Minutes:
The Chairman read out the Decision as follows:
FINDINGS
The Sub-Committee had due regard to the report of the Licensing Manager, representations put forward in the agenda and the representations put forward at the Hearing.
Norfolk Street is an area of King’s Lynn with a night-time economy. This is positive. However, it is also an area where people live and the Sub-Committee balance the needs of both the business and the residents. The Sub-Committee has a responsibility to promote the licensing objective of the prevention of a public nuisance and, having considered the information from the Community Safety and Neighbourhood Nuisance (“CSNN”) officer of the council and the resident who attended today, the Sub-Committee is of the view that the noise from music effects those nearby residents especially their ability to go to sleep and to stay asleep. Whilst the premises has been trading under a Temporary Event Notice, there has been an opportunity to monitor the situation by the CSNN team which considered that the level of noise was such to significantly effect the quality of life of the person who lived opposite the premises. Mr Polichnowski explained that the noise was especially problematic for him when it occurred on a Thursday night as he was a person who worked and had to work on Fridays. These are important issues that the Sub-Committee has focussed upon.
The Sub-Committee considers that it cannot grant the application as submitted but that it is possible to impose conditions to address the concerns raised.
The Sub-Committee requires the mandatory conditions and those consistent with the operating schedule to be attached to the licence.
The Sub-Committee impose the conditions suggested by the police to address the prevention of crime and disorder and agreed by the applicant as set out on page 43 of the report before the hearing today.
The Sub-Committee consider that the following conditions are appropriate to promote the licensing objective of public nuisance:
CONDITIONS
The Sub-Committee attach the following conditions to the Licence:
That the opening hours of the premises be as follows:
Sunday to Thursday – 8pm to 12.30am
Friday and Saturday – 8pm to 2.30am
The opening hours may be extended to 3am on New Year’s Eve, Christmas Eve and on any Sunday immediately prior to a Bank Holiday
The supply of alcohol is permitted as follows
Sunday to Thursday – 8pm to Midnight
Friday and Saturday – 8pm to 2.00am
The hours of supply of alcohol may be extended to 2am on New Year’s Eve, Christmas Eve and on any Sunday immediately prior to a Bank Holiday
Regulated entertainment (performance of live music and the playing of recorded music) is permitted as follows
Sunday to Thursday – 8pm to Midnight
Friday and Saturday – 8pm to 2.00am
The hours of regulated entertainment may be extended to 2am on New Year’s Eve, Christmas Eve and on any Sunday immediately prior to a Bank Holiday
The Sub-Committee also impose the following conditions to promote the prevention of public nuisance
- The licensee shall take appropriate steps to ensure that the customers entering and leaving the premises, and any customers queuing prior to admissions, do so in a quiet and orderly manner.
-All external windows and doors must be closed during the playing of any music other than background music, with the exception of normal access and egress.
The Sub-Committee has noted the concerns of the CSNN team and the risk of future nuisance. Whilst not a condition, the licence holder is advised to prepare and implement a noise management plan and to liaise with the CSNN team.
DETERMINATION
The Sub-Committee grant the application, subject to the addition of the above mentioned conditions.
RIGHT OF APPEAL
It was noted that both the applicant and persons making representations had a right of appeal against that decision to the Magistrates Court. An appeal must be commenced within 21 days beginning with the day on which you receive notification of the decision. You may wish to seek independent legal advice from a solicitor or the Citizens Advice Bureau regarding this.