Agenda item
Application for a New Premises Licence for (Nomadic Community Gardens), Fleet Street Hill, London E1 5ES
Minutes:
The Sub-Committee was advised that the Applicant was not present at the meeting and it had not been in contact with Democratic Services or Licensing Services. It was noted that the notification letter was sent to the Applicant ten working days before the meeting via 1st class post and via email. The agenda was also sent five working days before the meeting via 1st class post and via email. Despite these correspondences, no communication had been received from the Applicant.
Upon receiving this information, the Sub-Committee decided to consider the application in the Applicant’s absence.
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report, which detailed the application for a new premise licence for Nomadic Community Gardens, Fleet Street Hill, London E1 5ES. It was noted that there were objections from Officers representing Environmental Health and the Licensing Authority and local residents.
In the absence of the Applicant, the Members considered the written application contained in the agenda pack. It was noted the Applicant was seeking a licence to sell alcohol to cover the cost of the running the garden.
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, referred to his representation on pages 251-258 of the agenda and confirmed the number of complaints that had been received about this venue and the types of disturbances experienced by residents. He detailed the complaint history and stated that the licensing objectives would be undermined if the application was granted.
Members heard next from Ms Cadzow, who referred to her statement on page 264 of the agenda and raised concerns about the likely effect of live and recorded music which would be authorised between 08:00 hours and 23:00 hours if the application was granted. She also referred to the noise complaints received about the venue and confirmed that Environmental Health continues to receive complaints of noise and public nuisance.
Members also heard from Dr David Knight and Mr David Spurring, local residents, who expressed concerns about the crime, anti-social behaviour and noise disturbance that is experienced as a result of the Nomadic Community Gardens. They expressed concerns at the close proximity of the Gardens to residential homes and the children’s playground area and noted that there were no toilet facilities at the venue. They confirmed that they had made efforts to communicate with the operators of the Gardens but these efforts had been unsuccessful. Members also noted the strong concerns about the drug use and anti-social behaviour in the area.
In response to questions from members, the following was noted:
- Temporary Event Notice applications for the venue have been granted but residents have not been notified of these events.
- There were no gardening projects currently running at the venue.
- There was an increase in graffiti and live music events at the venue.
- There were high levels of anti-social behaviour and public nuisance.
- Although the Applicant had not applied for live/recorded music, if sale of alcohol licence is granted, then due to the deregulation of the Live Music Act, live/recorded music would be permitted at the premises.
- Residents had directly witnessed drug use at the venue.
- If the licence was granted, residents believe this would encourage further noise nuisance, drug abuse and public nuisance.
Members adjourned the meeting at 3.45pm to deliberate and reconvened at 4pm.
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub-Committee carefully considered all of the evidence before them including the application contained in the agenda pack and heard representations at the meeting from Officers representing the Licensing Authority and Environmental Health, and local residents.
The Sub-Committee took into account the objectors’ concerns about the likely increase in public nuisance, crime and anti-social behaviour if the application were to be granted.
The Sub-Committee considered that there was not sufficient evidence in the application to demonstrate or satisfy the Sub-Committee that granting of the application would promote the licensing objectives, in particular the prevention of public nuisance and prevention of crime and disorder.
Members reached a decision and the decision was unanimous. Members refused the application.
Accordingly, the Sub-Committee unanimously:
RESOLVED
That the application for a New Premises Licence for Nomadic Community Gardens, Fleet Street Hill, London E1 5ES be REFUSED.
Supporting documents: