The Sub-Committee is asked to determine Heat Afro Lounge’s application, taking into account the details in the report and any representations made at this Sub-Committee meeting.

Mr Mohammed Halilu, Samuel A Akinyemi, Mr Ken Adhere Rawlings and Mr Ebrima Jabbi joined the meeting.

 

The Chair welcomed all attendees. The Sub-Committee and officers introduced themselves. The Chair outlined the procedure for the hearing.

 

The Licensing Compliance Officer presented the report, noting the requirement for members to determine an application submitted by Heat Afro Lounge for a variation of a Premises License application in respect of 282 Cowley Road, Oxford, OX4 1UR.

The Licensing Compliance Officer summarised the report, stating that the applicant applied for the following:

Sale of Alcohol (On Sales Only)

· Current Hours: Sunday to Saturday 12:00 to 00:00 hours

· Proposed Hours: Monday to Wednesday 12:30 to 00:30 hours and Thursday to Sunday 12:30 to 01:30 hours

Late Night Refreshment (Indoors Only)

· Current Hours: Sunday to Saturday 23:00 to 00:00 hours

· Proposed Hours: Monday to Wednesday 23:00 to 00:30 hours Thursday to Sunday 23:00 to 01:30 hours

Recorded Music (Indoors Only)

· Current Hours: Sunday to Saturday 09:00 to 00:00 hours

· Proposed Hours: Monday to Wednesday 23:00 to 00:30 hours Thursday to Sunday 23:00 to 01:30 hours

Live Music (Indoors Only)

· New Activity Proposed: Monday to Wednesday 23:00 to 00:30 hours and Thursday to Sunday 23:00 to 01:30 hours

Opening Hours

· New proposed hours (not previously specified): Monday to Wednesday 12:30 to 01:00 hours Thursday to Sunday 12:30 to 02:00 hours

 

The Sub-Committee understood that a copy of the application could be found in appendix one, with details of both the application and the steps that the applicant intended to take to promote licensing objectives. The Licensing Compliance Officer stated that these measures would become enforceable conditions attached to the licence should the variation be granted.

The existing premises licence was attached to the report at appendix two.

The Licensing Compliance Officer explained that there were no representations received by Responsible Authorities and 1 representation from an Interested Party which can be found in appendix three.

A map detailing the applicant’s premises and the surrounding area was enclosed in appendix four.

 

The Sub-Committee were reminded of its responsibilities under the Crime and Disorder Act 1998 (to co-operate in the reduction of crime and disorder in Oxford) and the Human Rights Act 1998 (which guarantees the right to a fair hearing for all parties in the determination of their civil rights, and also provides for the protection of property, which may include licences in existence, and the protection of private and family life) when considering the fair balance between the interests of the applicant and the rights of local residents. Any decision taken by the Sub-Committee must be necessary and proportionate to the objectives being pursued.

Members were also reminded that whenever they make a decision under the Licensing Act 2003, they have a duty to act with a view to promoting the licensing objectives, and only issues relation to the four licensing objectives should be considered and appropriate weight given to the importance and relevance of each representation.

 

The Sub-Committee were also reminded that they must make one of the following decisions which they consider to be appropriate for the promotion of the licensing objectives:

· To grant the variation in accordance with the application.

· To modify the conditions of the operating schedule by altering or omitting or adding to them.

· To exclude or restrict a licensable activity from the scope of the licence

· Reject the whole of the application

The Sub-Committee may also grant the licence subject to different conditions for different parts of the premises or the different licensable activities.

 

The Chair invited the applicant to present to the Sub-Committee.

 

Mr Akinyemi presented a variation application on behalf of Heat Afro Lounge for a variation to the existing premises license. He explained that he lived near the premises and never experienced any noise which disturbed his sleep. He stated that when the doors were closed, no sound could be heard from outside. Mr Halilu added that regarding the objection, he had offered to meet with the objector and considered additional soundproofing measures, but the objector declined and not agree to meet.

 

The Chair invited questions from the Sub-Committee.

Councillor Ottino asked whether the noise was monitored. Mr Halilu responded that they used an app to monitor noise and were willing to add this as a license condition.

Councillor Jupp inquired about the reason for the proposed extension of hours. Mr Halilu explained that the premises was the only African restaurant in the area, catering mainly to African clientele, who typically dined later due to cultural norms.

Councillor Jupp referred to the objector’s description of loud bass music at night to which Mr Halilu denied.

Councillor Jupp raised further concern with previous noise complaints, but Mr Halilu responded that there had been none from the public.

