APPENDIX C
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BY EMAIL AND POST Licensing Team Brighton & Hove City Council |
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17 September 2020 |
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MSB CON ENDS 12.10.20 VALID PPN (A)
Dear Sirs,
Re: Licensing Act 2003 – Review Proceedings
Le Village, Brighton
Premises Licence number 1445/3/2019/04851/LAPRET
We act on behalf of REDACTED TEXT. Our client is the freehold owner of these premises and we have received a copy of the application for review of the premises licence issued by the Darwell Court Residents Group.
We would be grateful if you would accept this letter as a formal representation on behalf of REDACTED TEXT to that review.
REDACTED TEXT owns around 4000 public houses in England and Wales. The vast majority of these premises are the subject of lease/tenancy agreements through which the tenant operates his/her/its own business out of our client’s premises. The lease/tenancy agreement makes it clear that all operational responsibility for the premises lies with the tenant. The Village is the subject of a lease in favour of the current premises licence holders, Simon Ebers and Lee Wain who have been operating these premises since August 2019.
Please note we take a wholly neutral stance with regard to the allegations made given that our client has no operational responsibility for the operation of these premises. Furthermore, we do not seek to comment on the alleged anti-social behaviour contained within the application for review believing that the Police are best placed to comment upon this.
The application alleges noise nuisance caused by the operation of the premises and in particular, the use of external loudspeakers. Our representation is that if the licensing committee is satisfied that evidence of nuisance exists then the licensing objectives can be promoted by attaching conditions to prohibit the provision of live or recorded music in the garden area and the use of such loudspeakers outside. The conditions should also clearly state that imposed under s177A Licensing Act 2003. We respectfully submit that attaching such conditions would be an appropriate and proportionate response to the review.
At this stage, we would be grateful if you could acknowledge receipt of this representation. It may be that our client may wish to expand upon this representation if further information comes to light. It may do that either in writing or by appearing before the Committee at the review hearing.
We look forward to hearing from you.
Yours faithfully
REDACTED TEXT
GOSSCHALKS
From: REDACTED
TEXT
Sent: 06 October 2020 09:49
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: Re: Le Village : Review of Licence
1445/3/2020/02943/LAREV
REDACTED TEXT
24.9.20
Head of Safer Communities,
2nd Floor Bartholomew House,
Bartholomew Square,
Brighton BN1 1JP.
MSB CON ENDS 12.10.20 VALID PPN (L)
Dear Sirs,
Licence Review: Le Village, 2/3 High Street, Brighton
1445/3/2020/02943/LAREV
I live REDACTED TEXT the licenced premises at 2/3 High Street, Brighton.
In late 2019, I spoke with REDACTED TEXT , the sound and light technician who was responsible for instalations, about the volume of amplified music eminating from the premises and causing us disturbance and the effect of the flashing coloured lighting on the facade of the building and in the garden area REDACTED TEXT.
Shortly after the premises became operational as “Le Village” the licencees, Simon Ebbers and Lee Wain, came to my house to discuss any issues. I told them that the level of sound eminating from their premises, particularly when the door opened and closed, was unacceptable and that the lighting was obtrusive. They suggested that they would endevour to rectify this. Some while later, as I was leaving my home, they called me to join them in their garden where they were seated. It seemed that their objective was for me to agree that there were no issues. I suggested to them that the physical characteristics of the building from which they are operating, single glazed, no double entry system, no air condition, their operating times, their position whithin a highly residential area made it very difficult for them, without adaptations to the premises and stringent people management, to not attract complaints. They mused on the erection of a covered extension to the side door. In due course they did apply for planning permission for such a structure but, probably because it was obviouse that this would serve only to remove the problem of noisy customers congregated on the pavement to the garden area at all hours, it was rejected.
Sometime later, when a number of complaints had been lodged by nearby residents, Lee approached me in the street and suggested that he would like to remedy the situation in an amicable way. I reiterated my previouse response that unless measures were taken to prevent public nuisance there would continue to be complaints. The Licencees have then, for some time, been fully aware that “Le Village” causes disturbance to neighbours.
Typically what “can” occur is,
Around 11am. Garden furniture is arranged, creating noise. Customers in the garden create noise.
Background music eminates through open doors. Early evening noise increases.
Around 8pm lights go on intruding into homes. Entertainment, using a microphone, begins at a level to disturb within homes. Noise from the garden increases.
