A Burnt Oak restaurant is facing potential licence refusal following concerns raised by both the Metropolitan Police and the Scientific Services Team (Environmental Health) regarding noise and potential public nuisance.
The Licensing Sub-Committee for Barnet Council convened on Tuesday 22 July 2025, to discuss a new premises licence application for Atmosphere Restaurant, located at 218 Burnt Oak Broadway, Edgware. The restaurant is seeking permission for a range of activities, including live and recorded music, performance of dance, late night refreshment, and the sale of alcohol for consumption on the premises, with opening hours from 10:00 to 04:00 daily.
However, the application has met with resistance from authorities, primarily due to the restaurant's location within a designated Cumulative Impact Zone (CIZ) and its proximity to residential properties, including Deborah Lodge, a facility for vulnerable older residents, as well as densely populated family properties on South and North Road. The vast majority of properties to the rear are elevated and overlook the premises, with direct line of sight that affords no natural noise mitigation.
A Cumulative Impact Zone (CIZ) is an area where the council has evidence that the number of licensed premises is negatively impacting licensing objectives, especially regarding crime, nuisance and public safety. Within a CIZ, there is a presumption that new premises licences will be refused unless the applicant can demonstrate that the licence will not add to the cumulative impact already being experienced in the area, according to the Licensing Manager's report.
The Scientific Services Team (Environmental Health) submitted a representation highlighting a history of noise complaints since August 2024. These complaints include reports of loud amplified music, shouting, and disruptive patron behaviour. The team also noted the absence of a Noise Impact Assessment or Noise Management Plan, raising concerns about the potential for public nuisance if the application is granted. According to the representation from Environmental Health, I am in no doubt that should the application be granted, noise disturbance from music and patrons in external areas would result in public nuisance and have both a detrimental and adverse effect of occupants of neighbouring residential properties; I therefore have no option but to request refusal of the application in its entirety to prevent public nuisance under the licensing objectives.
The Metropolitan Police have also voiced concerns, particularly regarding the use of the newly constructed forecourt seating area after 23:00. They argue that its proximity to residential properties could lead to noise complaints and anti-social behaviour. While the applicant's agent agreed to most of the proposed conditions, they did not agree to the condition requiring the forecourt area to close at 23:00. PC Kouppari stated that Police are very concerned that allowing the forecourt seating area to be used after 11pm would create a noise nuisance. While police are not the enforcing authority for noise, the escalation of noise complaints can often result in calls to the police and local authority to deal with.
The applicant intends to take the following steps to promote the four licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm):
- Only selling alcohol during operating hours and for consumption on the premises
- Installing a CCTV system that meets UK police requirements
- Providing emergency lighting and smoke detectors
- Operating a
challenge 25
proof of age scheme
According to the Environmental Health representation, records confirm engagement by noise team officers with the management of the premises has occurred via letter and email, with representatives of the premises denying allegations of causing noise nuisance, citing minimal operations taking place and complaints being malicious. The applicant has not included either a Noise Impact Assessment or Noise Management Plan (NMP) to accompany the proposal.
The Licensing Sub-Committee will now consider the representations from both authorities, as well as the applicant's proposed steps to promote the four licensing objectives, before making a decision. The sub-committee can:
- Grant the licence subject to conditions that are consistent with the operating schedule accompanying the application modified to such extent as the authority considers appropriate for the promotion of the licensing objectives, and any condition which must under section 19, 20 or 21 of the Licensing Act 2003 be included in the licence
- Exclude from the scope of the licence any of the licensable activities to which the application relates
- Refuse to specify a person in the licence as the premises supervisor
- Reject the application
If the license is refused, the restaurant can appeal to Willesden Magistrates' Court within 21 days of notification of the decision, according to the Hearings Procedure document. The Agenda frontsheet for the meeting and the Public reports pack provide further details on the application and the concerns raised. The specific conditions agreed to by the applicant's agent are detailed in Annex 4 of the Public reports pack.
