Agenda and minutes

Venue: Diamond Rooms 1 and 2 - Council House. View directions

Contact: Usha Patel/Carolyn Sinclair  Email:  usha.patel@coventry.gov.uk/carolyn.sinclair@coventry.gov.uk

Items
No. Item

1.

Appointment of Chair

Minutes:

RESOLVED that Councillor J Clifford be elected as Chair for the meeting.

2.

Apologies

Minutes:

There were no apologies for absence.

3.

Declarations of Interest

Minutes:

There were no declarations of interest.

4.

Licensing Act 2003 - Application to Review Premises Licence pdf icon PDF 443 KB

To consider an application to review the Premises Licence in respect of Rialto Reborn, 85 Moseley Avenue, Coventry, CV6 1HR

 

Note: The Review Applicant and their representative have been invited to attend the hearing.

    The Licensee and persons who have made representations have also

   been invited to attend.

 

The City Council’s Statement of Licensing Policy is available on the Council’s website. Alternatively, please contact us if you require a hard copy.

Additional documents:

Minutes:

The Sub-Committee considered an application to review the Premises Licence in respect of Rialto Reborn, 85 Moseley Avenue, Coventry. The application, submitted by Environmental Protection, requested the removal of the provision of live music and recorded music from the licence.

 

Environmental Protection submitted that the Licensing Objective of the Prevention of Public Nuisance had been undermined on a number of occasions. One representation was received during the review application process from an interested party in support of the review application on the grounds that the Licensing Objective of the Prevention of Public Nuisance had been undermined.

 

None of the other Responsible Authorities had made representations.

 

The Sub-Committee’s statutory duty was to consider the application and any representations and to take such steps as contained in the Licensing Act 2003 as it considered appropriate for the promotion of the Licensing Objectives.

 

The Licensing Officer confirmed that the application was for a Premises Licence Review submitted by Environmental Protection and that one representation in support of the review had been received from a local resident. It was confirmed that all other licensing formalities had been complied with.

 

The Sub-Committee heard from Environmental Protection (the Applicant) that the reason behind their application was that they had received several complaints about noise nuisance from the premises. They stated that they had made attempts to work with the Licensee (the Respondent) to ameliorate the issues by conducting advice visits, providing verbal warnings, issuing warning letters, serving a noise abatement notice, issuing a final warning letter, and corresponding via numerous emails with the Respondent. The Applicant felt that the Respondent had not taken the matter seriously and has not adequately offered to manage the noise levels. The Applicant stated that a Noise Limiting Device was only fitted at the premises after notices had been issued. The applicant further stated that the resident who had submitted the representation, regularly leaves her house on weekends to get away from the noise and therefore did not report any complaints to the Council during these periods.  The Applicant was of the view that the noise levels from the premises was highly likely to be affecting other residents in the area. The Applicant commented that the Respondents had managed noise levels in the last few months only because a review of the premises licence has been called.

 

The Sub-Committee questioned whether there was a pre-set level agreed with Environmental Protection as per the condition of the licence. The Applicant stated that there are no pre-set levels and noise nuisance is measured subjectively. The Applicant further explained that the condition pertaining to a pre-set level of noise was no longer a licence condition for all premises licences of this type. The reason being that noise levels would differ from one event to another as such one pre-set level could not be appropriately applied to all types of events.

 

When questioned whether any further complaints had been made since June 2022, the Applicant stated that there had been no further complaints, however, the  ...  view the full minutes text for item 4.

5.

Any Other Business

To consider any other items of business which the Chair decides to take as a matter of urgency because of the special circumstances involved.

Minutes:

There were no other items of business.