Agenda item

Temporary Event Notice

APPLICATION FOR TWO TEMPORARY EVENT NOTICES

DECISION OF LICENSING ACT SUB-COMMITTEE

WEDNESDAY 27^TH JULY 2016

The Sub-Committee comprised of Councillor Claire Cozler (Chairman),
Councillor Alan Biddulph and Councillor Mel Guilding

The Legal Adviser was Luke Gorst, Solicitor.

The Democratic Support Officer was Jane Glenton, Democratic Services.

An application for two Temporary Event Notices (TENs) on 31^st July 2016 and
19^th August 2016 had been made under Section 100 of the Licensing Act 2003 by Scott Pilkington in respect of Hustle, 2 Spring Garden Street, Lancaster. The hearing was held in light of a representation against both TENs received from Environmental Health as a relevant person.

The applicant was not present but was represented at the hearing by Mr Sam Jones.        

Rachel Stainton, Senior Environmental Health Officer, who had made a representation as a relevant person was also present and was accompanied by Georgina Edwards and Nick Wilkinson as her witnesses.

The Chair explained the procedure to those present, and stated that the hearing would be a discussion led by the licensing authority.

David Eglin, Licensing Enforcement officer, introduced the report, and stated that two TENs had been applied for to include regulated entertainment, the sale by retail of alcohol and the provision of late night refreshment. One of the applications was for a TEN from 04:00 hours to 06:00 hours on 31^st July 2016 with the other application for a TEN being from 04:00 hours until 06:00 hours on 19^th August 2016.

Mrs Stainton then presented the objection to the applications and called her witnesses.

Mr Jones then presented the applicant’s case and helped to answer questions.

The Sub-Committee then withdrew to make its decision, and sought advice from its legal adviser as to the appropriate phraseology of the decision.

DECISION

The Sub-Committee has carefully considered all the written information before it, and all the representations and views expressed at the hearing.

The Sub-Committee has noted that Mr Jones is the Managing Director at Hustle.

This hearing has been held in respect of both TENs as the objection to both is on identical grounds.

The Sub-Committee has noted the concerns of Environmental Health relate to the potential for nuisance from the venue late at night. Noise and video recordings were played showing the area immediately outside the venue and from inside the flat opposite.

The evidence given by Mr Wilkinson is that the tenants of his flat have been affected by the noise nuisance from hustle. One tenant stated that it was the reason she had to leave the property.

Mrs Edwards gave evidence that during a recent TEN at the venue on 9^th July 2016, she had been disturbed between the hours of 04:00 and 06:00 by customers outside Hustle.

Mr Jones gave evidence that, in the 12 months since he has been in charge at the premises, he has received no complaints about noise so this hearing had come as a surprise to him. He stated that he had been granted TENs in similar terms before with no issue.

The Sub-Committee is aware of its powers under the Licensing Act 2003 in relation to these applications for TENs and can either reject the applications by serving a counter notice, accept the applications but attach conditions from the current premises licence that are consistent with the TEN applications or allow the TENs as applied for.

In making this decision the Sub-Committee has considered whether it is appropriate for the promotion of the licensing objective of prevention of public nuisance.

The July TEN is for an extension on the Sunday morning after a Saturday night and presumably is to cover the period before it is hoped the full premises licence variation takes effect. The August TEN relates to A-level results night and is, in effect, a one off event.

The Sub-Committee notes that a lot of the complaints surround use of the outside area at the front of the premises. The premises licence contains conditions relating to this and therefore, in the circumstances, the Sub-Committee is going to allow these TENs but attach the following conditions from the premises licence:-

·         There must be in place a method of controlling customers waiting to enter the venue, so as to avoid crowds gathering outside the venue in the road, namely, Spring Garden Street

·         There must be in place a method of controlling customers waiting outside the venue for the purposes of smoking. These customers shall not be permitted to cause an obstruction to road users.

The Licensing Act 2003 makes no provision for appeal against this decision.

Whilst not a condition this sub-committee can attach to the TENs it is hoped by the Sub-Committee that the premises employ more door staff on the nights of the TENs than they would have under the conditions of their premises licence.

Signed...................................................................................................Dated………….

                 Councillor Claire Cozler (Chairman