Licensing Sub-Committee - Tuesday 23 January 2024, 7:00pm - Wandsworth Council Webcasting

Licensing Sub-Committee
Tuesday, 23rd January 2024 at 7:00pm 

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good evening, everyone, my name, is Councillor Jeffery welcomed to this meeting at the Licensing Sub-Committee.
which will be held also in a hybrid form.
this hearing will be considering two applications for new premises licences for mich masala 2 1 3 Upper Tooting Road and Wotton Tooting 180 opportunity road, please bear with us if we experienced any technical difficulties.
it is, it is proposed that I chair this meeting if this is agreed by the is this agreed by the members of the Licensing Sub-Committee.
agreed. Thank you, Members of the Sub-Committee, I will now ask you to introduce yourself.
Councillor for them.
Councillor Rigby, thank you, the officers present are Caroline Chalke, the Licensing Manager, who is joining us remotely Gary Ward, who is the legal adviser sitting in person, Laura Campbell, who is actually in person as well, please note that another officer Maryanna Ritchie is on hand to webcast the hearing thank you.
all those present are reminded to ensure that your microphone is set to mute until you are invited to speak and to mute the microphone again once you have finished speaking.
you should only address a sub-committee when I have called your name state your name when you when you are called to speak, and every time you do speak.
are there any declarations of any pecuniary, other registrable or non registrable interests that you need to declare today, anyone?
so thank you.
sorry, if I make it because I don't think it comes under those particular headings, but it is worth declaring that I have in the past been accustomed to this restaurant, but of course it will have no bearing on on how we approach the issue at hand tonight.
I've also visited the restaurant, but it will have no bearing on the decision. Thank you for that. We are now to consider the application for a new application for a premises licence in respect of the marriage masala. The subcommittee will hear the case as a discussion and the maximum time for each party to speak is 5 minutes. The Sub-Committee will not normally allow cross examination. Please note that there has been a supplementary agenda published with additional information from the applicant that has been circulated to all parties. There has also been a number of documents submitted by the objector that have been circulated to the Sub-Committee and the applicant today. Please be mindful that they are personal details contained in some of these documents, such as contact details that are not to be disclosed during the hearing in public
at this stage, the lighting sake sub-committee will consider any request made by a party from P for permission for another person.
in addition to any representative to appear at the hearing to assist the sub-committee.
the Democratic Services Officer will confirm if any party has made a request.
let us, let me okay, I will now invite the Licensing Manager to present the report.
thank you Chair.
I am mindful you've read the paper with members, so I'm just going to give you this summary of the application you've got in front of you.
added to this is an application that has been made by Shazad Hussain for the Mitch masala and
these premises are located in Tooting Broadway the premises exist as a restaurant, but the applicant is now applying for a late night refreshment to allow them to open from 11 pm to midnight Monday to Sunday, the application was advertised Chair as required under the Licensing Act and this resulted in re representation from the Met police who raised concerns that granting the licence in each in its current format would undermine the prevention of crime and disorder as the licensing objectives.
consequently, they, please of ask for extra conditions to be added today to the licence, if granted the applicant agreed the conditions that the police requested and subsequently they play a, the police, sir, withdrew their representation, the planning authority also made a comment to say that the restaurant has a planning permission only up until 11 30 pm.
and subsequently the Licensing Authority have advised the applicant to contact Planning if these licences were to be granted to ensure that the correct planning permission was in place, it's just to not Chair that the Planning Authority didn't make any re representation, they just made a comment in relation to planning permission granted.
we also received a representation from another ace, then all raised concerns about public nuisance, being undermined if the slightest way to be granted, in particular the concerns raised way to in relation to noise from increased activity of delivery drivers, late night noise associated with such activities, noise from patrons leaving the premises late at night and they or we receive further information.
as you start to chair, in addition to the representation, all the copies of the representations have been distributed to the Sub-Committee tonight and the applicant we did not receive any other representations from responsible of other responsible authorities, so the applicant has also volunteers some additional measures in the opera T J Joe which can be added today.
licence, if it way to be if you were minded to granted, and this would be form as conditions of the licence, and these are produced in Appendix A of the report, which is on pages 7 and 8 of the agenda, the Licensing Sub-Committee may or may modify these conditions if they consider such steps appropriate after hearing all the evidence tonight, so the options available to the Sub Committee are,
have to be in it with a view to promote the licensing objectives, and these are either to grant the application, modify the conditions if the Members were minded to grant or to reject the application, this is the application, as I understand it chair I am happy to answer any questions or any points of clarification at this stage. Thank you.
thank you for that, Ms Chalky.
do Members have any questions for the Licensing Manager?
a lot of the stag night.
thank you.
if anyone else in attendance has any questions, clarification based on the statement, please indicate this now.
carried out.
