Agenda item

The licensing officer advised that two additional papers had been received; one from the Cally Festival team and one from the applicant who had outlined his role in the festival.

The noise officer advised that the premises was just outside the roadblock for the festival. She had visited the applicant last year with an officer from the Cally Festival team and a licensing officer. They had discussed the importance of noise control. The music system had been disrupting parts of the festival because it was so loud. The licensing officer had tried to moderate the volume but this had been unsuccessful.  The noise officer was unable to put controls on the volume as there was no premises licence. The officer raised concern that there would be more disruption this year if the volume was not moderated.

The licensing officer stated that she and the applicant had controlled the noise level at first but then the noise level had risen throughout the festival even with ongoing dialogue.

Councillor Convery attended the meeting to act as a witness to the account given by the noise officer as he was there. He explained that the applicant was just outside the festival. He sold charcoal barbecued foods, soft drinks and had a sound system. There was a Caribbean flavour and his set up added to the festival atmosphere. This was the first year that a TEN application had been submitted to serve alcohol. This would mean the sound could be regulated. Councillor Convery said he wanted the Cally Festival to go well. He was happy to support the application but the volume had to be at a level which would not disrupt proceedings.

The applicant stated that he was looking forward to the festival. He provided diversity in his music and had families and friends attending. He stated that he would keep the volume low.

In response to a question from the Chair, the applicant stated that he only wanted the alcohol licence in order to sell Jamaican lager which would be poured out into cups. He said there was no link between the alcohol and noise.

In response to a question from the Chair, the applicant explained that he had a friend who had turned up the music but this year he would tell him this was the last chance for Best Taste and he would not be in control of the music.

In her summary, the noise officer said she wanted the applicant to participate but the noise had to be kept under control.

Councillor Convery suggested that a condition be added to check and set an appropriate noise level prior to the commencement of the event that would be retained throughout the event. The licensing officer advised that it was not possible to condition a TEN but the applicant could give an undertaking.

The applicant stated that he was willing to limit the noise to a level advised by the noise team and was prepared to do his utmost to maintain.

RESOLVED

That the application for a temporary event notice in respect of Best Taste Caribbean Take Away, 335 Caledonian Road, London, N1 1DW be granted.

The applicant gave an undertaking to keep the music emanating from the premises and/or the vicinity of the premises at the level agreed by the noise team throughout the period of the TEN.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Licensing Sub-Committee noted that the applicant had provided regulated entertainment at the previous Cally Festival. The applicant had received advice regarding managing the noise from the sound system at his shop but the applicant failed to comply with requests to moderate the volume.

The applicant acknowledged that there were issues with the level of noise generated from his premises last year during the festival and that he would take steps this year to keep the noise levels under control.

The Licensing Sub-Committee noted that as the applicant does not hold a premises licence, the licensing authority were unable to impose conditions on the proposed TEN. However, the applicant indicated that he was willing to give an undertaking to keep the noise under control and that he acknowledged the responsibility was down to him.

The Licensing Sub-Committee noted Licensing Policy 12, paragraph 102, which stated that anyone submitting a TEN should implement appropriate measures to mitigate against the risk of the event undermining the licensing objectives. In view of the undertaking from the applicant and the submissions from the responsible authority and Councillor Convery, the Licensing Sub-Committee decided to grant the TEN.