Mr Frayssinet stated that he had lived above the premises and had occupied the flat before the premises opened. Since opening, he had suffered noise nuisance from the premises due to the volume and type of music which, despite conversations with the owners and Environmental Health had continued.

Despite some attempts to remedy the situation, as there is no insulation between the licensed premises and the flat, music noise and vibration could be felt throughout the whole surface area of the flat and conversations within the premises could be heard. Mr Frayssinet stated that he had no wish to see the premises close only that work should be undertaken to remedy the problems.

Paul Johnson, Environmental Health, reported that he had dealt with the original licence application and had liaised with the applicant. An acoustic test had been carried out and believed to be acceptable but it had since been found that tests had only been carried out in one flat and not in the rooms that would have been considered most suitable. This explained why complaints had arisen immediately the premises opened. Informal talks and discussion had been held with all parties

Mr Johnson further reported that EH had visited Mr Frayssinet flat and the noise on voices alone constituted a serious noise nuisance. On this basis, EH officers believed it reasonable to recommend that until the acoustic problems could be resolved, the hours the premises should operate should be reduced until 11pm. Once the noise and acoustic problems had been resolved to the satisfaction of EH and a noise limiter installed, the premises could operate the hours previously granted.

Mr Veres and Mr Ahsan, two of the three licence holders, were present. They confirmed that the original acoustic test had been carried out in the other flat and they had no reason to believe that there would be any difference between the properties. A DJ was now only present on Friday and Saturday and some insulation work had been undertaken. Further tests and a report on the nuisance in Mr Frayssinet’s flat would be undertaken as problems seemed to be to this property alone. There was a wish to address the problem.

Mr Ahsan reported that he and Mr Veres had been unaware of the correspondence between EH and Mr Stewart (the other licence holder), until the agenda for this meeting had been received. On the basis of that information, another acoustic report had been done but the work could not start before 26 August at the earliest. Mr Ahsan advised that the landlord may assist with the problems being encountered.

Mr Frayssinet stated that he understood the situation but nothing had been done despite this being the situation for the last six months.

The Chair enquired what the applicants felt they could offer to alleviate the current situation. Mr Veres advised that they wanted to ensure that the work was carried out and could reduce the volume of the music.

There being no further questions, the Chair reported that the Sub Committee would now, at 4.20pm, adjourn to consider the evidence presented. The Sub Committee reconvened at 4.35 and the Chair reported that Members had resolved:

That the application to review the Premises Licence for The Verge, 114-118 Bethnal Green Road, London E2 6DG had been GRANTED.

The Sub Committee had decided to uphold the request for the review and restrict the licensable activities of the premises to 23:00 on all days until such time as necessary remedial acoustic and sound prevention work was carried out. Given the period of time that had lapsed between the original complaint and the hearing and that the problems continued, the Sub Committee believed there was no option but to grant the review as it did not appear possible that the situation could be remedied by any other means.

The licensable activities would be restricted until 23:00 hours until such time as the conditions put forward and agreed with the EHO were complied with to the officer’s satisfaction.