The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing concerning the above application.  The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation.

A representative of LOOH addressed the Hearing Panel and stated that their objection was based on the likely impact of the licensing objectives being undermined. The proposal was for a birthday party and associated sale of alcohol, late night refreshment and regulated entertainment for up to 400 people until 04:00. LOOH gave mention of an unlicensed event which took place at this premises on 19/20 May 2023 which was organised by the same applicant for the TEN in front of the Hearing Panel today. Regarding this unlicensed event, LOOH were made aware of the event and noted that there had been no application served. LOOH communicated to the applicant that the event could not take place without a permit and provided a link to apply on the day of the proposed event. That same day, LOOH received a response stating that the applicant had found an alternative venue which was licensed. LOOH visited the premises on 20 May at 01:01 and found the event running. When asked to speak to a manager they were met by a male who provided LOOH with a printed TEN application for the event. On inspection, LOOH noticed that the date on the form was in a larger font size and that the footer of the document was dated as 22 November 2022. The TEN turned out to be a fake and this offence could impose a penalty of 6 months imprisonment or an unlimited fine. Due to this incident, LOOH had serious concerns about the premises ability or willingness to comply with regulations. Regarding this current application, LOOH noted that the management plan for 400 people at a party until 04:00 was dated 12 November 2022 and did not cover any likelihood of Public Nuisance, Safety and/or Crime and Disorder.

In responding to questions from the applicant’s licensing representative and the Hearing Panel’s legal advisor, the LOOH representative stated that the incident on 19/20 May could not be discussed as investigations were ongoing and that they were not aware if there had been complaints regarding noise or disturbance at this event.

The applicant’s licensing representative then addressed the Hearing Panel and stated that this was their second TEN hearing in 5 weeks and that lots of previous events have gone without issue, that TEN applications are sent to him but expressed that the unlicensed TEN was not. The representative then stated that Empire House has its own management plan which is used for all the TEN applications and added that LOOH have objected yet the latest TEN application, granted and held recently, passed without incident. For this upcoming event, it was expected that 250 people would attend and that it was common for events to run until 04:00. Plans in place covered management and dispersal  ...  view the full minutes text for item 49.