Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 8, 2025

Purpose:

Content:   In reaching its decision, the Licensing Sub-Committee (“LSC”) considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the LSC did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.    Having considered all written representations, evidence, and oral submissions, the LSC resolved to modify the times for licensable activities and conditions of the premises licence.     Permitted hours for Licensable Activities:   Sale and supply of alcohol: Sunday to Friday, 11.00 hours to 23.00 hours                                                 Saturday from 11.00 hours to Midnight           Live Music, Recorded Music, Indoor Sporting Events, Boxing or Wrestling, Dance, Plays, and Films: Sunday to Friday from 11:00hours to 23:00hours Saturday from 11:00 hours to Midnight   Late Night Refreshment: Saturday from 23:00 hours to Midnight.   Opening Hours of Premises: Sunday to Friday, 09:00hours to Midnight Saturday from 09:00 hours to 00:30 hours the next day.   The Premises Licence shall be subject to the following additional conditions:   1.       A Noise Management Plan (NMP) shall be prepared by the licence holder, and agreed with Environmental Health, within 42 days of this decision coming into effect (or a later time by agreement between these parties). The NMP shall include measures: To prevent unreasonable noise escape from the premises. Ensuring hourly sound checks of the perimeter of Borough Hall to monitor sound levels throughout events to mitigate complaints of noise nuisance. To manage customers arriving and leaving the venue (including staff deployment). To ensure the use of a noise limiter and/or other noise attenuation measures. To reduce noise, obstruction or other nuisance related to customer vehicle use or commercial deliveries.   2.       A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:   The limiter shall be set at a level which is to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of an authorised Environmental Health officer and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior written agreement from an Environmental Health Officer. No alteration or modification to any existing sound system(s) shall be affected without prior knowledge of an Environmental Health officer   3.       No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.   4.       The licence holder shall convene quarterly resident meetings at the premises where issues can be discussed with a view to resolution. The date and time of each meeting shall be publicised to local residents and Ward Councillors. In the event that representatives of local residents are of the view that the meetings can take less frequently the frequency can, by agreement, be reduced.   5.       That a comprehensive waste management plan be implemented as agreed with an Environmental Health officer (or other officer of the Council nominated by Environmental Health).   6.       That loading and unloading of commercial supplies or equipment to or from the premises is restricted to between 8am-10pm Monday to Sunday. Such loading and unloading is to be supervised by a member of staff wherever reasonably practicable.   7.       Existing condition 27 of the premises licence shall cease to apply.    8.       Pursuant to section 177A(4) of the Licensing Act 2003, any conditions on this premises licence relating to live or recorded music are to apply and have effect notwithstanding the terms of section 177A and paragraph 12A of Schedule 1 to the Licensing Act 2003.   9.       At least one parking marshal shall be on duty from 6pm until the event is closed and dispersal is complete. The marshal shall operate on Peyton Place and their role shall be to advise patrons on responsible parking and to minimise noise and disruption during guest arrival and departure.     Basis of Decision   The LSC heard submissions from the applicant from review of the licence, Cllr. Slattery who read out a prepared statement of submissions. Public nuisance by way of noise, loud music,  and when the premises closed was highlighted and submitted to be on a significant scale. There had been 2 mediation meetings with the licence holder which had not translated into any change in the public nuisance originating and associated with Borough Hall. The review was not seeking a revocation of the premises licence.   The public nuisance comprised of amplified music, loading and unloading of equipment at all times of the day and night, and from patrons smoking outside, the noise can be heard inside residents’ homes. The disturbance after the premises close is noise from cars, taxis, people saying goodbyes, car horns upto 2am at night is not conducive to sleep. The promises made in January 2025 when the premises licence was granted and at mediation meetings have not been kept by the operators, waste and rubbish from the premises is an issue. There is associated ASB and intimidation with and patrons of the premises, with police being deployed and concerns for the welfare of children. 28 complaints made by residents to the council of noise and loud music nuisance including in November 2025.  The problems are related to the evening and nighttime activities at Borough Hall.    Those supporting the premises are not within the local vicinity and not directly affected, some as far as in Dartford. The locality is overwhelmingly residential, and the premises will shortly be surrounded on all sides by residential occupiers with 70 new homes being built. The business model for Borough Hall is for a nighttime economy, however, the premises are in the wrong place being within a residential locality.   Cllr Smith submitted that the mediation meetings had failed, and the public nuisance continues, with significant impact on residents in Peyton place. It is appropriate that a reduction in hours to 9pm apart from 2 Saturdays each month is sought. The proposed new dispersal policy will not be effective, marshalls cannot follow cars and make people move on, it was gridlock on 29th November 2025. The pulse dispersal strategy has failed.     The LSC heard submissions from Environmental Health which confirmed 29 complaints from residents upto 15th November 2025, statutory nuisance had been observed in March 2025 and a warning was sent to the premises. A noise limiter would help to mitigate the impact of the loud music.   The LSC heard submissions from residents of detriment to those living in the vicinity, loud music, ASB, litter, waste from premises and patrons, disturbance when the premises close and patrons leaving shouting, loitering, noise from cars and taxi’s, loud talking. Intimidation from patrons. Actions by the premises have not been effective or have permitted the behaviours by its patrons. Not all incidents have been reported to the Council and the premises have not undertaken repairs to the building to prevent the escape of noise, despite commitments to do so.     The Submissions from counsel for the Licence holder conceded that the capacity of the premises, 800 persons, will have an impact on the locality. The bringing back into use of the Borough Hall is in the public good. A cut in the licensable hours or a suspension of the premises licence will close the premises and a loss of 60 jobs. The removal of nighttime use of the premises will lead to the closure of the premises. The residents in Peyton Place did not want the licence holder to be operating from Borough Hall and have raised the same complaints as at the hearing in January 2025 when the premise licence was granted. That there was no substances to the complaints from the residents, they can all be explained away, one had even complained before becoming a resident in the locality. The LSC also heard representations from a supporter of the premises who stated that there was not the noise or disturbance that had been detailed in support of the review application.   The LSC gave due weight to the submissions for the licence holder. The LSC reject counsel’s submissions regarding the residents in the vicinity not wanting the licence holder to be operating from Borough Hall. The complaints are all properly brought in respect of the licensing objectives. If the impact of those attending events at the premises is causing public nuisance, ASB and impacting upon the 4 licensing objectives, then clearly the licence could be modified. The evidence in support of the licence holder was of negligible value in assisting the LSC in considering its decision and could not be believed.   The commercial viability of the premises was not of primary consideration for the LSC, its decision must be in accordance with the licencing objectives.   The offer of conditions by the licence holder, other than reduced hours, as sought by the review applicant, clearly indicated that there was public nuisance and disturbance within the vicinity and locality associated with Borough Hall.   Any party aggrieved by the decision of the Licensing Sub-Committee may appeal to the magistrates’ court within 21 days.