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BOLDMERE DELI: Not allowed to screen Euro games in garden past 9pm

BOLDMERE DELI: Not allowed to screen Euro games in garden past 9pm

Image: LDRS

A deli has been told it is not allowed to screen Euro games in its garden past 9pm as it would  “cause unnecessary disturbance” to neighbours.

The Deli in Boldmere, Sutton Coldfield, had applied for temporary event notices (TENs) covering potential England games and the UEFA Euro 2020 final.

Staff wanted to show the games which in the evening run past 9pm – the cut-off time for when they can use the garden at the venue in Boldmere Road.

But West Midlands Police and environmental health officers objected to the plan – and councillors have now agreed and served counter notices to the deli.

The licensing sub-committee hearing heard the venue has already screened two of the games – and staff have shown evidence to the the Local Democracy Reporting Service that they were initially told by the council permission had been granted.

But the venue will not be able to show evening games in their entirety for the remainder of the competition.

The sub-committee – consisting of chair Cllr Mike Leddy (Lab, Brandwood and King’s Heath), Cllr Mike Sharpe (Lab, Pype Hayes) and Cllr Adam Higgs (Con, Highter’s Heath) – published its decision today.

It said: “[…] After hearing from the responsible authorities, the sub-committee was of the opinion that allowing the events to proceed would cause unnecessary disturbance to neighbouring residents.

“Due to the nature of the events, namely televised England matches, there was a high risk of noise breakout from the premises, particularly due to the close proximity of residential properties, at a late hour of the evening.

“The environmental health department of the city council reminded the sub-committee that conditions had been placed on the licence in 2018 specifically to guard against the risk of noise nuisance; to permit the events to go ahead would be to disapply these conditions.

“There would be a direct impact on neighbouring residents.

“Although due regard was given to the premises user’s representation, the sub-committee was not confident that the premises user could overcome the concerns by the responsible authorities relating to the potential for nuisance.

“The sub-committee was satisfied that on the balance of probabilities public nuisance would arise in connection with the proposed events at the premises, due to its location close to residential properties.

“The sub-committee therefore determined that it would be appropriate to reject the temporary event notices in order to ensure the promotion of the prevention of public nuisance licensing objective in the Act [Licensing Act 2003].”

Words: Mark Cardwell, Local Democracy Reporter

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