Content

Review of the Premises Licence –
Adam and Eve,155 Homerton High Street,
London, E9 6AS
 
The decision of 8th June 2023
 
The Licensing Sub-Committee, in considering this decision
from the information presented to them within the report and at the
hearing today and having regard to the promotion of the licensing
objectives:
 
• The prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• The protection of children from harm
 
The Licensing Sub-Committee carefully considering the
evidence presented to them at the review hearing by the Applicant,
(the Licensing Authority), the Environmental Protection Team, the
Legal Representative who represented the Premises Licence holder,
the premises noise expert, and Other Persons (local residents) who
made representations in support of the review in relation to the
prevention of public nuisance following noise complaints received
which derived from the use of two areas of the external part of the
premises located at the rear and shown on the plan of the premises
as “Covered Yard” and “Bottle Store”.
 
The Licensing Sub-Committee decided after considering the
evidence:
 
1.  Not to restrict
customer access to the two external areas formerly known as
“Covered Yard” and “Bottle
Store” and to allow the noise mitigation measures proposed by the
premises noise expert to be carried out immediately followed by a
period of monitoring and testing at the Premises Licence holders
expense, from residential properties (with their agreement).
Following a period of monitoring during Summer 2023, after the
installation of the noise mitigation measures, a further acoustic
assessment report at the Premises Licence holders expense to be
produced and provided to the Responsible Authorities and local
residents to consider.
 
2. To modify the conditions on the premises
licence to
prevent public nuisance, the Sub-committee made the following
determination:
 
Modified conditions:
 
And the following conditions to be added to the premises
licence
 
· 
The external areas of
the premises shall be regularly monitored by staff/door staff when
in use.
 
· 
The Premises Licence
Holder shall display the telephone number/email address of the
Designated Premises Supervisor for use by any Responsible Authority
or any person who may wish to make a complaint during the operation
of the licence in a prominent external location at the premises
that is easily accessible to the public.
 
· 
Use of any external
areas will cease at 22:00.
 
· 
After 22:00 there
shall be a maximum of 8 smokers outside the front of the premises
(and they shall not be permitted to take drinks with
them).
 
· 
No TVs shall be used
in any external areas. 
 
· 
Substitute any former
plan for the plan attached to this decision (the plan dated 8
November 2021).
 
· 
The Premises Licence
Holder shall organise and publicise a meeting for local residents
to discuss the operation of the premises and any issues arising
every 4 months.
 
· 
The Premises Licence
Holder shall submit an updated Noise Management Plan to the
Licensing Authority, the Environmental Protection Team for their
approval. The timescale to be agreed with the Licensing Authority,
and the Environmental Protection Team.
 
· 
The Premises Licence
Holder at their own expense shall carry out immediately the
following noise mitigation measures recommended by their noise
expert to the two areas in the external part of the premises
located at the rear shown on the plan as the “Covered
Yard” and “Bottle Store”:
 
i) to treat the under-croft areas with acoustic
absorption.
 
ii) to improve the high-level screenings to minimise the
sound escaping to the environment.
 
iii) to improve the management of the external area, and
management of the doors to inside the establishment to avoid noise
breakout. 
 
iv) A further acoustic assessment report shall be produced
post works referred to in (i) and (ii)
above, including access to residents’ properties (with their
agreement) to be carried out during Summer 2023. 
 
The methodology of the acoustic assessment shall be agreed
with the Environment Protection Team.
 
The Sub-committee requires that the noise assessment be
carried out at the neighbouring properties at a time when the
outside space is at its busiest and the noise is at its loudest
i.e. on Fridays and Saturdays in the evening.
 
The local residents agree which rooms or areas in their
property shall be monitored and tested for noise levels from the
premises. 
 
 
v) the acoustic assessment report post works after the
period of monitoring referred to in (iv) above shall be provided to
the Licensing Authority, the Environmental Protection Team and
local residents for their comments and consideration.
 
