|
Application for Renewal of PEL 252 LA/04/02
Premises: Kat Man Do, 2 South Street, Folkestone, Kent.
Applicant: Mr Ashok Shrestha
Licence type: Indoor Public Entertainment
Proposed use: Live Music & Disc Jockey
Current Hours:
1100hrs - 2400hrs Monday - Tuesday
1100hrs - 0200hrs Wednesday - Saturday
1100hrs - 2300hrs Sunday and Bank Holidays
Occupancy: 240 persons
1.0 BACKGROUND HISTORY
The renewal of this application is brought before the Board for
determination as there have been several issues relating to these
premises which need to be taken into consideration prior to a decision
being made on the renewal.
2.0 CONSULTATION RESPONSES
2.1 Environmental Health
With reference to this renewal of the public entertainment licence
for these premises the recommendation to the Board is that the
application be refused. This recommendation is based on the evidence
provided below.
The following information is a precis of events at the premises since
the business was purchased by Mr. Shrestha and his partners. A full
history is attached as an addendum to this memo.
When Mr. Shretsha applied for a PEL in July 2002, this section did
not object as we had been involved with the setting of a noise limiter
with the previous owners of the business in January 2002. The conditions
that were recommended to go on Mr. Shretsha's PEL were the same as those
which existed previously. The limiter had been set to a level such that
music was inaudible in neighbouring residential properties.
Subsequently, the committee did grant a PEL to Mr. Shretsha for a
temporary period of six months with similar terms and conditions to that
which existed on the previous licence.
Three months following the granting of the licence to Mr. Shretsha
complaints were received by the Pollution and Housing Team about noise
coming from Kat Man Du. The history of events detailed in the attached
addendum show that council officers have, at the request of Mr. Shretsha,
been to the premises to try and reset the noise limiter on four
occasions. It can be seen that this approach is successful for a while,
but problems with loud music always re-ccur. Arrangements for the
setting of a noise limiter involve a large amount of organisation and on
each occasion at least four council officers are involved. Twice our
acoustic consultant has also been requested to attend, as well as having
to make contact with local residents of the area so that we have access
into their properties. Mr. Shretsha and his team, on more than one
occasion, did not have the equipment correctly prepared and in place to
enable the setting of the limiter to be carried out to an extent such
that once set it could not be tampered with.
Complaints about loud music therefore continued, with some periods of
quiet in between. Finally, after three warning letters being sent to Mr.
Shretsha, council officers had no alternative but to serve a noise
abatement notice as there was enough evidence to demonstrate that a
Statutory Nuisance was occurring. The abatement notice was served on Mr.
Shretsha and Mr. Siwa on 17th November 2003. Since then, council
officers have witnessed three breaches of this notice, two warning
letters have been sent, and consideration given to prosecution in court.
If another breach is witnessed, prosecution will be the only cause of
action available to the council.
The Pollution and Housing Team would like to make it clear to the
Board that a lot of time and effort has been provided by council
officers to assist Mr. Shretsha in accommodating the running of his
business. We have responded positively to his requests in organising the
setting of the limiter, provided information on a selection of
retailers/sound engineers for purchasing/servicing reliable and suitable
equipment to limit noise levels, provided verbal advice on a selection
of matters as well as advising him that the structure of the premises is
such that it requires very strict management by reliable persons to
ensure nuisance does not occur. This level of service far exceeds any
other that has been provided to other businesses of this nature within
our district.
The premises will always be problematical for the playing of
nightclub type music unless extensive structural work is carried out. A
list of suitably qualified acoustic consultants was sent to Mr. Shretsha
so he could seek advice on the best method of insulating the building to
prevent air borne and structure borne noise escaping from the premises.
However, it is not guaranteed that this type of work would be completely
successful in ensuring problems do not continue to occur.
The history of events demonstrates the following facts: -
1) The managers have failed to ensure that the premises operate
within the conditions of the PEL. It is considered that the conditions
that exist are reasonable and are present on the PELs that are granted
within this area of the district to other premises.
2) The management of the premises has been unreliable. There are
periods of quiet leading up to the renewal of the PEL and also after the
abatement notice was served. On numerous occasions the levels set on the
limiter have been tampered with, resulting in the levels set by council
officers to be exceeded. This demonstrates lack of control and
management of the business by Mr. Shretsha and Mr. Siwa.
