Agenda item

ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD LICENSING OFFICER'S CASE

Minutes:

Sarah Conquest, Licensing Enforcement Officer from the Royal Borough of Windsor & Maidenhead, expressed Licensing supported the application submitted by Environmental Protection to review the issued premises licence for Pazzia Restaurant. Licensing agreed to the recommendations and supported the reduction of licensed hours as detailed in the review application.

 

The Licensing Enforcement Officer explained that licensing was made aware of ongoing noise and disturbances reported by the neighbours and the community wardens since the hearing in January 2019.

 

Sarah Conquest explained that on 15th January 2019, following the previous hearing, licensing met with DPS Mr Jorge Rodrigues and owner Mr Candido Rodrigues at the Town Hall. Steve Smith, a Licensing Enforcement Officer colleague, told Mr and Mr Rodrigues that the meeting had been called separate to any other process with regards to noise complaints and the previous hearing. Mr Smith said to both Mr and Mr Rodrigues that Licensing received reports from Community Wardens’ routine inspections of the premises of possible licensable activities beyond the premises granted hours. Mr Smith had clarified that should the premises not comply with the hours, terms and conditions set to the issued licence; licensing would have no further option than to review the licence.

 

Sarah Conquest explained that Mr Candido Rodrigues was passionate throughout the meeting and said on at least one occasion, the audible music was from a local hotel. Steve Smith had explained the reports were regarding the noise issues as well as the hours the premises must operate to.

 

Sarah Conquest said that Mr Candido Rodrigues informed that both Rapha and Michael, previous premises managers, had left the business and assured Licensing that the permitted hours were kept to. Sarah Conquest explained that this was disputed with the reports, however, both Mr and Mr Rodrigues said the Wardens did not get out of the car when they attended, and that if they were going to make reports, they should have entered the premises to ascertain the type of music being heard (Live music until 2300 hours and recorded thereafter). This was agreed by Steve Smith and Sarah Conquest and they assured that this would be fed back to the Community Wardens. Mr Candido Rodrigues expressed he felt victimised by the neighbours and explained they have not had any complaints or issues from other residents nearby.

 

Sarah Conquest said that Mr Candido Rodrigues offered the possibility of installing a noise limiter at the premises as a method of mitigating the noise issues and was supported on this by Steve Smith and Sarah Conquest. Mr Smith had offered to contact the Environmental Protection Office (EPO) regarding this. References to the dispute between the premises and neighbours were raised in the meeting, however it was explained that the meeting was not inspired by anything other than the reports by the Wardens on non-compliance.

 

Sarah Conquest explained that Steve Smith had concluded the meeting by urging the premises keep to their hours, terms and conditions set in the current premises licence, with the assurance that failure to comply would result in Licensing (as a responsible authority) reviewing the premises licence.

 

On 19th April 2019 at 2306 hours, the Licensing Officer spoke to the out of hours Officer by telephone, who informed he was at the premises (due to working in Staines and not because of a complaint). The OOH Officer informed there were several customers within the premises and approximately 10 customers outside the restaurant talking and laughing loudly. Sarah Conquest believed the Officer had knocked on the neighbour's door to establish if the noise was audible inside their property. Sarah Conquest said no live music was being performed at the premises and the recorded music played indoors was not audible at the premises’ boundary. The Licensing Officer waited until 0115 hours but did not receive any further calls from either the control room, the Community Wardens or the OOH officer.

 

Sarah Conquest reiterated the events that took place on 20th April 2020, as explained earlier by Debie Pearmain. Sarah Conquest added that live music was clearly audible and stated the song playing was “It's Not Unusual”. At 2355 hours, Licensing received a call from the OOH officer who informed that he was at the premises and all was in order, and expressed he was noticed by the manager whilst driving his vehicle out of Pazzia’s car park.

 

Following this incident, Sarah Conquest addressed that the Licensing Officers recommended that Environmental Protection should install noise monitoring equipment at the neighbours’ property to ascertain if there was a statutory noise nuisance.

 

Sarah Conquest described that a meeting with Mr Candido Rodrigues took place on 16th July 2019 that discussed the noise recordings made from 27th April to 3rd June 2019. Advice was given based on the evidence and it was explained that Environmental Protection would review the licence to include new conditions. It was also explained that this may not be required if the Premises Licence Holder applied to include the set of conditions by way of minor variation. The Licensing Officer offered advice and support in applying for the application in order to attach the following conditions:

 

1.    The minor variation to be submitted within 28 days.

2.    Use of tables and chairs outside the front of the building to cease at 2200 hours, 7 nights per week, with the tables and chairs removed or covered up at this time.

3.    The smoking solution to be moved to the rear of the building at 2200 hours.

4.    No table or chairs to be provided at the rear of the building.

5.    CCTV to be provided at the front and rear of the building.

Sarah Conquest explained that on 20th August 2019, the Licensing Officer contacted Mr Candido Rodrigues, who confirmed the premises would not apply for a minor variation to include the conditions. Mr Candido Rodrigues was informed that this decision would mean that Environmental Protection would have no other option other than to review.

 

Sarah Conquest concluded that it was Licensing's opinion that should the hours and conditions be amended as recommended, there would be a reduction in public nuisance. Licensing also supported the four key objectives which should thus reduce the impact on neighbouring residents, whilst balancing the needs of the business.