Agenda, decisions and draft minutes

1.1  Cllr Gilbert Smyth was duly elected as Chair.

2.1  There were no apologies received.

3.1  There were no declarations of interest

4.1  RESOLVED: That the minutes of the meeting held on 31 October 2023 were approved as a true and accurate record of proceedings.

5.1  The Chair outlined the hearing procedure to be followed.

Copper Cats, 574-576 Kingsland Road, London E8 4AP

Counter Notice - Temporary Event Notice  24th December 2023

The decision

The Licensing sub-committee, in considering this decision from the information presented to it within the report and at the hearing on 20th December, has determined that having regard to the promotion of all the licensing objectives:

·  The prevention of crime and disorder;

·  Public safety;

·  Prevention of public nuisance; and

·  The protection of children from harm

and in particular upon consideration of the ‘objection’ given by the Environmental Protection Team, is satisfied that the proposed event would undermine the licensing objectives. Therefore, the sub-committee has decided to serve a counter notice.

Reasons for the decision

The Licensing Sub-committee took into consideration the objection received from the Environmental Protection Team to the Temporary Event Notice for the period from  on 24/12/2023 from 00:01 finishing on 24/12/2023 at 04:00 am, which contended that this event would undermine the licensing objectives, on the grounds of prevention of public nuisance. The Sub-committee carefully considered the reasons for this objection.

The Sub-committee took into consideration objections from the Environmental Protection Team that they had received 36 complaints from local residents since March 2023 relating to live and amplified music coming from the premises which has a serious impact on the residential area close to the premises.

The Sub-committee took into consideration objections from the Environmental Protection Team that on 14 April 2023 Environmental Protection Officers witnessed a statutory noise nuisance and subsequently an Abatement Notice under section 80 Environmental Protection Act 1990 was served on the Premises User. The Sub-committee also took into account that Environmental Protection Officers have witnessed 2 further breaches of the Abatement Notice dated 14 April on 16 June at 22:15 and on 2 December at 00:10.

The Sub-committee took into account that the Environmental Protection Team had ongoing concerns about the addition of regulated entertainment; these events could result in a further statutory noise nuisance which would undermine the licensing objectives.

The Sub-committee took into consideration objections from the Environmental Protection Officer, who had witnessed noise nuisance at the premises, that they had spoken to the Premises User about the noise nuisance, and they had an agreement with the Premises User and the Owner of the premises. However, the noise nuisance continued and the Premises User failed to comply with the agreement reached. The Sub-committee took into consideration that the Premises User accepted that the music was loud and a nuisance at the time. 

The Sub-committee took into consideration the Environmental Protection Officer’s evidence that the last complaint was received on 8th December 2023, however, it was not clear if the noise came from the basement or the ground floor because no testing had been carried out.

The Sub-committee heard that the Environmental Protection Team cannot therefore be satisfied that the licensing objectives will not be undermined and that local residents would not continue to be disturbed by noise nuisance. Therefore, they maintained their objection to the hours of the premises being  ...  view the full decision text for item 6.

6.1    The sub-committee heard from the Acting Principal Licensing Officer, Responsible Authority Environmental: Protection Team and Premises Users. It was reported that there was an error within the submitted report and that ‘01.00 hours’ should be amended to ‘00.01 hours’.

6.2  With regard to the additional information submitted prior to the hearing, the sub-committee noted that the Premises Users could not vary the TENs applications for the events on 24 and 27 December 2023 and 1 January 2024 due to the notices having been issued. However, a new TEN application could be submitted to Licensing Services for the event on 1 January 2024 as a new notice could be issued in compliance with legislation.  Following legal advice, the sub-committee indicated that any amendments to the TENs applications could be considered as background information only.

6.3  During the course of submissions and a discussion of the applications, the following points were noted:

The Premises User highlighted that he was seeking to extend the supply of alcohol for the proposed events on 24 December and 27 December 2023 in the basement only and the themes at those events would be Bollywood and afro and amapiano house music respectively. The event on 1 January 2024 would be held on the ground floor only.  The proposed amendments included reduced hours for the sale of alcohol to 01.30 from 04.00 hours, withdrawal of regulated entertainment and no DJ or live music. There would be background music only, which would be played at a low level to address the concerns relating to noise nuisance.

The Environmental Protection Team made representation on the grounds of the prevention of public nuisance as indicated in the written representation at Appendix B in the agenda. Concerns related to a history of complaints against this premises from local residents alleging noise disturbances from the music being played at the premises. The most recent complaint had been received on 8 December 2023 at 23.29 hours. On 14 April 2023 at 22.05 hours Environmental Protection Officers witnessed a statutory noise nuisance and subsequently an abatement notice was served.  Officers had also witnessed two further breaches of the abatement notice on 16 June 2023 at 22.15 hours and 22 December 2023 at 00.10 hours.  Concerns were expressed that the regulated entertainment at these events could potentially result in further statutory noise nuisance and undermine the  licensing objective of public nuisance.

Having heard submissions, the sub-committee sought further clarification and the responses were as follows:

The Legal Officer stated that the premises user could legally operate until 04.00 hours as listed on the application without committing a breach.

The Environmental Enforcement’s representative:

Confirmed that there had been a total of 5 statutory noise nuisance incidents including 2 further breaches of the Abatement Notice and 2 statutory noise nuisance incidents prior to the Abatement notice.

Highlighted that the Council had received over 36 complaints since March 2023 in relation to noise from live and amplified music emanating from this premises and Licensing Services continued to receive  ...  view the full minutes text for item 6.