I just joined.
I don't know if this was about my.
sorry to spare me my amendment and this is for the first application, the application, for what I'm treating, will follow up after this application you just might display online and we will start your application later, thank you.
OK, that's right, thank you.
so now I'm gonna, be inviting Mr Chestnut Hudson.
and you've got five minutes to address this at committee.
and you can stop now.
thank you, thank him as Chairman actually chairperson, thank you for the community and everybody due to present me to to share my things, firstly, the bulk information attached regarding to the food hygiene issue in the nobody branch do not lead to me personally I have been falsely linked to beat I this is proven letter, a charge from the Caribbean Council after a communication from my solicitor.
correcting them and agree not to claim compensation from the Council for running my name ruining my name when I had nothing to do with it.
the other issue raised regarding to the window or the fire escape are a matter for the planning department and are not related to the late opening lessons the issue of the complainant has regarding rubbish, so they are.
do with their tenants I have with or without with my neighbours and to their tenants nothing to do with with it.
warming are the problem, every borrower, including the residential and commercial, this this is the way I have a pest control.
contract to keep top of this issue and are happy to say I have no issue this this, this point of any in my premises, the alleyway is a communal walk, which is everyone use, some of the flat have their interests in the rate.
if you as well able to form the picture provided by our neighbours, carpet and or household products into a pile of rubbish which are clearly do not belong to us.
people fly tipping there as well, which the council are trying to overcome my neighbours at 200 and 11.
to have a personal Vagenda against me and try to show me this ever now, then.
that issue are created and
exaggerated, and I am not sure why someone could go such a length to complete matter of someone else, especially their neighbours, I'm hoping you will consider my application on my track record, as they have not been any complaints, complaints from customers or public in regard to noise waste or anything else the business has been established over 20 years as 20 years and is well loved and popular in the community.
desktop
thank you, thank you, Mr Hudson.
any members in the sub-committee would you like to ask any questions from the applicant.
thanks high and one of those things that is mentioned in the pack is the use of the the upstairs dining room.
apparently, obviously, that sort of is a separate matter for the for the planning department, as I understand it.
but obviously, if we were to grant this licence for for late night refreshment that could also have an impact on on that area as well, I'm just wondering, obviously, one of the things that that could could be put in place is a is a restriction not to use that area after a certain time do you think that would be a workable solution from your perspective?
yeah, it is it is possible if we not use after 11 o'clock upstate area.
we
so you mentioned the planning department, are you working with the planning department to get an application on the structure at the back, is that or you are you pursuing a planning application?
yes, madam, actually we get, we had a planning permission already submitted in the Council for the for the upstairs hall, which is we establish used, but we have a real store, already been a planning permission would get, we had is approved in 2008.
thank you.
any other questions.
Councillor Breedon
thank you Chair,
and obviously a couple of the the complaints have mentioned noise and that kind of thing.
I was having to say some of the some things that I've seen in the past include, having I know some premises have something called a dispersal policy or something like that that's publicly available whereby people know how it is to try and encourage your customers not to create noise or something like that is that is that something that would be workable, do you think from your perspective yeah we we are happy to happy to rule that we can put out we haven't noticed over there to be quietly Bill left the premises quietly.
and the despairs that all we can do that we have mostly the from family based customers we have, we do not have a big parties and things like that, and they are there and we are not serving alcohol in our premises, the people allowed to bring their own but they are like mostly we have a family based customer is not like.
big events we don't hold any big event, hardly we have some parties.
the big gathering.
where he did
most of our customers, based like single tables and people are four or six slider maximum we can take hold at up to 10 people.
for some time in the Christmas we can take up to 15 or 20 people in Mexico last week, we have a capacity, thank you, thank you.
thank you any other questions from the sub-committee.
OK, thank you, if anyone else in attendance has any questions or of clarification based on the statement ahead, please indicate this now.