3) The structure of the building is unsuitable for playing loud bass
music.
Our recommendation of refusal of the renewal of this PEL to the Board
is based on the above factors and to ensure as far as possible further
nuisance is not caused to residents in the area.
2.2 Police No objections
2.3 Fire Officer No objections
2.4 Building Control No objections
2.5 Public No objections
2.6 District Councillors No comments
3.0 CONCLUSION
The Licensing Manager is requesting that Members determine the
application having considered the Environmental Health report. (Addendum
attached). The recommendation to the Board is that the application be
refused.
Addendum
28/10/2002 Telephone call received advising us that music from Kat
Man Do was audible within residential premises. Access was provided to
the Emergency Response Officers to be called.
15/11/02 Time 22.25 Bass music audible in nearby premises. Witnessed
by ERO officer.
28/11/2002 Contact made with Mr. Shrestha and visit arranged to Kat
Man Do to check the settings of the noise limiter.
12/12/2002 Visit made with officers of the council and our noise
consultant to reset noise limiter.
Dec 2002 PEL renewal with variation of hours to open later.
14/01/2003 Letter to Mr. Shrestha enclosing copies of noise levels
made by our acoustic consultant when the noise limiter was reset. Also
contained advice, as requested by Mr. Shrestha, of suppliers of more
sophisticated equipment to enable higher sound levels to be obtained on
the dance floor without causing disturbance to local residents.
07/02/2003 Telephone call received to advice that the music was loud
again. Advised to call out the ERO.
07/02/2003 Letter written to Mr. Shrestha confirming appointment for
18/02/2003 to set the noise limiter.
11/02/2003 Telephone call received about an under 18 party, which
ended with trouble outside the premises, as well as audible music within
residential property.
14/02/2003 Music witnessed by ERO part way up The Old High Street,
over to the car park near the tourist information centre and as far
along as The Harbour public house.
18/02/2003 Officers visited premises with our acoustic consultant to
reset the noise limiter. However, no new equipment had been purchased,
but the sound engineer working for Mr. Shrestha was given some
indication as to the levels that need to be adhered to in order for
inaudibility to be achieved in residential premises.
13/03/2003 Letter to Mr. Shrestha enclosing sound levels recorded by
our acoustic consultant on 18/02/2003. Further advice provided about
type of equipment required and fixings for mixer console so that it
cannot be tampered with.
16/03/2003 Monitoring visit. Music was audible outside TIC and
further up the Old High Street past The Usual Suspects pub.
12/04/2003 Telephone call to ERO's advising of loud music at 23.48
16/04/2003 Visit by officers to set the levels of the graphic
equalizer such that no bass beat was audible in the residential
property. It was also agreed that a framework was to be fabricated and
fixed over the graphic equalizer allowing access to mid and top range
frequencies but blanking off low frequencies.
18/04/2003 23.10 hrs. Loud music audible in residential premises and
noticeable even above speech level. Witnessed by ERO officer.
19/04/2003 2300'hrs. ERO witnessed loud bass in residential premises.
Progressively got louder and was still on going when officer left
premises at 0025 hrs.
20/04/2003 2235 hrs Visit by ERO, music audible outside TIC and part
the way up The Old High Street.
22/04/2003 2200 hrs ERO witnessed loud music in nearby premises and
could also be heard in the' car park opposite, near the TIC.
25/04/2003 Warning letter sent to Mr. Shrestha over the levels which
had been exceeded after the visit by officers the previous week.
26/04/2003 2225 hrs ERO witnessed loud music in residential premises.
On going when the officer left at 2330 hrs.
02/05/2003 2158 hrs. Music audible in car park outside TIC. Also bass
clearly heard in residential premises. Officer left site at 2245 with
the music continuing at audible levels.
07/05/2003 Requisition for Information issued under Section 16 of the
Local Government Miscellaneous Provisions) Act 1976
07/05/2003 Telephone call from Mr. Shrestha to advise he had received
my letter. He advised he would get a limiter installed. Informed him the
graphic equalizer he has is just as effective and that the levels set on
this by us last time, should not result in the type of problems we are
having. Mr. Shrestha claims it has not been interfered with.
