00:01. The
Sub-committee heard representations from the Premises User that
alcohol will only be supplied and consumed on the ground floor of
the premises, and no music or regulated entertainment would be
played during that 90 minute period. Therefore, the Premises User
did not intend to operate until 04:00 am as set out in their
application.
 
The Sub-committee took into account that the Environmental
Protection Team presented compelling evidence of noise nuisance and
non-compliance by the Premises User, and they maintained their
objections to this temporary event taking place. The Sub-committee
felt that there was no evidence to prove the noise was coming from
the basement or the first floor of the premises, and they could not
just accept the Premises User’s representations without an
acoustic report and further investigation carried out by the
Environmental Protection Team.
 
The Sub-committee ?has no confidence that the Premises User
was able to operate the premises responsibly taking into
consideration the 36 previous noise complaints from local
residents, and the ?negative impact experienced by the local
residents that live near to the premises. The Sub-committee took
into consideration that the Premises User did not comply with the
agreement made with the Environmental Protection Team. The
Sub-committee took into consideration that the premises are located
in a large residential area.
 
The Sub-committee carefully considered the evidence
presented to them by both the Environmental Protection Team and the
Premises User. The Sub-committee took into consideration that the
temporary event on 1 January 2024 was for alcohol to be supplied
and consumed, and there would be no regulated entertainment.
However, there was still a lack of confidence in the Premises User
being able to operate the premises responsibly without causing a
disturbance to local residents and a negative impact on the
area. 
 
The Sub-committee did not agree that the hours should be
increased contrary to the Council’s Licensing Policy. The
Sub-committee considers each case on its own merits.
 
The Sub-committee therefore considered that allowing the
event to take place in accordance with the Temporary Event Notice
would undermine the licensing objectives. The Sub-committee
determined that it was therefore necessary and proportionate to
serve a counter notice.
 
Public Informative
 
The Premises User is advised to engage with the
Environmental Protection Team to resolve the noise issues at the
premises such as obtaining a noise limiter set at an agreed decibel
and to obtain an acoustic report.