OK, thank you, so now I'm gonna be.
I am going to ask Ms Krishna Takhar.
who is attending remotely?
to please introduce yourself before you speak, and you have a maximum of five minutes to address the Sub-Committee, and it is.
put nothing and you can stop.
and respected Councillors and sub committee members. My name is Christian. I prepared a statement which I will be reading from, and I am addressing you today for this premises licensed by MCC masala, on behalf of the immediately neighbouring property at 2.00 1 1, Upper Tooting Road, from which the commercial business is run by my family, who have been trading in Tooting since 1976. We are one of the many long-standing family businesses who have been in the area for five decades or more, who have contributed to the overall success of Tooting and the reason for us being able to sustain our businesses if the ability to cooperate and coexist with all current and future businesses in the area. The applicant has been unable for cricket 20 years now, and despite various annoyances and inconveniences over the years, we have tried to maintain neighbourly relations, as we do with any other business in the area. Have an overall mutual masala business as outgrown the premises and is spilling out of the curtilage of the premises, so it is necessary to understand what is required in order to cope with the increased demands of not only serving customers in the restaurant but also takeaways and the increased requirements of the deliveries business. I believe I have provided sufficient evidence that our concerns are well founded, that the applicant's business is already causing problems within the community. I immediate grounds for objection to refuse a licence was that any increase of trading hours of a business, which has already shown to have a negative impact affecting residential and commercial occupants, for the reasons set out in relation to various categories of public nuisance, will only exacerbate the problems and should be refused in its current form. But I believe that, in its current form, on the basis of the applicant's operating schedule provided for this application, the grant of a premises licence for the applicant would be contrary to the Council's Licensing Policy. It is clear that the applicant has either disregarded the impact of his business on neighbouring amenities and has not carried out a comprehensive risk assessment for the purpose of
establishing compliance with licensing objectives and steps to mitigate their activities. That said, if the committee members consider it beneficial to grant a licence to bring the applicant into the licensing regulatory framework in order to provide the council departments with further enforcement powers, enabling them to provide the protections to the public, local residents and businesses under the licensing legislation, then we would request very stringent conditions to be complied with by the applicants in the public interest. In this case, I would ask the Sub-Committee to be mindful that it's not just our property that is affected. The restaurant activities also affect and have ability to affect one residential unit. At 2.00 1 1 8 being the closest one was affected, 6 residential units above 2 1 5, opportunities road to resident residential units at 1.00 clean off street, which directly backs onto mature masala 3 residential properties above 2 0 9 up Tooting Road and all other residential properties above shops in that parade, which all are accessed via a narrow alleyway running behind the commercial parade between Ebola and Al-Miraj. I assert that any applicant needs to be able to demonstrate over an extended period of time, that at the very least, he can comply with basic statutory requirements within his field of business, which this applicant has failed to do so far,
I understand licensing authority tries to avoid duplication with other statutory regimes, but needs to be considered if it relates to the licence-payers' thing objectives.
whilst not in an exhaustive list, I would like to request the Committee to consider the following appropriate compliance with planning conditions, especially not to use the first floor restaurant for dining, which had been clear breach of planning, condition repair to current dilapidations and requirement to keep in repair no use of the fire, escape walkway for unnecessary restaurant use except for emergencies as a fire escape as they have alternative methods to access the rear kitchen and store room, building regulation, compliant or suitable plant and machinery which is currently installed on unauthorised roof structures, for example external boiler noise breakout from premises both top and ground floor especially outdoor areas noise control for refuse disposal after 11 pm and,
waste management in general, by staying within the curtilage of the premises and daily collections, at the very least, evidence of staff training in terms of noise control, waste management and sanitation, and any other matters which committee members consider appropriate given the evidence is provided five minutes for a very short time to discuss the vast scope of the nuisances, but I hope my representations have gone some way to present our experiences. Thank you.
thank you.
is any is, are there any questions from his tackle?
lyric yeah, thank you very much for that very considered.
representation and actually for being really clear on what it's going to take to sort of generate some community harmony here.
have
that you've got a very specific list, what happened in the past when you've attempted to get these things resolved, what's the?
