That, having considered the objection notices from Environmental Health in respect of the two temporary event notices for 21 April and 9 May 2019, as submitted by Thomas Jenkins, the premises user, for the events to be held at Quantum, 77A Lower Trinity Street, Birmingham B9 4EG, this Sub-Committee determines that a Counter Notice is not issued under Section 105 of the Licensing Act 2003.
The Sub-Committee considers both events should be allowed to proceed at the premises following on from the premises user modifying the TEN’s during the hearing by reducing the licensing hours for all regulated entertainment to cease at 2am.
Further, that the premises licence conditions attached to licence number 4986 are transferred to both TEN’s to promote the licensing objectives.
In respect of a previous temporary event held on 7th April 2019, Members noted there was no complaint. Members noted both parties were engaged in positive dialogues and that there was a strong willingness on the part of the premises user to overcome any issues or concerns raised. This was apparent in the submissions made by both parties, particularly Environmental Health, who carried out a noise risk assessment shortly after 7th April, and calibrated a noise limiter device that had been installed by the premises user.
The Sub-Committee gave careful consideration to the submissions from both the premises user and Responsible Authority, in addition to the report, Section 182 – Home Office Guidance and its own licensing policy.
All parties are reminded that under the provisions contained within Schedule 5 to the Licensing Act 2003, there is the right of appeal against the decision of the Licensing Authority to the Magistrates’ Court, such an appeal to be made within twenty-one days of the date of notification of the decision. No appeal may be brought later than five working days before the day on which the event period specified in the Temporary Event Notice begins.