Agenda item

The Licensing Officer presented a report in respect of an application for a premises licence by Training for Life, Units 2.01/2.02/2.03/2.04, Ground Floor, Bath House, 5 Arboretum Place, Barking to cover various licensable activities including the playing of live music, recorded music, the provision of facilities for dancing, the provision of late night refreshment and the supply of alcohol. The Board noted that representations against the application had been made by two residents of Bath House and by the Council’s Noise and Nuisance team.

On behalf of the Council’s Noise and Nuisance team, Tim Jones stated that the proposed conditions within his letter of representations were based on the limited detail within the application but having spoken to the applicant, he was satisfied that only incidental music would be played at the premises the vast majority of the time.  On this basis, he stated that he would be content to waive the proposed condition in relation to acoustic door seals.  Mr Jones confirmed that the condition relating to the noise limiter would, in his view, still need to be imposed to ensure that appropriate restrictions are in place to protect local residents’ wellbeing.

On behalf of the applicant, Emma Foster explained the background to the company, which is a registered charity, and explained that the premises will operate as a restaurant and provide apprenticeships and full-time jobs for the local community. The company has two similar restaurants in different localities and is running these successfully with no disputes with the local residents about nuisance. Ms Foster reiterated that music levels would only be at a background level and that the company is very mindful of its responsibilities to the local community.

Ms Foster confirmed that the standard opening hours of the premises would from 08:00 to 23:00 hours. However, the application seeks permission to carryout licensable activities beyond those hours to enable the occasional event or function to be held without the need to apply and incur the costs for a Temporary Event Notice on each occasion.

The applicant would accept the condition imposing the use of a noise limiter if the Board considered this to be necessary although the applicant is mindful of the cost.

At this point the Board retired to consider its decision.

The Board’s Decision:

Having considered the application, the representations made and the matters discussed at the meeting, the Board agreed to the granting of this licence subject to the following conditions:

  (i)  A noise limiting device shall be fitted to the music system and set to a level agreed by the Noise and Nuisance team by the time the premises is open to the public.  This device should then be sealed with tamper proof seals and available for inspection by the noise team at any time.  Any amplified sound produced by any visiting artists must be also controlled through by the same noise limiting device.

  (ii)  Acoustic door seals shall be fitted to the fire/emergency exit doors so as to minimise noise escape from the premises.

  (iii)  All external fire/emergency doors shall be kept closed, allowing emergency egress, whilst entertainment is being provided.

  (iv)  Maintain the sound-limiting devices in full working order and ensure they remain at the levels set by the noise team.

  (v)  Ensure at all times that any amplified music is played through the sound-limiting devices.

  (vi)  There shall be no movement of musical or amplification equipment from the premises between the hours of 12 midnight and 8am.

  (vii)  No part of the exterior may be used for the purpose of public entertainment.

  (viii)  Suitable persons shall be employed at all times whilst entertainment is being provided and shall take all reasonable steps to ensure that patrons will not cause a nuisance to the neighbourhood.