what's the general experience
and when we try to approach a neighbour to get some sort of resolution, the response has been 0. Yes, I'll speak to my staff, I'll do this or cleaner if there's either extended for months on end or it's got to a stage where they say Well I can just tell my staff I can't stand, there were a stick with a stick and get them to comply.
this is really not sufficient and in order to run a successful business in the area, despite the popularity of the business.
and just an external appearance of the business is an author Fisher or uplift a facelift if the business is not sufficient and if it is providing nuisance to the the wider public, so it's just not done promptly enough.
or at all.
thank you, any other questions have to subcommittee Councillor Freedom, thank you Chair.
have you have you or do you know, if any of your neighbours have contacted Environmental Services of the Council kind of mentioning these issues and that you don't feel they'd be addressed properly?
sorry, may I respond, yes, please that, but everyone yes, I mean we we we've asked.
the relevant Waste Management Jenna Maroney within the inspections enforcement, I'll be spoken to felt helpless I personally spoken to various noise nuisance departments, but they also said there was various obstacles and hoops to to actually get someone in to actually listened to the noise or whatever in a particular.
timeframe.
some of the experiences and the the I submitted, obviously for personal reasons I can't explain, shows one, I think on patient on three shows one occupant who was quite distressed and has tried to come in the past to the Council but obviously have to leave because there was no remedy the other alternative is if you can't beat them join them, some occupants will will stay on and then learn to live with it but,
I have also been asked by the relevant occupants in residential areas to assist and which I have by contacting the Council, but all the time I've also been told that it's the relevant residents that have to complain or certain specific PR and it's quite difficult to try to juggle this to try and get resolution allow and this has been shown that over the over the years that it's got to this state that this level,
that it was sort of escalated last year,
and I've provided evidences and and this and discussion on on, why this is it being resolved.
thank you any other consents.
thank you.
if we could move on to Mr Ashok Tucker is here is the online.
thank you.
that's my father, and that's him speaking on their behalf, so he's not a problem.
so.
as it is no further questions.
we know now gonna be concluding this part of the meeting, so thank you for.
sorry, sorry, Ms Sharkie, I didn't see your hand up there, please continue.
Surrey Chair and I was just trying to ask whether the applicant would be able to Sam happened with me, Miss M Thacker wants to sum up as well in terms of the information that's been given.
not through through rule, through your legal adviser Chair, thank you.
Mr Hussain, if you would just like to summarise.
your about today's application, you can just say a few words, it doesn't have to be very long.
thank you, Minister, thank you Chairman. Actually, I just want to say simple. We are running a business more than 20 years and, Ms Tucker, she just our neighbour, we had we just aware of these things a picture in afternoon because we have a refurbishment and she had a different measure last year as well, but we had particularly the pest control we have are regularly inspected by the council and planning permission planning regarding through the planning of the up first floor hall, we never been heard at any letter or anything from the Council, I took over the shop lease in 2017 my father and what our business since 2000 and like 99 99, my father was running and I took over the lease in 2017. We never had any letter or anything from the Council
upstairs hall is approved, I'm not aware of this one, but I suddenly away, as last year, when the planning went up, planning officer came and he says you not have planning you didn't get planning in 2001 and then we approached to the architecture and which have been the plans and we submit this again we have.
sufficient evidence submitted regarding to the planning application, but regarding to this licence.
regarding to the noises we have are mostly our driver, we use cycle cyclists, they are not making any noise or eating and.
we are regularly have rubbish cleaning or bin collections, but because we have in front of our elevator, doctors bay Dr parking, sometimes the doctors park, and the bin is collected, that's why to build the rubbish gonna be built up.
if the Dr going on per park, if not of the alleyway the rubbish is not going to be moved again, is not going to become out, that's the best way she tagged some pictures which, as I see in the hall, now that's going to happen I'm sorry for that but this is all conclusion if you grant me the licence to our village.
