Agenda item

Report of the Executive Director, Supporting Communities.

This is a an application for temporary event notices under Section 100 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for seven temporary event notices under Section 100 of the Licensing Act 2003.

The Licensing Officer, Sarah Williams, summarised the report. Since publication of the main agenda, the following information was included within the supplementary agenda:

-       Submitted by the Agent: Kiss The Sky evidence bundle and Kiss The Sky venue photos.

-       Submitted by Environmental Health: Environmental Health and Agent emails, Noise Officer report, Police report, Police Photos, Warning letter from Environmental Health, and Environmental Health objection.

Lee Perella, Environmental Health Officer responsible authority, summarised his representation and additional papers (page 210 of the main agenda and pages 73-84 of the supplementary agenda). In addition to the written representation, he outlined the following:

-       He believed the venue was looking to operate as a livelier venue than what their conditions allowed. The temporary event notice applications were seeking more flexibility, at an already drinks-led venue. In previous Police visits to the venue, it was clear venue was not operating with their current conditions and demonstrated a lack of knowledge from staff.

-       The only way to assess how affective the recently fitted sound limiting methods would be to carry out an assessment at the adjoining property.

-       The venue was a small premises with no lobby and therefore a greater risk of sound nuisance.

-       Currently, Environment Health were not convinced the application demonstrated the works carried out so far to mitigate noise were fit for purpose for the venue and would prevent further complaints. He stated that if the Panel were minded, they could consider granting one or two notice to allow more time to assess the situation and that the venue was suitable.

The Agent, Luke Elford, was accompanied by the Applicant, Mr Ray. In addition to the papers and application, the Agent outlined the following:

-       The venue was initially marketed to the Applicant as a bar venue. When issues arose following the opening, immediate measures and efforts were put in place to promote the licensing objectives.

-       There were 83 conditions on the current licence. He said this number was extensive and complex for this operation, at points unclear to even an experienced licencing officer, and contradictory in parts.

-       The Police had advised the Applicant to apply for a series of temporary event notices and apply for a new license, which an application had been submitted and would be considered by a panel in due course . No objections had been made by the Police on the temporary event notice applications. Multiple temporary event notices we applied for to allow for business continuity of the venue.

-       The Agent had found communication with Environmental Health not satisfactorily responsive, which included invitations to Environmental Health carry out sound tests. Also, some communication to the Agent had not been sent to the right address.

-       He noted that noise assessments in the adjourning property were taking place within the next few days. He stated that the Applicant was in the process of taking over the upstairs flat, when the residents contract ended.

In response to questions, the Agent clarified the following:

-       The initial complaint arose following the first night of the venue opening from a resident because they were surprised the venue had opened. The Applicant had since engaged with the resident.

-       It was confirmed that there were no specific events planned for any of the dates on the temporary event notices, such as live acts. There would be  DJs whose music would go through a sound limiter using the venues in-house music equipment. He added that they did not offer dry-hires of the venue. There were arrangements for staff, security and customer bookings for the proposed dates.

-       The Applicant stated that the venue had maximum seating capacity of 30 covers, which included bar seating.

-       It was confirmed there was a team of security. The entry and exit of the venue would be managed and the door would be kept shut. A dispersal policy managed the winddown of the evening.

In their closing remarks, Lee Perella stated the following:

-       He understood the venue was trying to change for a new purpose, however the correct set up needed to be in place to make this a feasible operation.

-       He understood the need for business continuity, however Environmental Health needed assurances the licensing objectives would be promoted.

In their closing remarks, Luke Elford asked the Panel that if they were minded to not grant the full set of temporary event notice applications, and needed reassurance before granting further applications, request that the Panel could factor in the time limits required to make further applications and the costs involved for the Applicant.

Decision and Reasons

In their deliberations, the Panel noted that Environmental Health made a strong case for the resident and the risk of nuisance they were subject to. It was also noted that the high number of notices, on successive weekends, was a concern at a stage when that reassurance was not fully satisfied. It was positive hearing the number of sound limiting mitigations the Applicant had installed, but they required further testing to see if they were fit for purpose for the venue. The Panel was concerned for the property above.

The Panel also considered the need for business continuity of the venue and the need test, therefore granting a notice would enable a practical assessment. They did not feel additional conditions should be placed on the venue, and that negotiation should continue with the Applicant and Environmental Health. If the Panel were to grant a few notices, then the Applicant had the opportunity to apply for later notices in due course.

The Panel was at points minded to refuse, however through deliberations they conceded to the interest of natural justice and the providing opportunity to the venue to assess their ability to responsibly operate.

RESOLVED –

i)    THAT temporary event notice applications, detailed in section 1.1 a) 2. – 4. of the report, be GRANTED for:

a)    10^th until 12^th February 2023

Friday 17:00 – Saturday 01:30

Saturday 17:00 – Sunday 01:30

b)    17^th until 19^th February 2023

Friday 17:00 – Saturday 01:30

Saturday 17:00 – Sunday 01:30

c)    25^th until 26^th February 2023

Friday 17:00 – Saturday 01:30

Saturday 17:00 – Sunday 01:30

ii)  THAT the remaining temporary event notices applications considered, detailed in section 1.1 a) 1 and 5. - 7. of the report, be REJECTED in their entirety.

ACTION BY: Executive Director, Supporting Communities