11.30pm the garden is closed crowds congregate on the pavement with no doorperson supervision. The front door, if closed, continually opens allowing an escalation of already audible sound.
1.30am or 2.30am closing time. Noise from customers leaving or loitering in street with no marshalling. Lights can or cannot be turned off.
2.00am or 3.00am Noise from clearing of garden furniture.
Whether or not some or all of this occurs is dependent on the day of the week, the weather, how many customers. There are seemingly no measures in place to curtail noise and disturbance. Quite often one or both licence holders are at the premises after midnight so witness the noisy pavement loiterers and disturbing behaviour.
Apart from noise diaries submited by residents, sound checks carried out by EH, there is documented evidence of projecting light onto building opposite, Christmas/New Year license times issues, breaches of Covid 19 regulations including podcasts by REDACTED TEXT purporting to be a resident (14th June), rubish disposal issues (3rd August), fracus attended by Police (26th August) fracus attended by Security Co. (28th August), music piped into the garden (6th Sept).
It would appear that there is little or no commitment from the Licence holders to give consideration to residents or to abide by the terms of the licence.
As a result our enjoyment of our home REDACTED TEXT is severely diminished. Noise and light intrusion prevent us from having windows open, enjoying relaxing persuits, sleeping, having REDACTED TEXT.
It is my opinion that the licence should be revoked from the current holders. The licence for the premises, 2/3 High Street should, with consideration to its locality within the culmulative impact zone, be varied to include further restrictions including a closing time of 11.30, using the same policies which pertained to applications for variations from the Black Dove (1st March 2011) and the Camelford Arms (16th April2012)
Sincerely,
REDACTED TEXT
From:
REDACTED
TEXT
Sent: 11 October 2020 18:29
To: EHL Safety <EHL.Safety@brighton-hove.gov.uk>
Subject: License review 1445/3/2020/02943/LAREV
MSB CON ENDS 12.10.20 VALID PPN (M)
Dear EHL Safety,
I would like to support the review of the license for Le Village (ref: 1445/3/2020/02943/LARE1445/3/2020/02943/LAREV). Residents in Queens Park ward have communicated with me extensively about being disturbed by noise from customers leaving the premises, music, and light pollution after the end of the current agreed hours for the sale of alcohol and performance of recorded music. These hours seem extremely late, and later than other bars in the same area.
The area around St James street is very residential and there are people living directly behind Le Village who are most affected by the noise and light pollution sometimes until as late as 3am. This seriously affects residents’ quality of life as they are unable to sleep, or to open windows during hot weather. Based on what I have heard from residents I think this license needs to be reviewed on the grounds of prevention of public nuisance, and steps taken to ensure residents are not disturbed by noise and light beyond a reasonable time.
Kind regards,
REDACTED TEXT
Cllr Clare Rainey
Brighton and Hove City Council
Mobile: REDACTED TEXT
Email:REDACTED TEXT
From:
REDACTED TEXT
Sent: 11 October 2020 20:04
To: Mark Savage-Brookes <Mark.Savage-Brookes@brighton-hove.gov.uk>
Subject: LE VILLAGE REVIEW
MSB CON ENDS 12.10.20 VALID PPN (N)
Dear Mark
Please see below my representation for the Review of Le Village.
REDACTED TEXT
We moved into REDACTED TEXT in July 2016 and until August 2019 we were unaware that the pub currently known as Le Village had a licence to be open until 1. 30am Monday to Thursday and 2.30am Friday to Saturday. The previous landlords closed a lot earlier.
The impact on the additional hours and the change in the type of entertainment offered to patrons is great to our household
We have REDACTED TEXT and the loud music (both drag artists and DJ) regularly disturbs us as a family. Ranging from making it difficult to relax and watch TV in our living room or master bedroom. REDACTED TEXT woken in their room. Unable to relax in The bath (REDACTED TEXT) It also affects my. REDACTED TEXT
Below are some of the dates of excess noise logged on noise diaries for the council:
20/03/2019
Lockdown until 04/07/2020
24/07/2020
25/07/2020
01/08/2020
13/08/2020
14/08/2020
15/08/2020
03/09/2020
04/09/2020
06/09/2020
These are dates when the noise has been unbearable. REDACTED TEXT would have triple the amount of instances of loud/distruptitive noise logged. I often try and give then leeway and convince REDACTED TEXT to do the same. There are additional noise diaries for November. 2019, December 2019 and January 2020 but they are currently part of a Noise Abatement Appeal.
