Agenda item

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on (0116) 454 6354.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an objection notice relating to a temporary event notice (TEN) submitted by Mr Ercan Dogan for The Apres Lounge, 94 High Street, Leicester, LE1 5YP.

Members noted that an objection notice had been received in respect of the Temporary Event Notice, which necessitated that the Temporary Event Notice had to be considered by Members.

Members further noted that an objection notice had been received in respect of a Temporary Event Notice for a different event for the same premises. The Chair agreed that the two objection notices be taken together.

Mr Ercan Dogan was present, accompanied by Mr William Hyman (Shop Fitter), Mr Medley (Acoustic Technician) and Ms Lisa  Gilligan (legal representative). Mr Andrew Sansome, Noise Team and Mr Alistair Hollis (Noise Team observing), were present. Also present was the Chief Licensing Officer and Legal Adviser to the Sub-Committee.

Introductions were made and the Chair outlined the procedure for the meeting to those present.

The Chief Licensing Officer presented the report and answered questions from Members. It was noted that objection notices had been given by the Noise Team on the grounds of the prevention of public nuisance. Temporary Event Notices were given by Mr Dogan on Wednesday 30^th October (for an event from Friday 15^th November 2019 to Sunday 17^th November 2019), and on 6^th November (for an event from Friday 22^nd November 2019 until Sunday 24^th November 2019).

It was reported that if an existing premises licence covered the area in which the event would take place, then conditions from that licence could be imposed on the temporary event notice. It was noted that the premises licence for The Apres Lounge did not cover the garden area, which was separate from the premises and as such it was not possible to impose conditions.

Mr Sansome outlined the reasons for the objection which applied to both temporary event notices.

The legal adviser for the applicant was then given the opportunity to respond to the points and concerns that were raised by the Noise Team and answered questions from Members. It was noted that Mr Dogan had responded to the issues raised by the Noise Team and was in the process of making physical changes in the garden and had consulted an acoustic technician to limit noise nuisance. A Noise Management Plan would also be drafted and submitted to the Noise Team for discussion. It was further noted the applicant had been unaware of previous complaints but had taken on board all comments and offered a reduction in the time requested on the TEN to 2.30am.

The Legal Adviser to the Sub-Committee advised the meeting that any modifications to the TEN could only be made by the objector following consultation with the applicant prior to the hearing, in which case that hearing would be dispensed with.

The legal representative for the applicant asked for a short adjournment of the meeting to discuss the current position with the applicant and Noise Team Officer. The meeting adjourned at 10.00am.

At 10.36am the meeting reconvened with Councillor Hunter, Councillor Dr. Sangster and Councillor Shelton, the Chief Licensing Officer, the Legal Adviser to the Sub-Committee, Mr Dogan, Mr Hyman, Mr Medley, Ms Gilligan, Mr Sansome, and Mr Hollis.

The legal representative for the applicant informed the meeting that the TEN for Friday 15^th November to Sunday 17^th November would be withdrawn. A request was made to adjourn the TEN to a date to be set for the following week.

The Chair, Members present, the Legal Adviser to the Sub-Committee and Noise Team Officer agreed to adjourn the hearing for the TEN for Friday 22^nd November to Sunday 24^th November to allow the applicant to complete noise amelioration work and the Noise Team Officer to undertake sound checks.

RESOLVED:-

1.    That the TEN for Friday 15^th November to Sunday 17^th November be withdrawn.

2.    That consideration of the TEN for Friday 22^nd November to Sunday 24^th November be deferred until a re-convened meeting of the Sub-Committee on Wednesday 20^th November at 2.00pm.