I will look after this one carefully and we run our businesses, we will look after our business, thank you very much, thank you, thank you for that, Ms Taco, if you would just like to summarise anything.
and, as I've already explained, based on just the operating schedule that's been presented, I am, I would be minded to object to refuse a licence, but at the same time I've already suggested that the vast list of issues that need to be addressed in order for a business to
responsibly carry out these activities within the borough.
as I I do.
the the point that I need to raise is the planning condition that has been set is on the actual business owner to comply with, they cannot just wait around carry out what they want to do until.
at the letter arise for the Council to say they're enforcing it, all these matters were raised as within the s application for a lawful development certificate, and it's obviously I won't go into that in detail.
but
I think it's there needs to be a lot more stringent conditions, then, as is the current case,
thank you.
thank you that now concludes this part of the meeting, the decision reasons and any legal advice given during the sub-committees discussion that has that has informed the decision will be confirmed in writing, together with information about any rights of appeal within five working days.
thank you for attending, you may now leave Ms Tucker and Mr Shahzad, Mr. Hudson, sir, thank you.
welcome to those attending for the application for a new premises licence in respect of Whaddon Tooting.
the subcommittee will hear the case as a discussion, and the maximum time for each party to speak is 5 minutes.
today we have here Councillor premium and Councillor Rigby, and we've also got a legal advisor, Gary Ward, and online is Ms Sharkie here beside me I have, Ms Laura Campbell.
the Sub-Committee were had a case of yeah, so at this day.
so at this stage I'm gonna bring in Caroline Chalke, who is a licensing manager, she's attending remotely to present the report, thank you, Ms Sharkie.
thank you Chair, and again I am mindful you read the paper awake in front of you. So just give me the summary of this application and this application has been submitted by Wacton Tooting Ltd and it's located in Tooting Bec the premises is located into a teabag. This is a new application altogether Chair. The premises has never held a premises licence. In the past, the applicant has applied for a licence walk to parties for the provision of late night refreshment between the hours of 11 pm to 1 am Monday to Saturday, and the provision of regulated entertainment for recorded music only between the hours of 8 am and 1 am managers are managed to stand day. Sorry, the late night refreshments are also minded to Sunday. The applicant was advertised as required under the Licensing Act, and this resulted in a Met police are raising concerns in relation to the prevention of crime and disorder being undermined if this application were to be granted in its current format, the police requested extra conditions to be added under licence if the Sub-Committee are minded to grant it, and the conditions are relating to staff training, including vulnerability, engagement, training and anti-terrorism training.
concern was also raised from a in barmaid to health officer.
and they have raised concern that they've saved on a noise abatement notice on the premises as a result of statutory nuisance that was witnessed and this was in relation to the kitchen extract system on the rear of the premises this matter has not yet been addressed and the the representations submitted by the noise and nuisance officer steel stands because it relates to the prevention of public nuisance being undermined if these licences were to be granted the police or conditions were addressed by the applicant and subsequently chaired they please withdrew their representation, we didn't receive any representation from either or other responsible authority authorities and other persons.
copies of the representations have been distributed to the applicant and also made available to the Sub-Committee tonight. The applicant as volunteers may volunteered measures in the operating schedule of the application to promote the licensing objectives. These are listed in Appendix A of the report which is produced on page 51, and these could be added to the to the licence. If the Sub-Committee wait to minded to grant the application there could be added to the licence as conditions. The Sub-Committee also may modify the conditions if they consider such steps appropriate. After hearing all the evidence tonight, so the options available to this Sub-Committee tonight are either to grant the application would find the conditions that have been proposed or we ought to reject, or the application
this is the application, as I understand the chair, I'm happy to answer any questions or points of clarification at this stage, thank you, thank you, Ms Sharkie.
do the members of the sub-committee have any questions they would like to ask Ms Sharkie?
now there's no questions, thank you.
so next, I'm gonna be inviting Mr Hyatt Huntelaar, who is the applicant.
please introduce yourself and you have a maximum of five minutes to speak.
yeah hi everyone, it's my first time in in a Committee or in such a gathering, so I don't know what to say, I mean like she explained it, that we applied for a night licence and Robert he attended the site yesterday on Monday.
we had little.
issues with the noise so
we tried to solve this problem and I have sent the e-mail with all the invoices we spent around 25 30,000 pounds on the extract system to bring the noise to 0 like 2, to bring it to the right level, so last week I have put the roof,
and
comply all the you know.
points which the acoustic consultant asked me to do it. So but Robert wasn't happy, he said now the noise level is not right, so I call them the acoustic consultant. Today I spoke to him, he said to me, the best way is we need to do a survey and then bring their report, and Robert told me this as well. He said, do that, do the survey? If the survey is appropriate to the right level of noise, then we are OK with it. If it's not, you have to bring the noise levels down
so
that's all from from my side.
thank you, Ms Turner, has any questions from the sub-committee.
