At the request of the Chair, Mr Mohshin Ali, Licensing Officer introduced the report which detailed an application by Environmental Health for a counter-notice to a Temporary Event Notice (TEN) given by Little LDN Limited in respect of (Little LDN) Unit 3, 39 Autumn Street, London E3 2TT.

The TEN sought would authorise the sale by retail of alcohol and the provision of regulated entertainmentfrom 21:00 hours on Saturday 25^th May 2024 to 03:00 hours on Sunday 26^th May 2024.

Mr. Robert Sutherland who attended on behalf of the premises user, informed the Sub-Committee that his client wished to amend the TEN in respect of the terminal hour, which would be reduced to 23:59 hours. This brought the hours within the Council’s framework hours. There were no other amendments.

Mr Sutherland explained that a previous application had failed, and now sought to persuade the Sub-Committee that they can operate without undermining the licensing objectives. It was noted that Mr Nevitt, consultant, would attend the event to monitor noise levels and set the noise limiter, ensuring that residents would not suffer noise disturbance from the event, if the TEN was granted.

Mr Sutherland further explained that the Police were satisfied with the conditions and policies in place and therefore no objection was received. The Sub-Committee heard that the applicant hoped to be able to demonstrate that the reduced hours plus good management would ensure that no public nuisance would arise.

Members then heard from Ms Rita Craddock, Environmental Health Service objected to the TEN because of the combination of noise breakout to local residents, and noise from patrons entering and leaving in high spirits, with a terminal hour beyond the Council’s framework hours. Ms Craddock acknowledged that the reduced hours and the noise management processes set out on pages 44 and 107 of the second supplement to the agenda partly addressed her team’s concerns. However, her team needed to know what was proposed regarding patrons smoking outside, access and egress, and people sounding car horns.

DECISION

This is an application by Environmental Health for a counter-notice to a Temporary Event Notice (TEN) given by Little LDN Limited in respect of (Little LDN) Unit 3, 39 Autumn Street, London E3 2TT.

The TEN given would authorise the sale by retail of alcohol and the provision of regulated entertainmentfrom 21:00 hours on Saturday 25^th May 2024 to 03:00 hours on Sunday 26^th May 2024.

Mr. Sutherland who attended on behalf of the premises user, informed the Sub-Committee that his client wished to amend the TEN in respect of the terminal hour, which would be reduced to 23:59 hours. This brought the hours within the Council’s framework hours. There were no other amendments.

The Sub-Committee noted the applicant’s acknowledgement that a previous application had failed, and now sought to persuade the Sub-Committee that they can operate without undermining the licensing objectives.

The Sub-Committee heard that the applicant’s consultant would attend the event to monitor noise levels and set the noise limiter, ensuring that residents would not suffer noise disturbance from the event.

The Sub-Committee heard that the applicant hoped to be able to demonstrate that the reduced hours plus good management would ensure that no public nuisance would arise.

Mr. Nevitt who also appeared for the applicant confirmed that he had assisted the applicant with drawing up the noise management and traffic management plans. He referred in particular to the noise management plan in the second supplement to the agenda pack.

The Sub-Committee ascertained that the hours were reduced because of Environmental Protection’s representations.

The Environmental Health Service objected to the TEN because of the combination of noise breakout to local residents, and noise from patrons entering and leaving in high spirits, with a terminal hour beyond the Council’s framework hours. Rita Craddock for Environmental Health acknowledged that the reduced hours and the noise management processes set out on pages 44 and 107 of the second supplement to the agenda partly addressed her team’s concerns. However, her team needed to know what was proposed regarding patrons smoking outside, access and egress, and people sounding horns.

The Sub-Committee heard the applicant address this by reference to a limited pick-up area, and assurance that the applicant will work with Environmental Health on how the premises user will manage the number of smokers, and people accessing and egressing the premises.

The Sub-Committee considered what would be reasonable and proportionate for the promotion of the licensing objectives, in particular, preventing public nuisance. The Sub-Committee understands that, as a matter of law, it is not possible for a TEN to be amended in the way proposed by Mr. Sutherland. However, the Sub-Committee was willing to accept this as an undertaking by the premises user that the event would cease at 23:59 hours notwithstanding that the TEN could not be altered to reflect that. This undertaking to cease licensable activity at 23:59 hours would mitigate any impact on the licensing objective of the prevention of public nuisance would not be undermined. The applicant should note, however, that should they fail to adhere to the undertaking to operate to a reduced terminal hour, this may well affect its credibility in the event it comes before the Sub-Committee in the future.

The decision of the Sub-Committee is to refuse the application for a counter-notice.