Agenda item

To consider an objection to a temporary event notice

Presentation by the Licensing Officer

 

The Licensing Team Leader informed the Sub-Committee that:

 

• There had been a submission for a Temporary Event Notice (TEN) to open up the rear area of the premises for licensable activities.
  
  
• That there had been representations received from the Council Noise and Nuisance Team and the Metropolitan Police opposing the request.

 

Questions to Licensing

 

• Following questions about the current license and the lack of permission to use the rear area, it was explained that this area was previously utilised as a garage workspace, and that there was had been a significant impact of noise from that area that had been reported by local residents. It was explained that there had been Planning permission secured for the rear area of the site to install a secure roof on the site, which had not yet been undertaken.

 

Presentation by the notice giver:

 

Mr Max Lemba, representatives for the applicant, informed the Sub Committee that:

 

• The previous owner of the premises had utilised the rear area as a shisha area, which the current owner did not consider viable and would not undertake.
  
  
• It was suggested by the applicant that the refusal of the Temporary Event Notices for the licence holder was having a significant impact on the viability of the business.
  
  
• The applicant suggested that there were limited numbers of objectors to the activities proposed on the premises.

 

Questions to notice giver

 

• The applicant explained that they were not aware that their TEN was not in place, and were not aware that they were in breach of licence, as it was explained that emails were not being received.
  
  
• The applicant noted that they were not always open during licenced hours due to other job roles and commitments.
  
  
• It was asked by the police representative if future application for TENs made by the applicant could include an operating schedule to provide assurance of adherence. It was noted by the applicant that if required, that they would submit this in the case of a weekend event.
  
  
• The applicant explained that they would utilise a TENs application on a weekday in order to cover any usage of the back area.
  
  

Presentation by objectors:

Police Constable Costache Adriana-Monica, objector and the Senior Noise & Nuisance Officer and informed the Committee that:

• They had concerns that the applicant would not uphold the licencing objective, and made objection to the application.
  
  
• It was explained that there had been complaints received by the Licencing Authority from residents relating to late night music and people noise from the premises.
  
  
• That the Police had not attended the premises and so they could not confirm that the noise came from those premises. It was additionally noted that there were no other recent noise complaints received.
  
  
• That the Noise and Nuisance Team noted that the premises were still open following licencing hours and that there was evidence of licensable activities being undertaken in the rear area, which was a breach of licence.
  
  
• It was explained that the applicant had applied for five late Temporary Event Notices, which had all been rejected. Licencing Officers noted they had received complaints that an event had taken place outside of licenced hours following rejection.
  
  
• It was stressed that officers had ensured that all late TENs applications that had been rejected had been sent to the applicant.

 

SUMMARY

 

• The Metropolitan Police and Noise and Nuisance objectors reissued their objection as they were not convinced of the licencing objectives that had been put forward as part of the TENs application.

 

• The Notice Giver explained that the refusal of TENs would have significant impact on the viability of their business. The notice giver additionally noted that their issues with the receipt of emails had caused some issues with understanding refusal of previous TENs applications.

 

The Panel carefully considered the Temporary Event Notice (TEN) served by the Applicant dated 31 July 2025, the representations from the Metropolitan Police and Council Noise Team and the Applicant made both orally and in writing prior to and at the meeting, the Council's Statement of Licensing Policy and the Home Office guidance issued under section 182 of the Licensing Act 2003. 

 

Date Applied For 

 

16 to 20 August 2025 

 

Licensable Activities Requested 

 

Late Night Refreshment: 

16 Aug 00:00–03:00; 17 Aug 00:00–02:30; 18 Aug 00:00–01:30; 19 Aug 00:00–01:30; 20 Aug 00:00–02:00 

Supply of Alcohol (On the Premises Only): 

16 Aug 14:00–00:30; 17 Aug 14:00–00:30; 18 Aug 14:00–23:30; 19 Aug 14:00–23:30; 20 Aug 14:00–23:30 

Maximum attendance: up to 65 people. 

 

Panel Resolution 

 

The Panel resolved that allowing the licensable activities stated in the TEN would undermine the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. 

The Panel therefore considered it appropriate to issue a Counter Notice, with the effect that the licensable activities set out in the TEN shall not be permitted. 

 

Reasons 

 

The premises is situated on West Green Road N15, on a retail parade with residential premises above and residential streets behind. 

The existing Premises Licence holder is Chez Nicky Limited and the Designated Premises Supervisor (DPS) is Mampasi Lemba. 

Mr Lemba gave evidence to the Panel. 

 

Existing Premises Licence 

 

Recorded Music: Friday to Saturday, 23:00 to 00:30. 

Late Night Refreshment: Friday to Saturday, 23:00 to 00:30. 

Supply of Alcohol: Sunday to Thursday, 11:00 to 23:30; Friday and Saturday, 11:00 to 00:30; Christmas Eve, Christmas Day, New Year's Eve and New Year's Day, 11:00 to 01:30. 

Opening Hours: Sunday to Thursday, 07:00 to 00:00; Friday and Saturday, 07:00 to 01:00; Christmas Eve, Christmas Day, New Year's Eve and New Year's Day, 10:00 to 02:00. 

The licence excludes use of the rear of the premises for licensable activities. 

 

Responsible Authorities 

 

Objections were made by the Police and the Local Authority Noise Team on the grounds that the licensing objectives would be undermined. 

The Police objected citing multiple alleged breaches of licence conditions and a report of loud music at approximately 03:00 on 19 July 2025, although officers could not conclusively attribute the noise to the premises. 

The Noise Team objected due to multiple noise complaints and repeated breaches of licence conditions, including operating beyond permitted hours. 

The Noise Team further gave evidence of repeated use of the rear of the premises for alcohol consumption, contrary to licence conditions. 

 

The Licensee 

 

Mr Lemba stated that he had submitted several TENs, particularly late TENs, and believed they had taken effect because he had not received objections. 

He also stated that the business could not survive without routine use of TENs to operate later hours and use the rear of the premises. 

 

Licensing Officer 

 

The Licensing Officer gave evidence that responses had been sent to each TEN submitted and that the Licensee had generally responded to those communications. 

 

Panel Findings 

 

The Panel accepted the evidence of the Noise Team. 

The Panel did not accept the Licensee's claim that objections had not been received and concluded that any operation beyond licence hours or use of the rear area had therefore been undertaken knowingly. 

The Panel was concerned by the admission that the business was not financially viable without routinely operating beyond the terms of the licence under TENs. The Panel considered that the appropriate course would have been to seek a variation of the premises licence rather than rely on TENs to circumvent existing conditions. 

The Panel had no confidence that the Licensee was taking seriously the obligation to uphold the licensing objectives and therefore resolved to issue a Counter Notice preventing the event detailed in the TEN from taking place.