Councillor Preet, him, thank you Chair.
so I mean, obviously it sounds like this is very much focused on one bomb particular issue, if you don't want to see what works could be done in this kind of situation, is is to put a condition on a licence that it would only you would only be allowed to serve the late night refreshment once once that's been signed off by Environmental Services in terms of the the noise in the nuisance do you think?
Erik do you think that would be a workable condition from your perspective?
Mr Oliver, would you like to answer that question?
of course.
we can bring the noise level down,
and also we applied for the timing until one o'clock, we can reduce that to 12.
if, if this helps.
yeah, we can we can bring it down and then it's a family restaurant, like earlier on with image, masala Shahzad was mentioning, we don't even serve alcohol, we don't allow alcohol, so all families, I mean like no live music just until 12 o'clock, sometimes when the customer are sitting late so we open till literally like one hour extra
so Councillor Lyric P.
yeah well, so thanks for that, I'm just wondering, was there a race in the replied for one, I am, because if you're happy to go to 12 that seems to fit with the other businesses, but was is there something that?
when I was when I was applying.
John from the council councillor says he was assisting through the application, so I told him 12 o'clock he said, apply until 1 in case to be 9 weekend.
customer wants to sit until 12 30 at 12.15, so you have the planning tool until one, but then I said OK make it until 1, but I mean I don't need it until 1 12, it's fine for us.
thank you any other questions from the sub-committee OK, thank you.
I can now I'm going to be inviting Mr. Robert Newby Walker from the Environmental Services.
please introduce herself before you speak and you have a maximum of five minutes, thank you,
thank you Chair, yes, I'm Bob maybe welcome a senior officer in the the noise team, Environmental Services, Environmental Health, sorry, yeah, absolutely, it's a very simple objection here, obviously the applicant is looking to extend the operation of the business until much later time with late night refreshment.
we have concerns over the noise of the extract system, which is why we served an abatement notice, requiring remedial remedial work to that system, so that the notice was actually served back in July 22, this has been a long-standing issue that has dragged out over a considerable length of time.
just to put it in context, the restaurant opened in July 22 and we made the drew complaints.
were involved quite quite soon after the after operated.
it soon came to light that there was never any planning application for the unit that they put on the rear, this is a new build, there was obviously planning conditions within that that development, but there was a specific, specific condition that required any unit on the ground floor that was to be a restaurant, they did need to submit a details of their extract system before they started operating and the business didn't do that in this instance.
they then had to subsequently.
PLA apply for planning permission, and then I'm going through that process, that's what's held up any sort of work actually to to resolve the the the nuisance and that planning process did take a long time, it was actually finally approved that the the end of January 23 and then works continued to be delayed, we can continue to be told.
when Mistura, that works would be in imminent and that the work would be done, but it wasn't actually completed until April in 23.
and then.
it became apparent that it hadn't really been successful.
there was two issues to the complaint, both odour and noise, the odour potentially has been addressed.
but the the noise was still very much evidence, so as part of the application they had a noise impact assessment, the requirements of the the the extract system was to be below the background in the area.
it is very evident if you go down there now that there is still a very distinct noise coming from the the extract system. You can hear it for quite a distance away and that's in the daytime, and obviously that's with daytime background levels. It's still very, very obvious and but even more so as the background levels for, so the complainant said, did come back to us of that, what was done to say Yes, it is still causing them a problem. We advise Mr earlier that it hadn't been resolved properly. This was now in June, there was a bit of a delay before the residents came back to us. I think principally this is a summer issue for those residents as soon as they start using their gardens and opening windows so
again, the delay of the the work taking place over the earlier part of the year winter there wasn't pressure from the complainants within the complaints came back, wants to work had supposedly been completed, but to highlight that it wasn't still effective we advised Mr. Ella back in June that the problem was still there and that they needed to get his consultant back because it clearly wasn't operating at the levels that had been specified in his noise impact with assessment and he assured me that that would be the case and that the works would would soon be quickly be implemented and the matter would be resolved.