Councillor Jupp asked about door closure, and Mr Halilu confirmed that doors were closed in the evening with a cut off time of 9pm. When asked how much noise could be heard outside when doors were shut, Mr Halilu said very little.

Councillor Jupp asked what type of music was played, and Mr Halilu responded it was Afrobeat.

Councillor Jupp asked the Licensing team whether any complaints had been received or whether there was any reason to believe the existing license was not being upheld. The Supervising Senior Licensing Officer confirmed that no complaints had been received by the Licensing department since Heat Afro Lounge took over the premises.

Councillor Ottino raised concern around nearby houses and the impact of extended hours on Thursdays and Sundays. Mr Halilu explained that on Thursdays, the African Caribbean University Society held events, expecting around 100 attendees.

Councillor Jupp questioned how public nuisance would be mitigated, and Mr Halilu stated they hired additional security. When asked how often security dealt with problem customers, the head doorman Mr Jabbi, explained that most of the clientele were working adults arriving after 10pm. He added that in the event of the DJ playing music too loud, he would ask them to turn it down. The Trainee Solicitor asked whether they received alerts from the noise monitoring app and Mr Halilu responded that they did.

The Trainee Solicitor further asked whether doors would remain closed at 9pm if the license was extended and they reaffirmed this.

Councillor Jupp asked whether IDs were checked at University events, and Mr Halilu confirmed that they were, with under 18s being asked to leave after 9pm.

Councillor Jupp further asked whether people tended to be noisy when leaving late at night. Mr Halilu responded that they had a crowd dispersal policy. He explained that the policy involved notifying customers 30 minutes before closing, staff training and his own participation with security to manage safe and quiet exits.

Councillor Ottino asked whether customers typically left before or after midnight and Mr Halilu responded that the premises was usually empty by 12:30am.

The Legal Advisor asked whether the applicant could assure the Sub-Committee that the venue was food-based. Mr Halilu affirmed that food was a significant part of the culture and the venue.

Councillor Yeatman asked whether further installations had been considered to address noise concerns, and Mr Halilu stated that they had soundproof doors.

Councillor Jupp asked whether there was audio in the garden and Mr Halilu responded there was a small speaker and that the garden had a roof that lifted.

Councillor Ottino asked about smoking arrangements. Mr Halilu explained that smoking was not allowed inside, but at the back when the roof was open it was accommodated.

The Supervising Senior Licensing Officer clarified that the garden area would still be classified as outdoor due to the openable roof.

 

The Chair invited the Licensing Compliance Officer, the Applicant and the Interested Party to make any final comments.

 

The Licensing Compliance Officer said in making its decision, members are reminded to have regard to the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy.

 

Mr Akinyemi and Mr Halilu had no further comments.

 

Mr Halilu, Mr Halilu, Mr Rawlings, Mr Ebrima Jabbi, the Supervising Senior Licensing Officer, and the Licensing Compliance Officer left the meeting to allow the Sub-Committee to reach a decision.

 

The Sub-Committee debated and considered:

· That the garden was classified as an outdoor space.

· That the proposed operating hours were acceptable.

· That a specific maximum decibel level must be agreed with Environmental Health, subject to adjustment should noise complaints be received.

· That all the external facing doors should remain closed during operational hours to minimise noise disturbance.

 

Mr Halilu, Mr Halilu, Mr Rawlings, Mr Ebrima Jabbi, the Supervising Senior Licensing Officer, and the Licensing Compliance Officer rejoined the meeting to hear the Sub-Committee’s decision.

 

The Sub-Committee resolved to:

· Grant the application, subject to conditions such as the previous application of existing licensing conditions.

· the presence of a minimum of two licensed door supervisors on site from 10pm every evening.

· the requirement that all external-facing doors remain closed from 9pm onwards. Given the complaints and objections received

· the Sub-Committee emphasised the legal obligation that alcohol must only be served to people who are consuming food on the premises.

· Furthermore, no music shall be permitted in the back garden, as it is considered an outdoor area.

· To further mitigate noise and potential disturbance, the Sub-Committee recommended the installation of a self-closing mechanism on all external doors.

 

The Chair notified the applicant that they have 21 days to appeal the decision made during the hearing, via the Magistrates Court, from the date of receiving the decision notice.

 

Mr Halilu, Mr Halilu, Mr Rawlings, Mr Ebrima Jabbi, the Supervising Senior Licensing Officer, and the Licensing Compliance Officer thanked the Sub-Committee and left the meeting.

 

 

Meeting started at 6pm and finished at 9.40pm.