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Extraordinary, Licensing Sub Committee - Tuesday, 13th May, 2025 3.00 p.m.

May 13, 2025 View on council website
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Summary

The Licensing Sub Committee was scheduled to convene to consider a temporary event notice and review its rules of procedure. The meeting was also scheduled to cover declarations of interest from members.

The meeting was scheduled to consider a Temporary Event Notice (TEN) for the Heritage and Arts Centre Bow, located on Morgan Street. A TEN allows licensable activities to occur temporarily without a full licence.

Jhermeroy Esperanzate applied for a TEN for an event described as a:

Filipino Spring Fair called Kantahan Kainan Kultura (Music Food and Culture)

The licensable activities applied for were the sale of alcohol and regulated entertainment, scheduled for 17 May 2025, between 11:00 and 16:00.

According to the report pack, the venue does not have a premises licence under the Licensing Act 2003.

Environmental Protection raised an objection to the TEN, which included the applicant’s response. Nicola Cadzow, Environmental Health Officer in the Environmental Protection (Noise) Team, stated that there had been a history of noise complaints dating back to 2022, with six noise complaints since 8 October 2024.

Nicola Cadzow said:

On 30th March 2025 Officers from the Out of Hours (OOH) Noise Service visited a local resident in response to a complaint and confirmed the presence of loud amplified music at a level deemed to be a statutory noise nuisance. Officers who attended the venue observed large crowds both inside and outside the premises, a strong smell of herbal cannabis, and a hostile response from door staff. The venue’s doors were left wide open, contributing to significant noise escape, while flashing lights were clearly visible through the building’s windows. Although the organiser agreed to turn the music down and close the doors, no noticeable reduction in noise was observed. Due to concerns for officer safety, a request was subsequently made to issue a Section 80 Notice under the Environmental Protection Act 1990.

A Noise Abatement Notice was served on 15 April 2025, and since then, there have been three further noise reports. Nicola Cadzow concluded that Environmental Protection did not support the TEN application due to the history of complaints and the likelihood of public nuisance to residential premises.

In response, Jhermeroy Esperanzate stated that an identical event was previously approved without issues on 30 November 2024, with no complaints received. Jhermeroy Esperanzate also outlined several mitigation measures, including appropriate volume management, no amplified music outdoors, stewarding, and a dispersal policy. Jhermeroy Esperanzate also drew attention to legal precedents and statutory guidance, emphasising proportionality in applying licensing powers.

The rules of procedure for the Licensing Committee were included in the report pack. These rules detail how hearings are conducted under the Licensing Act 2003, as set out in the Licensing Act 2003 (Hearings) Regulations 2005. The sub-committee consists of three members, and the procedure includes identifying parties, considering requests for other persons to be heard, and explaining the proceedings. The procedure also allows for the presentation of the application, questions from committee members, and addresses from those who have made representations against the application.

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