Decision - Paris House Review Panel Report

RE: Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination of Panel. Licensing panel hearing held in person on Friday 10 th May 2024 in respect of the review of a premises licence in respect of premises known as Paris House, 21 Western Road, Hove BN3 1AE. The panel has considered this application for review, relevant representations, submissions and statements, noise diaries and other additional information, including videos. The panel has listened carefully to all submissions made at the hearing. The panel has had regard to the Licensing Act 2003, Statutory Guidance and the Statement of Licensing Policy. The review is brought by 4 local residents based on the prevention of public nuisance, and prevention of crime and disorder licensing objectives. Two representations were received from the Licensing Authority & Environmental Protection Team outlining their history with the premises. Nine representations were received in support of the review, one representation was neutral and one hundred and thirty representations were received opposing the review. A large number of emails were received with the same wording which was treated as a petition in support of the premises consisting of 1646 emails. The main grounds for the review are noise disturbance caused by live and recorded music played within the premises and noise caused by customers both inside and outside the premises before and after 23:00 hours. Anti-social behaviour is also complained of from customers of the premises. The review called for action to be taken to address these issues either revocation or imposition of better and more effective conditions to protect residents. A noise report was also submitted by the applicants which proposed stricter conditions. The panel heard submissions and arguments from all parties over the course of almost eight hours. Questions were asked of all the parties. In presenting their case the applicants highlighted the following: The most relevant issue was the noise disturbance for some since 2019. All avenues including mediation had been exhausted. Applicants were disturbed in their homes by the noise and found it hard to sleep. In one case their health was adversely affected. The noise was definitely coming from the Paris House. Representations supported this. The attitude of the licence holders was considered at times intimidatory and unhelpful. There was denial of any problem. Officers were not able to witness noise nuisance as not able to come out when noise complained of. Recording equipment was installed but not in correct place so could not be used. The noise report stated level of music especially at night was an issue and the noise limiter not effective and bypassed. Conditions would permit premises to continue without causing a nuisance. The noise has been less since the end of March due to the review application submitted. Need and cultural arguments are not relevant and cannot override the licensing objectives. The above is only a brief summary and a large amount of written evidence was submitted with the application and subsequently which has been considered by the panel. The two officers for the responsible authorities of licensing and environmental protection made their representations to the panel. They stressed that a statutory noise nuisance was not witnessed and that there was no clear evidence of a breach of conditions or undermining of the licensing objectives. That did not necessarily mean there was no issue. They had made over 20 visits and the premises were not warned in advance. Updated conditions could assist in resolving the issues. In presenting their case, the solicitor for the licence holders and licence holders highlighted the following: They do not cause a public nuisance. Officers' visits had established this. Account had to be taken of the area which was noisy. The evidence including that of the noise expert was not determinative and not consistent. People living closer were not disturbed. There was no crime or disorder associated with the premises. The police had made no representation. They wished to maintain the status quo. Any further conditions would make the business unviable. They were professional and established operators who had turned premises around. The premises were an important cultural asset to the community. The overwhelming level of support received in response to the review testifies to this. The DJ conducted regular noise patrols, took noise readings and was not exceeding the levels set by the noise limiter which was in use all the time. Doors and windows were closed during live and recorded music. Live music did not take place after 22:00 hours. The outside seating area including the fold down benches at the side was closed before 23:00 hours and seating disabled. People were permitted to take drinks outside on the pavement after 23:00hours and should be allowed to continue to do so to prevent spiking. No evidence that causing an issue

The Licensing Panel was asked to review the premises licence for Paris House following an application from local residents. The review concerned the prevention of public nuisance and crime and disorder, with representations received from responsible authorities, residents and others.