Evidence REDACTED TEXT 1 attached shows the decibel Reading taken in our doorway (see A on map) on 6th September 2020 at 18.15. It was reading upto 88 decibels and this increased throuout the evening. Evidence REDACTED TEXT 2 shows the noise on the 6th September 2020 from point B on the map to the front of Le Village. (following pink dots).
We regularly are disturbed by noise from people talking, fighting or arguing outside on the corner of High Street and Ardingly Street (See C On map) . Most times when we get fed up the noise and ask people to go away people return to the pub. This is both pre and post lockdown and often after all other pubs locally have closed. Le Village is the only pub locally open after 12 Monday to Thursday and 1230/1 Friday to Sunday so noise from music and patrons leaving around 130am Monday to Thursday and 230am Friday to Sunday is limited to Le Village.
Evidence REDACTED TEXT 3 shows an example of sick left on the street directly outside Le Village and Darwell Court. The pictures in REDACTED TEXT 3 were taken on the evening of the 6th and morning of the 7th September 2020. REDACTED TEXT regularly jet washes out 2 to 5 Darwell Court clearing sick and urine.
The Licence for Le Village states (Annex 2 point 2) 'No recorded music will be piped into the outside garden area'
Since reopening following lockdown music inside Le Village has been played loud enough to be heard in the garden and subsequently within the residences in High Street, including our property.
On Sunday 6th September 2020 a speaker was placed in the garden, in top of the storage area. This played loud music, including the drag artists singing, into the garden area and was a large nuisance to residents. See evidence REDACTED TEXT 4 of the speaker.
We have, on numerous occasions, witnessed people exiting the pub and using the doorway to REDACTED TEXT or our kitchen or dining room window ledges to deal or take drugs then return to LE Village. This was brought to the attention of REDACTED TEXT, the Manager and Simon, one of the Partners. Both advised managing this problem, as it was outside of the pub, was not possible but thanked me for making them aware. Having to get people to move away from our property and stop taking or dealing drugs where we can see it through our windows is not a situation we want to be in.
COVID 19 Concerns
Problems we had with Le Village on the night of Friday 20th March 2020.
Following the request made by The Government at 5pm that pubs should, at their earliest opportunity, close until further notice Le Village posted on their Facebook page at 18.40 (Evidence REDACTED TEXT 5) that they planed to 'go out with the biggest of bangs ' and they opened at 7pm.
By 10pm the music was extremely loud and by 11.22pm I'd had enough and text Simon. I'd left it this late as it was the last evening for a while but we could hear word for word the music/songs and it got to much. You can also see videos on their Facebook page which show to some extent the volume and number of customers.
At 1125 our ring device went off showing the security response team showing up. I went outside and saw lots of security and customers outside and an argument ensuing.
Soon after this, police arrived and the customers dispersed quickly.
I spoke to someone from the security team as well as Simon and Lee expressing how unhappy I was. Lee tried to claim someone must have knocked the bass up! And he's sorted it now....
1st August 2020
Pub was extremely busy and noisy. They has a security guard who, despite government guidelines was hugging customers (evidence REDACTED TEXT 6) and was overheard asking Simon Ebers 'i know we're full but can we squeeze my friend in, he's only little' and the customer was allowed in.
Actions like these are very unsettling in times of a pandemic and have increased our anxiety over possible increased risks of infections in the area/city and shows their lack of regarding to the local community.
Additional evidence showing noise nuisance experienced.
REDACTED TEXT 7 dated 6th September 2020 at 6.27pm
REDACTED TEXT 8 dated 9th October 2020 at. 9.10pm
REDACTED TEXT 9 dated 9th October 2020 at 10.02pm. This was recorded after asking them to keep the noise down as they were under our window being very loud. They were all (4 people) carrying plastic pint glasses with drinks in. One member of the group was very abusive and confirmed Le Village had given them their drinks on closing and told them they had to move.away from outside the pub. It is the same people seen outside the pub in evidence REDACTED TEXT 8
REDACTED TEXT 8 and REDACTED TEXT 9 are typical example of what we experience regularly at weekends, unfortunately due to a technical problem with my phone we cannot access any further images or videos.
From:
REDACTED TEXT
Sent: 12 October 2020 12:12
To: Mark Savage-Brookes <Mark.Savage-Brookes@brighton-hove.gov.uk>
Cc:
REDACTED TEXT
Subject: Fwd:
REDACTED TEXT Representation
MSB CON ENDS 12.10.20 VALID PPN & PCD (O)
Hi Mark
Please see below REDACTED TEXT Representation for the Licence Review of Le Village.