09/05/2003 2230 hrs Music audible in car park near TIC, and also
witnessed in surrounding residential premises. Music ongoing when ERO
officer left site at 23.05 hrs
16/05/2003 Telephone call from Mr. Shrestha New equipment purchased
and agreed to go along and set limiter on 22/5/03.
July 2003 PEL renewed
08/09/2003 Telephone call received to advise noise from Kat Man Do is
becoming a problem again. Advised to call out ERO as required.
14/09/2003 0005 hrs ERO witnessed loud music as far up as the old
bakery along The Old High Street
14/09/2003 2145 hrs ERO witnessed noise as far up as The Usual
Suspects and across the road in the car park near the TIC building.
16/09/2003 Letter to Mr. Shrestha advising him we had witnessed loud
music from Kat Man Do.
19/09/2003 2200 hrs ERO witnessed loud bass beat within residential
premises that masked the music being played in the premises.
25/09/2003 2250 hrs Music audible in car park opposite and very loud
outside properties in The Old High Street. It is the bass that is most
noticeable.
01/10/2003 2200 hrs Music audible along the Old High Street and in
the car park opposite to the extent that tracks could be identified.
02/10/2003 2310 hrs Loud garage type music being played, with
excessive bass beat
04/10/2003 0025 hrs Sixties type music being played which was audible
out in the street
04/10/2003 2310 hrs Music audible out in the street. Different tracks
could be identified.
06/11/2003 2315 hrs Music very loud tonight. ERO reported that it
could be heard over the telephone. ERO reported music could be heard in
the car park and up as far as No 57 The Old High Street. Excessive
thumping of bass beat evident in front bedroom.
17/11/2003 Abatement notice served under the Environmental Protection
Act 1990.
18/11/2003 Telephone call from Mr. Shretsha. Explained why the
abatement noticed had been served and that if breached consideration
would be given to prosecuting.
30/01/2004 2155 hrs Loud music witnessed by EHO and further council
officer also called out to witness the noise.
31/01/2004 2210 hrs Loud music audible in residential premises and
witnessed by council officers.
05/02/2004 Warning letter sent to Mr. Shretsha as a breach has been
made of the abatement notice served on 17/11/2004.
09/02/2004 Telephone call from Mr. Shrestha wanting some advice about
how to resolve this problem. Did mention about purchasing further
equipment etc. Advised that the management should really be carrying out
checks in order to make sure the limits that have been repeatedly set by
the council are not being exceeded.
11/02/2004 Mr. Shretsha phoned again requesting a meeting with his
sound engineer to check levels of the noise limiter etc.
16/02/2004 Letter sent to Mr. Shretsha providing advice from the
council and suggested action they should be taking to prevent problems
occurring.
28/02/2004 2310 hrs Loud music witnessed by ERO in residential
property. Music could be identified by the tracks being played.
05/03/2004 Telephone call from Philip Carter requesting our
attendance to set levels with new equipment to be installed.
24/03/2004 Sandra Francis reported that during a meeting she has had
with the managers of Kat Man Do, the DJ handed over a key to the
cupboard where the graphic analyzer was kept locked away. Mr. Shretsha
took responsibility for the key.
April 2004 Mr. Shretsha contacted us as the customers of Kat Man Do
complain that the level of music within the premises is not loud enough
and he was making enquiries as to whether this could be changed. He
asked if we would be prepared to go along and meet his sound engineer on
site so that maximum levels can be set with their equipment, or any new
equipment he was thinking of purchasing. Advised that we were quite
happy to work with his sound engineer, but our standard will always be
that music must be inaudible in nearby residential premises.
05/05/2004 Telephone call from Rory Kehoe, Mr. Shretsha's sound engineer.
Discussed in general the problems with the insulation on the building
and the equipment that is already on the premises. Faxed a copy to him
of the noise levels that had been recorded at previous occasions when we
were there to set the noise limiter.
No further complaints have been received since this date on loud
music coming from Kat Man Do. Periodic checks have been made to the site
over the month following this meeting, but noise levels were never
excessive or intrusive.
|
