The Democratic Services Officer confirmed that the sub-committee would comprise Councillors T Osborn, G Saffery and R Wenham.

The sub-committee was asked to elect a Chair for the hearing.

RESOLVED –

That Councillor Wenham be elected Chair for this hearing.

There were no disclosures of interest.

Preliminary matters

There were no preliminary matters raised.

The Licensing Officer presented the report for the application for a new premises licence received from PJ Corp Stores Limited to licence the premises at 474 St Albans Road Watford WD24 6QU. One responsible authority had submitted representations. 

There were no questions from Members.

Walaiti Rathore, the applicant representative, discussed the mediation between the involved parties. He sought confirmation that the emails had been duly received and read. Furthermore, despite ongoing efforts to reach an agreement, supplementary material was excluded, as it duplicated the content of the submitted emails. A specific observation was made concerning noise in the area. However, no substantiated evidence of noise originating from the premises in question was presented. It was, therefore, recommended that this aspect of the report be approached with caution. Apart from this consideration, the report's overall quality was deemed excellent.

There were no questions from the responsible authorities, Environmental Health.

There were no questions from the Council’s Legal Advisor.

Representations

Hardesh Bhatti, the Senior Environmental Health Officer, reviewed the application, deeming it unacceptable. The applicant's adjustment of proposed hours in accordance with police conditions, reduced from 5 am, did not alleviate the concerns raised. Consequently, in the view of the environmental health office, granting the license could potentially lead to public nuisance. Despite attempts at mediation, which proved unsuccessful, a recommendation was made for the applicant to conduct a noise survey. This survey aimed to demonstrate their understanding of existing noise situations, utilising the gathered information to identify impacts, implement controls, and facilitate the establishment of suitable conditions. The goal was to identify relevant and proportionate controls to the circumstances. 

While St Albans Road was busy during the daytime, it was acknowledged that the environment tended to be quieter at night. However, there were nearby establishments, including Asda, McDonald's, and a petrol station, all of which operated with extended hours. Particular attention was given to the presence of residential units in close proximity to the business, underscoring the potential adverse impact on noise-sensitive locations. Despite their proximity, the nature of the businesses and potential impacts varied.  Planning permission for the extractor fan was crucial, as proper control measures were essential to mitigate noise issues.

No planning permission was obtained for the extractor fan, leading to the absence of a noise survey. The lack of such a survey made it challenging to accurately assess the potential impact on noise levels, raising concerns about the possibility of public nuisance.

Concerns were raised about the need for more information regarding delivery operations, types of vehicles, and potential disturbances throughout the night. A noise survey was essential to understand and mitigate potential noise impacts comprehensively. The absence of controls pertaining to delivery vehicles, potential congregation, and the addressing of noise-related issues led to the recommendation for refusal.

In conclusion, the application was considered unsuitable until the applicant addressed and implemented adequate controls, which could be conditioned within the license. There were no similar premises in the area. If  ...  view the full minutes text for item 27.