I was chased him again in July and was again still told that the
consultant would be returning shortly, they were just waiting on reports.
and then I was told that works would begin to take place in corrective works again in August.
and then again didn't hear anything from from Mr. O'Hara, it was only then with the the application the licence application has gone in where I
one of the responsible authorities comment on those applications that I noted that yeah yeah, this application to extend the hours is there, and yet I'd still never heard from Mr Allah about the the works being completed. I obviously raise that immediately with him on receipt of the the application and made him aware that he'd got 28 days before for that consultation periods or to get it in shape. I went down and had never listened to it, myself and again, still very evidently noisy and a problem in the area, and then it's taken him pretty much to after the new year to tell me that some works are gonna be scheduled
and yes, I visited on Monday because he'd finally done some additional works, very much at the 11th hour which, again
may have improved the noise to the flats above, but from a distance around the unit, you can still very much make out the noise of the extra and I would consider it still to be a nuisance to to the the residents so.
the radius away from from the property, so it's my recommendation that the application is declined. This has been a long ongoing problem that Mr Olivers be able to deal with in an effective manner. He's had a lot of chances to do so. I was put in a condition on the application. Would be one way to address this. My concern is that that perhaps or encourage him to continue to operate or to go further, so sorry, I'm gonna have to stop you that your five minutes is
has lapsed now that I was by our conclusion anyway, thank you, thank you Chair, that's fine, thank you, is there any questions from the subcommittee for Mr for Environmental Services?
can I ask I mean like, can I add something, yes, if you'd like to come, is it a question for Minister for the Environmental Services or?
another question and just to reply a little bit to update all of you, but what I'd done because he mentioned the dates and then I need to just get an update.
you'll be getting a time to summarise your application in a moment.
do you have any questions for Mr Walker?
trap?
Mr Ward, would you like to come in on that I had a question for snobby Walker.
thank you pleased to proceed with your question, so so I was interested to know what Mr Naomi Walker was going to say at the end, when he ran out of time, he would say it seems to be just about to explain why he thought that the potential condition would not work and I was interested to hear the answer to that question.
if he could help, thank you, Mr Walker, would you like to come back and just finish yeah, you were saying that thank you, thank you go yeah.
received that I had a lot of assurances that the work that has always been eminent or the this was gonna, be concluded.
and it's never come to light, and I do feel that.
that the applicant has sort of lost the goodwill of the Council a little bit hereof I feel, and that to place a condition requiring the work to be done before he operates, I, I think, sounds perhaps a little bit of the wrong message, and I also don't think residents would be pretty aware that condition if they were to look at the the the public register, they'd see that it has a licence to to apply until one o'clock or two or 12 whatever the hour
unless you talk to the bottom and go through those conditions, you, you wouldn't be aware, perhaps of those those distinctions.
again, I just I feel here that.
Mr Woodhouse had an awful lot of time to deal with this and is very much left it to the last minute one, and I know I wouldn't really be encouraged that.
anything's going to change unless there is a real certainty the he can't apply until he he has done work and and contributed this matter to the satisfaction of the noise team.
thank you.
thank you any other questions from anyone.
I just have one question.
in terms of the complaints which have been made, how many complaints have been made from residents?
we had, I think, for originally.
the media might be thought actually, when the the permitted first opened, there has been one main complainant, there is one of the residents again that sort backs on he's not the nearest and yeah, but I have assessed from that that premise recently.
again, I think I haven't in the last day or so I mean, Mr Ella doesn't give me an awful lot of time, you know I done the works and I managed to view it myself on Monday I haven't been back to the residents to confirm that nuisance is there as yet with the resident, but I'm confident from the assessment that I made from the street that it will be it sounded very similar to when I had assessed it as a nuisance with that resident and again.
perhaps at this point in the the dead of winter, it's not quite as.
a pressing issue for those residents, but again this is a complaint that goes back a year and a half already and should have been addressed a long, long time ago, thank you.
question from Councillor Freedom, thank you, Chair just equipment, would it be possible to clarify how many individual complainants there are what will happen?
perhaps we will look at their upward now.
I put from memory there were two or three directly above and two from the surrounding, alongside the we only need one active complainant, we do have still one active complainant, there is one of the properties that the that faces onto the back.
they are impacted by the noise of this this unit, and I'm confident that there is still a statutory nuisance here that exists.
thank you any further questions.
as greatly so, I'm gonna ask Mr Hyatt to now summarise his application.
so you have three minutes.
OK what Mr Roberts said.
