Decision Maker: Licensing Review Sub-Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: January 19, 2026

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 conditions of the premises licence.     The Premises Licence shall be subject to the following new and modified 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. The NMP shall include measures:   ·        To prevent unreasonable noise escape from the premises.   ·        Ensuring hourly sound checks of the external area of the premises to monitor sound levels throughout events to mitigate complaints of noise and nuisance.   ·        To manage patrons leaving the venue   ·        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.   2.    A noise limiter shall be installed 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.    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.   4.    Condition 20 within Annex 2 of the Premises Licence shall be amended by the addition of “to local residents and businesses” after the word “nuisance”    5.    Condition 23 within Annex 2 of the Premises Licence shall be amended as follows: “A revised Dispersal Policy shall be adopted by the Premises Licence holder within 28 days of this decision coming into effect, and all staff shall receive training every 6 months in the implementation of the Policy. The Policy shall be adopted in consultation and in accordance with recommendations of the Licensing Authority and the Police. The Policy shall include specific measures for the dispersal of patrons when the premises close daily to prevent noise and nuisance to residents. The Policy shall include measures to inspect the external areas of the premises to discourage and prevent loitering outside the premises during the hours the premises are open to the public and 30 minutes after the premises close. The inspections of the external areas shall take place at least every 30minute intervals.   Basis of Decision   The LSC heard submissions from the applicant for review of the licence, who highlighted the incidents of noise, nuisance, shouting and screaming by patrons of the premises at their entrance and the street outside. There were incidents of young people blowing ballons and breathing nitrous oxide. Incidents of noise and nuisance on 8/9, 15th and 16th August 2025, and 12/13 September 2025 were highlighted to the LSC The Applicant further provided details of parties continuing until 5am,  and loud music from the premises causing noise and disturbance and preventing sleep.   When asked why other residents had not complained, the applicant stated it was not for her to explain why they had not, and that the LSC did not have to believe her but to simply watch the CCTV for the premises. Further, other residents may not have complained because they are patrons of the premises, some residents maybe ashamed to call someone to come and witness nuisance, and people do not trust the system and have been let down by the Council’s Community Protection Team.   The Applicant was clear that the noise, nuisance, shouting and screaming was and is by patrons of ChiChi Dishes as she can see the premises from her window. There are 2 other premises but she has not experienced nuisance from one of them.   The Applicant submitted that the Licensing Report summary did not detail all of her complaints to the Council’s Community Protection Team via the Portal and telephone. The CPT response has been that the complaints are dismissed by email. Officers do not always attend when the noise and nuisance is taking place or attend too late to witness it, as on 13th December 2025.   The Applicant had also called the police on a number of occasions including in August 2025 and other dates but the police had failed to attend or take action.   The LSC noted the breach and non-compliance of the licence conditions by the licence holder notwithstanding the licence holder’s statements that the licensing objectives have been diligently upheld by her.  The police inspection of the premises clearly sets out non-compliance with 6 conditions of the premises licence including condition 10 relating to private parties, CCTV, condition 11 in respect of staff training, condition 12 relating to the maintenance of a Refusals Log, condition 14 relating to the Drugs Policy, and condition 18 in respect of SIA door supervisors and risk assessments of regulated entertainment events at the premises.    The LSC noted that there is evidence of noise and public nuisance associated with the premises and patrons loitering outside the premises including being under the influence of alcohol.     The licence holder stated she had now introduced strict control on music and windows and doors are kept closed.  The Licence holder did not answer the LSC question regarding installing an acoustic lobby to prevent escape of noise, and whether condition 23 in respect of the Dispersal Policy was complied with.   The applicant submitted that there are 2 types of music noise, firstly when patrons enter or leave the premises and secondly loud music from specific events and parties held at the premises when the music is too loud such that an acoustic lobby will make no difference.   The LSC were of the view that there is public nuisance associated with the premises and the conditions of the premises licence have been modified accordingly.   The LSC does not have remit to consider parking in the street, however, the licence holder is advised to encourage patrons to park considerably, not cause obstructions of the street, and to use public transport.    Any party aggrieved by the decision of the Licensing Sub-Committee may appeal to the magistrates’ court within 21 days.