Agenda item

Report of the Director of Environmental Services.

The Sub – Committee received an application for a standard Temporary Event Notice (“TEN”) made under section 100 of the Licensing Act 2003 in relation to Unit 2, Brember Road, South Harrow, Harrow, HA2 8AX (the “Premises”).

The TEN seeks to permit the sale by retail of alcohol (on premises only), the provision of regulated entertainment and the provision of late-night refreshments for purpose of raising funds for foster children.  This event is due to take place from 20:00 hours on Friday 2^nd August 2024 until 04:00 hours on Saturday 3^rd August 2024.

An objection notice was received from the Local Authority’s Environmental Health Noise Team regarding concerns that allowing the premises to be used in accordance with the TEN would undermine the licensing objective of the prevention of public nuisance.

The Applicant advised the Sub-committee, that she had planned to have a ticketed event to raise money for foster children.  She had intentionally located this Premises as it was in an industrial estate and believed that it would reduce noise nuisance.

The Applicant further advised that she had been in communication with business owners in the industrial estate and they agreed to allow her to use the forecourts for her patrons to park.  The event would start at 8pm and finish at 3am, allowing for 1 hour to disperse patrons and clean.

She had also hired a security company and would have parking attendants and had consulted with the Police, who have not objected to the granting of the TEN.

The Sub-Committee asked the Applicant why she was seeking late hours as the area local business close around 12am. The Applicant advised that the patrons that would attend have different working hours, and the time sought would allow them to attend.  The Sub-Committee made further enquiries regarding the flyer that was produced by the Applicant, as it stated that it was free before midnight and how did she intend to raise funds for the foster children.  The Applicant reiterated that as the patrons would attend later, it would be the sale of alcohol that would generate funds for the foster children.

The Sub-Committee were concerned about the dispersal of patrons in the early hours of the morning.  The Applicant advised that she have security patrolling the outside and two parking attendants to ensure that the patrons leave the area quietly and staggering the patrons.

The Sub-Committee heard from Environmental Health Officer that their objection was based on vehicles being within the vicinity of the Premises were located near residential premises.  Having patrons leaving the Premises at early hours of the morning could potentially cause noise nuisance.

The Environmental Health Officer advised he has accepted that the Applicant has taken steps to mitigate potential noise nuisance.  However, Bremer Road is the only road that the Premises can be accessed and there are residential premises there.  It is unusual for events to be held there till the early hours of the morning.  The Environmental Health Officer was concerned whether the Applicant could sufficiently manage approximately 150 people leaving the area that is quiet in the early hours of the morning.

The Applicant advised that she believed that she had enough security, to manage the patrons exiting the area in quiet manner. 

The Sub-Committee made further enquires as to who would be attending this event.  The Applicant advised that this event was aimed at mature adults, there would be no under 18’s and it would be a ticketed event.

In respect of noise nuisance, the Applicant had signage, wristbands to give to patrons upon their entry to the Premises and counters to ensure that the capacity does not exceed 150 people.  However, the Applicant did not believe that 150 people would attend the event.  However, she would increase the security subject to the recommendations of the Sub-Committee as she wants this event to work and foster good relations with the Licensing Department.

The Sub-Committee made enquiries into the Premises, whether it had a noise inhibitor and whether she had done a risk assessment.  The Applicant advised that as far as she was aware that there was not one located in the Premises however the DJ’s have inhibitors attached to their equipment to control the music.  In relation to a risk assessment, the Applicant advised that there would be two first aiders at the Premises.

The Sub-Committee asked the Applicant would she consider reducing the hours.  The Applicant advised that she would, and the Environmental Health Officer advised that they would consider withdrawing their objection if the Applicant reduced the hours.

The Applicant agreed to increase security at the Premises from 4 to 6 to further the licensing objective of prevention of public nuisance.

It was clarified during the meeting, that Applicant had obtained her personal licence in June 2023 however she had not held any events due to personal circumstances and this would be her first event.  The Applicant acknowledged that this was her first application for TEN and could have provided further and better information to support her application.

Whilst the Sub-Committee cannot attach the conditions on the TEN, it is advisable that these agreed conditions are adhered to at the event and going forward to minimize the effect on local residents and positively promote the licensing objectives.

RESOLVED:  That the Sub-Committee grant the TEN with modified hours for the sale by retail of alcohol (on premises only), the provision of regulated entertainment and the provision of late-night refreshments from 20:00 hours on Friday 2nd August 2024 until 01:30 hours on Saturday 3rd August 2024.  The Premises is to close at 02:00 on Saturday 3rd August 2024.

If any of the parties are unhappy with the decision they are entitled to appeal to the magistrates’ court within 21 days from the date of notification of this decision.