***********
I live at REDACTED TEXT to Le Village Pub. Previous to the current landlords taking over in August 2019 I have not had any issues with the Pub (formerly The Ranelagh) and have had no reason to complain about noise or disturbance from The Ranelagh or The Zone pubs since August 2016 when we moved in.
The main issue that impacts myself and my REDACTED TEXT) is the level of noise from Le Village and the time of the morning that the noise goes onto. Regularly we are disturbed by loud music, signing by drag artists and customers and loud talking in The garden.
My bedroom window and back door (REDACTED TEXT) is in a position where noise from the pub and garden travels straight into our flat and keep us awake or wake us up. We cannot use our REDACTED TEXT) or bedrooms to relax or for my REDACTED TEXT to be able to study/ REDACTED TEXT due to covid or Do homework when they are open as the general noise from both people talking and music is very distracting.
I have been reporting noise issue to the council In the form of noise diaries since November 2019 and some of this evidence has been used to issue a Noise Abatement Order on 15th January 2020, which I feel the pub breach regularly as the noise nuisance is regular. A particularly bad night was 19th January 2020 as it was very noisy and kept myself and my REDACTED TEXT awake at a time when I needed sleep as REDACTED TEXT , my REDACTED TEXT the next morning. We have found generally Sunday nights are very noisy until 230am and this has a large impact on both of our Sleep and subsequently impacts on work and school on Mondays. There is also regular lockins which carry on after closing time and this means the noise will go on until early hours of the morning.
There have been regular parties on their balcony which adjoinsREDACTED TEXT) . These have been noisy with talking, drinking and singing until early hours of the morning. One particular insident on the 9th August 2020 that went on until 430AM. I have attached video evidence REDACTED TEXT of some of the noise and this was reported to the police and Brighton Council.
September 6th 2020 was extremely.loud as they placed a speaker outside in the garden on top of their storage cupboard (marked S on map) which is REDACTED TEXT to my balcony. This meant the music and drag Signing and MC was extremely loud in my flat and meant that in every room in my house the noise was heard.
When the weather has been nice/hot it has also meant that if we wanted our windows open we would have to suffer the noise. This is made worse by the fact that the noise goes on until 130am and 230am, whereas previous landlarsa generally closed by midnight.
On occasions we are woken or disturbed by arguements/fights outside the pub. Friday 9th October 2020 at 10pm I was disturbed by people from the pub under my kitchen window who sounded aggressive and were arguing with my neighbour who asked them move away as they were being noisy.
LIGHT
They have a light projector, laser light that regularly intrudes into our property and lights up the corridor and master bedroom. This has been an ongoing issue since October 2019 and regularly affects our sleep. This is still happening now.
ANTISOCIAL BEHAVIOUR
Regularly myself REDACTED TEXThave to Pass through group/s of customers outside The pub who are drinking and smoking. who do not move out of the way for people and its a narrow path.
We also find their customers in our REDACTED TEXT) and again they do not step aside when asked. Other concerns I have witnessed in the REDACTED TEXT include drug dealing and taking, urinating and vomiting.
COVID CONCERNS
I feel their disregard to the neighbouring residents was also shown when they clearly broke covid guidelines throughout Lockdown in April 2020 having lots of visitors in and out of the Pub risking spreading the virus. This was reported to Environmental Health.
I also feel that the amount of people allowed in to the pub since lockdown has meant social distancing has not been maintained
Finally I want to say that if they had a better regard for their neighbours and thought of the impact of their hours and the noise they make has on a community of families, elderly and vulnerable people then I would have carried on living happily next to the pub as I had before. They seem to be running it more as a club and with regular drinks promotions than a pub and this contributes to the noise nuisance and sick in the street and other Antisocial behaviour I've experienced.
REDACTED TEXT
REDACTED TEXT
From:
REDACTED TEXT
Sent: 12 October 2020 13:25
To: Mark Savage-Brookes <Mark.Savage-Brookes@brighton-hove.gov.uk>
Subject: Fw: Licence review
MSB CON ENDS 12.10.20 VALID PPN & PCD (P)
please see below my statement for the review and i will send videos through by separate emails
I live atREDACTED TEXT. I am REDACTED TEXT and REDACTED TEXT and my bedroom window (REDACTED TEXT ) is on theREDACTED TEXT. I have loved here over 4 years.
