Decision details

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 refuse the application to vary the premises licence.

Basis of Decision

The variation application sought to extend the hours for licensable activities from 9.30pm to 11pm or midnight on various days of the week. The agent for the applicant confirmed that the application was amended, and conditions agreed, as recommended, in response to the written representation by Environmental Health.

The application also sought permission for off sales of alcohol, however, this was qualified by the agent for the applicant that off sales of alcohol were only for consumption on the front terrace of the premises.

The agent’s submissions regarding the law and statutory guidance were noted and given appropriate weight.

The agent’s reference to the crime statistics in the locality within the last 6 months was noted with due regard and given appropriate weight.

It was noted that the premises are used for and benefit the community and has a charitable status.

The agent’s submissions regarding residents never liking the club and not wanting it in the locality was not evidenced and plainly wrong. Indeed, those objecting to the substantive application supported the club and the community work it engages in. What the residents did oppose was the noise and public nuisance, crime and disorder associated with the premises and the negative impact on their daily living.

In reaching its decision the LSC noted the history of the premises from 2022 but more pertinently considered the existing conditions of the premises licence, the Temporary Event Notices (TENs) in 2023 and in 2024, and the evidence of ongoing noise, public nuisance and anti-social behaviour associated with the premises.

The LSC heard compelling evidence from councillors and residents of the ongoing noise and public nuisance from the premises including when TENs were in force. There was also clear evidence of licensable activities being carried on without lawful licence or authorisation, or events going beyond permitted hours late into the night. Examples being conditions 11 and 18 within Annex 2 of the licence for the car park not being complied with, patrons loitering, yelling, playing car radios and talking loudly and disturbing residents and children. The TEN application, for 6^th August 2023, was withdrawn but the event proceeded with loud music audible in residential premises. Similarly, an event continued beyond permitted hours on 15^th July 2024, with accompanying anti-social behaviour, and disruption in the locality, noise and loud music being played. The schedule of complaints within the report to the LSC were given proportionate and proper weight by the LSC. The evidence from the Councillors and residents, being 54 written representations opposing the application, and oral submissions during the hearing, was clear evidence of the continuing nature of the public nuisance, anti-social behaviour and crime and disorder associated with the premises and ongoing breaches of the licence conditions.          

The Applicant’s Agent’s submissions regarding the categories of complaints and being individually de minimis in numbers over a period of time, were noted. However, the LSC, in reaching its decision, considered the cumulative impact of the ongoing public nuisance and crime and disorder associated with the premises.

Submissions that the applicant has made improvements since 2022, were welcomed by the LSC, however, the licence holder and operators of the premises are under a lawful obligation to comply with the licence conditions and to promote the licensing objectives, it is not something that is voluntary or optional.

The evidence from Environmental Health was that there were still complaints of noise and loud music being received, although not at the same high levels as in 2022. Whilst the noise abatement notice may not have been witnessed to have been breached, for statutory nuisance, that did not translate into there being no public nuisance, noise and disturbance to residents. The LSC heard evidence of noise being tolerated by residents, up to a point when it was in the early evening and there was evidence of complaint fatigue given the ongoing noise, public nuisance and crime and disorder associated with the premises since 2022.

The application for off sales of alcohol, even for consumption on the outside front terrace, was not considered to be appropriate given the subsisting noise and public nuisance and anti-social behaviour and drinking outside the premises and to grant the application would not promote the licencing objectives.

The LSC whilst noting that the premises are also used for fund raising activities for sporting events, as well as private hire, the LSC cannot take into consideration commercial matters, they are not a licensing objective, and must be disregarded. It was also clear that when the premises are let out for private hire, that there are no effective management controls in place to promote the licensing objectives.

The LSC considered that to grant the variation application would not promote the licensing objectives and specifically the prevention of public nuisance and prevention of crime and disorder.

Any party aggrieved by this decision may appeal to the magistrates’ court within 21 days.