This meeting was scheduled to consider whether to uphold a notice of objection that had been received from Adur and Worthing Council's Environmental Protection Team in relation to two temporary event notices that had been served for events at Heartbreaker, a cocktail & wine bar at 3 The Broadway, Brighton Road, Worthing, BN11 3EG. The notice of objection was submitted on the grounds of the prevention of public nuisance.

Temporary Event Notices (TENs): Hearing to Consider a Responsible Authorities Notices of Objection Under Section 105 of the Licensing Act 2003

The report pack included for discussion two temporary event notices (TENs) that had been served by Mr Thomas Price, an employee of Noir Noir Ltd, the current holder of Premises Licence 201400467 at Heartbreaker.

The TENs were served for events that were scheduled to take place from Thursday 05 - Friday 06 December 2024 and Tuesday 24 - Wednesday 25 December 2024.

Mr Price requested permission for the sale of alcohol, the provision of regulated entertainment¹ and the provision of late night refreshment² for up to 100 people. In addition the TENs sought to allow the provision of live music which is not authorised by the existing premises licence.

The TENs sought to extend the hours for licensable activity until 02:00hrs, and to authorise the provision of live music up until midnight on 05-06 December, and up until 00:30hrs on 24-25 December.

Adur and Worthing Councils' Environmental Protection Team objected to the TENs on the grounds that the extended hours proposed for Live music in the TEN are likely to give rise to a public nuisance in the vicinity. Their objection was based on the history of the site.

The premises is beneath noise sensitive residential property and for that reason strict conditions were put on the land use for a drinking establishment by Planning including the requirement for the completion of a Sound Insulation Scheme. There is no evidence this scheme was implemented or records that a Sound Insulation Test was provided to the planning department. The current Planning Permission prohibits the playing of music in the premises. From the planning records, the premises were not converted to hold this type of entertainment and given the corroborated noise complaints from similar events held at the premises it is our opinion that the extended hours proposed for Live music in the TEN are likely to give rise to a public nuisance in the vicinity.

The report pack stated that the Sub-Committee had the following options:

● Uphold the ‘Notice of Objection’ and issue a Counter Notice stopping the event going ahead. ● Reject the ‘Notice of Objection’ allowing the temporary event to proceed. ● Partially accept the ‘Notice of Objection’, allow the event to go ahead but impose one or more of the conditions that are in place on the venue’s premises licence.