 
Reasons for the decision
 
 
The Licensing Sub-committee took into consideration the
Licensing Authority's Application, the representations received
from the Environmental Protection Team and the representations
received from local residents in support of the review.
 
The Sub-committee took into account that this review
application seeks to modify the premises licence to clarify the
site plan and attach the above conditions. The Sub-committee felt
that they did not have the powers to prohibit the use of the
“Covered Yard” and “Bottle Store” which in
fact were included in the licensed area.
 
The Sub-committee felt that it is necessary to carry out
further testing from residential properties and for the Premises
Licence Holder to carry out the proposed noise prevention works
immediately from June 2023 at their own expense with the aim of
resolving the ongoing noise nuisance.
 
The Sub-committee heard the representations made by local
residents and they had a great deal of sympathy for the local
residents, and how their health and well-being  have been affected by the noise nuisance from the
premises over an extensive period of time.
 
The Sub-committee took into consideration that the
Environmental Protection officers had not visited the complainants
properties and therefore were not able to witness any noise
nuisance.
 
However, the Sub-committee decided to allow the continued
use of the outside areas, and the Sub-committee requires that the
remedial works and steps proposed by the premises noise expert
shall be carried out immediately and at the Premises Licence
holder’s expense to facilitate a period of testing and
monitoring to commence as soon as possible in the Summer of 2023.
In addition the Sub-committee requires that a further noise report
shall be produced in September 2023 to be considered by the
Licensing Authority, Environmental Protection, local residents and
the Premises Licence holder to assess the results of the noise
testing, and remedial works to the external areas.
 
The Sub-committee felt that the premises noise experts
report was thorough, however, the report was inconclusive, and was
carried out at the wrong time of year. The Sub-committee took into
consideration that the premises noise experts report did not
include any tests carried out in the local residents
properties.
 
The Sub-committee took into consideration that the strength
of evidence from local residents did not correspond with the
premises noise report therefore the Sub-committee would like to
test the measures proposed by the noise consultant which both the
Environmental Protection Team, and the Licensing Authority
accepted. The Sub-committee felt the report in September will
provide the information that is currently lacking.
 
The Sub-committee felt that testing at residential
properties should be conducted independently, and hopes that both
the Premises License holder, and the local residents will
cooperate, and work with the noise expert for this period of
testing.
 
The Sub-committee felt that all the remedial works, the
testing and monitoring at the premises over the Summer months, and
the further report to be produced in September should be carried
out at the expense of the Premises License holder.
 
The Sub-committee requires that the noise expert shall
ensure that the testing is carried out in the room(s) of each
residential property agreed with the local residents. In addition
the Sub-committee requires that  the
noise assessment be carried out at the neighbouring properties at a
time when the outside space is at its busiest.
 
The Sub-committee felt that given the circumstances and the
length of time that the noise nuisance has occurred that the
Premises License holder could have dealt with the noise issues
better, and they could have acted earlier, and shown more
consideration to local residents who were clearly affected by the
constant noise nuisance.
 
The Sub-committee hopes that with the proposed noise
measures, and remedial works that will be carried out to the rear
external areas together with the modified conditions on the
premises licence that the impact of noise nuisance will be
reduced.  However, the Sub-committee
will only be assured that the licensing objectives are being
promoted following consideration of the report commissioned for
September. 
 
 
Public Informatives
 
1. The Premises Licence holder is advised to work with the
Council’s Environmental Protection Team to investigate and
assess whether there is a statutory nuisance coming from the 1st
floor room in the premises.
 
2. The Premises Licence holder is encouraged to engage in
meaningful dialogue with the local residents to resolve any issues
relating to the premises, and for the Premises Licence holder to
play their part in reducing any impacts of noise emanating from the
premises, particularly during the evening and late at night to
prevent public nuisance.
 
 
Your right to appeal
 
If you are aggrieved by any term,
condition or restriction attached
to this decision, you have the right to
appeal to the Thames
Magistrates Court, 58 Bow Road, London E3
4DJ within 21 days
of the date you receive this written
decision.