Since the pub on High Street changed over to the new landlords and became Le Village it is my health that was being affected. Things I have had to deal with since September 2019 inckude:-
- noise of Music, bass and singing from the pub.
- regular noise from people outside arguing, fighting, 'partying' having left the pub
- people outside my window trying to get in
- drug dealers doing deals outside my wondow and drug users taking drugs outside
- I also have all the smoke comming in through my window and up in to REDACTED TEXT which affects my breathing
- it keeps me awake most of the night if not all the night as once I'm disturbed it is hard to get to sleep and REDACTED TEXT has been contaminated from outside smoke this needs rectifying as I need REDACTED TEXT .
( Since Le Village has been open it has brought alot more drug users and dealers back to the area.)
- following a Noise Abatement Notice being issued, the licencess of le village passed my window and saying 'thats where the twats live that have reported us for noise'. I feel he is discrimating against me because REDACTED TEXT .
- I’ve had people coming out of the pub pissed up and come along REDACTED TEXT and down REDACTED TEXT and on there way they shout REDACTED TEXT abusive language and then when they are told to go away they try to pull my window off it’s hinges.
-I have reported some of these incidents, as well as other things, to the police and the council
I am also very concerned as when the Noise Abatement Appe and Licence Review is over it will just become even worse
The increase in noise, Antisocial behaviour and intimidation has a massive affect on myself and my REDACTED TEXT health. It makes us anxious and stressed and we feel very vulnerable because of it.
I have previously provided the Council with Noise Diaries.
I am forwarding relevant videos for you as my evidence. season 8 episode 79 of judge Rinder about 40 minutes in
From:
REDACTED
TEXT
Sent: 12 October 2020 15:02
To: Mark Savage-Brookes
<Mark.Savage-Brookes@brighton-hove.gov.uk>; EHL Safety
EHL.Safety@brighton-hove.gov.uk
MSB CON ENDS 12.10.20 VALID PPN (Q)
This is a representation on behalf of the Environmental Protection Team under Prevention of Public Nuisance in support of the Review of the Premises Licence of Le Village 2-3 High Street Brighton BN2 1RP.
The first complaint about noise from the premises was received by the council on 23 September 2019. The complaint was that levels of loud music noise from inside the pub and patrons outside and was beyond acceptable. Subsequent complaints were investigated and visits made to the premises by an Environmental Protection Manager, Environmental Protection Officer and Licensing Officer to advise the owners of the types of complaint, the level of the complaints, and number of complaints and what improvements could be introduced. The complaints included intrusive lighting, loud music and karaoke noise from inside and out and was reported to go on occasion until 2am. During November 2019 six individual households complained about the same range of intrusive incidents. The pub owners were kept informed of these complaints, as were Enterprise Inns, the freeholders of the premises.
Five Noise Diaries were returned to the council and recording equipment installed in a neighbour’s home.
As a result of the investigation including analysis of the diaries and listening to the recordings, and lack of progress on improvements by the pub, a Noise Abatement Notice was served on the owners under section 80 Environmental Protection Act 1990 on the 15 January 2020.
The owners appealed in the Magistrate’s Court against the terms of the Notice. The court has not yet determined the outcome of the appeal consequently it is not known whether the Notice stands.
During the period when pubs were closed as part of the COVID – 19 pandemic restrictions noise complaints were received and were investigated by the police and licensing officers with no formal action taken.
On the 2 July 2020 another Environmental Protection Officer was allocated the task of investigating noise complaints which were reported to the council in the period after the Notice was issued.
On the 4 July 2020 Licensed Premises were allowed to reopen following the COVD shutdown.
Since then correspondence was received by the council from four neighbours concerning noise from the pub and lighting causing distress to residents in the vicinity. This correspondence is dated 27 August 2020, 1 September 2020 and covers noise events on the 3, 4, 6 September 2020.
Further complaint were received on the 7 September 2020 and on the 15 September 2020.
A noise diary was submitted detailing noise disturbance between the 24 July and the 15 August 2020. Photographs and video footage was also submitted to the council.
The COVID pandemic restrictions have significantly restricted the ability of the Council to investigate the most recent complaints since the premises reopened.
On the 11 September 2020 an officer from the Environmental Protection Team and a Police Licensing Officer visited one of the neighbours and a breach of the notice was not identified.
Complaints received are still being investigated while we await the court hearing to determine the appeal.
I am making this representation on behalf of the Environmental Protection Team.