I mean, maybe in a part of it is completely right, but my side what I had done I am sending all the invoices from fan rescue each time on two or three occasions I've spent a lot of money, around 28,000 pounds just on the extraction, okay to bring the noise levels down and to do to finish the order and the order was sorted. I mean the smell was OK, but the noise level he wasn't happy and yes, that it was it was high, but the last job I had done I have covered I put a new roof and put the installation so above
the flats, I think they will be OK, I don't think it will be a noise, but we will do that survey, we will do this report acoustic report and will provide it to Robert, so hopefully that will satisfy him.
record noise ways.
but I can't see any flats any people live.
behind the building, I mean its own parking, there is no houses behind.
yeah, but we need to wait for their report, but I done three, three or four, on three or four occasions. I've spent money, I'd done my bit and I use a failed rescue is a good company, we open a restaurant, next door Picasso there is no noise, no order, nothing. Everything is good working fine and we got multiple other restaurants as well in different areas, shopping centres, we use this company but
I think sometimes the peoples are very sensitive when they open a window, if they even hear a minor noise and they will complain.
but again I mean everything will be on their report, hopefully there will satisfy if it's not, I'm going to.
take action against this company who find rescue or again this acoustic company who charged me a lot of money, but there is, I mean, hopefully it will be sold because the noise level is down very down then before, but if we are next to the fan of course we are going to hear it like even if it's a car or a or air condition or something it's very difficult to be honest.
the fan next to the flats I mean like when they were granting of planning, they should have that canopy and they're planning above the building rather than next to the windows which costing me nuisance and and to them and a lot of money has spent and all these hassle we work hard all day and night but end of the day we have to go through all these things and which I will be doing it, but I mean it's not easy for me as well to answer to spend 2 2 to run around
it is difficult, but I will do it, I mean, let's see, hopefully this time the report is OK, thank you, Mr. Lamb, Mr Walker, would you like to summarise in his your site?
I think you can show.
yellow Pitch re the issue here, Michelle has said you can hear about if, if you go back or are in the car park, the defendant backs onto a car park. Yes, if you go to the boundary at the edge of that car park, that friend is still weirdly audible over the back wall there you think, start going into gardens of residential properties, I think it's a little bit of an allotment first, but then you've got her when Gardens
where we received a 2 complaints initially, and that's one of the areas whether we've got the action complainant now there is a sort of garden outlook there that this noise projects across and there are other properties that neighbour.
the
if you're looking at the rear of the property to the right-hand side as well, so.
yeah and and as well as being overlooked by the residents that are above where we did have the original complaints from from them as well, so I think he has improved by encasing the top of the fen, but it directionally the noise blows out of the back and projects out of the back and projects out quite quite a distance and it's very obvious that that from which was specified to be below background is a long way above background still at the moment.
and it still needs to be wiser to be resolved and it it's a very simple matter, really it's the sort of thing as soon as you drive into that car park because there were no fans very noisy, that's the obvious noise source in this area and it shouldn't be that case and I don't doubt the money Mr Willow has spent.
and unfortunately he's been backwards, engineering this from the word go, because, yes, the nature of the business means it's hard to put an extract there, but that's why it should have been approved before it was put in and not afterwards and subject to the the abatement notice and the and the retrospective planning application that he's had to go through this should have all been ironed out and approved beforehand and that's part of the problem here unfortunately,
thank you for that, thank you that now concludes his part of the meeting that this is.
the decision reasons and any legal advice given during the Sub-Committee's discussion that has.
will be that has informed the decision will be confirmed in writing, together with information about any rights of appeal within five working days, thank you all for coming tonight we will now enter into a private session to make our decision and Nick Councillors and the Democratic Services and the legal,
adviser will remain with us during this closed session, thank you for all all again for attending and goodnight.
can I sorry, add something?
he just won. We're one thing, if, if sorry, I mean, if you, if you can put a condition that once we are satisfied, once Robert is satisfied with the noise, then we can extend the hours, then I don't have to rehab Peru reapply it's going to cost more again to reapply and to go through all these again so we can put their condition and then he can visit maybe in a couple of weeks or before later, and with the report will provide the report and thank then. Thank you, Mr Oleh, you get your decision in writing very soon. Thank you
problem. Thank you everyone, thank you have a good night I thank you Chair, thank you again, thank you bye.