Agenda item
Application for Time Limited Premises Licence for Millwall Park, Manchester Road, London E14
Minutes:
At the request of the Chair, Mr Carsten Raun, Director/Applicant explained that Oktoberfest was a German festival dating from 200 years he said that it was a cultural event which would play special German folk music, have German beer and German food and that it would all take place inside a tent. He further explained that the aim was to enjoy the German experience in England, a way of bringing fun to people and making new friends. It was further noted that there would only be one kind of beer sold at the festival which would come directly from Germany and would be priced at £8.50 per 1 ½ pint.
It was noted that the festival was being held in 8 different countries around the world and in 5 years not once have they had to call the police. Mr Raun mentioned that 1000 people had already been booked to attend the festival. He noted the concerns of local residents and explained that everything would be inside the tent and all licensable activities would be controlled inside the tent. That there would be 33 security staff at the entrance and exit, and they would be operating the challenge 25 policy. He also said that on Sunday there would be a family lunch where children would be allowed to attend accompanied with parents. He then stated that the DLR links were important and a deciding factor when this venue was chosen as the DLR station was adjoined to the park and that toilets would be situated around the tent and leading up to the DLR station.
Mr Raun concluded that the strict conditions set by Environmental Health in relation to low level noise would not cause problems to residents. Also he mentioned that the tent would be moved away from the rugby pitch so not to affect any games that would be played on the days.
Members then heard from Councillor Gloria Thienel, Ward Councillor and resident, she stated that the hours were unreasonable especially in a residential area and the pressure on the DLR trains would cause disruption too. She mentioned that in a letter sent from the applicant to residents it was stated that the trains accommodated for 2000 people however this was not correct as in actual fact the maximum capacity of the trains was 660. She also stated that the event which was taking place in Kennington Park did not have any residential properties adjoining to the park and had numerous travel links. She concluded that if this application was granted it would increase anti-social behaviour and public nuisance as well as public urination in the area.
Members then heard from Lorraine Cavanagh (Chair of Millwall Park and Island Gardens User Group) she raised issues concerning youth congregation, alcohol abuse, the effect on families and the lack of security for the number of people anticipated to attend.
Mr Gareth Hargreaves, local resident also raised similar concerns and highlighted the effects it would have on the rugby club and the games scheduled for the Saturday the event is due, impacting on public safety of the players and supporters.
Lastly Members heard form Glen McCarthy, local resident who explained that his bedroom and living room overlooked the park and that he and neighbours would suffer from the noise disturbance that would be caused. He further stated that he had been to this kind of festival in Germany before and believed it to be a strong beer drinking festival, with high strength beers being sold. He questioned what security was in place and what the applicant would do if people were drunk or inebriated.
In response to questions it was noted that this was the first time this festival was proposing to be held in Tower Hamlets. That Mr Raun had consulted with the Tower Hamlets Arts & Events Team as well as having the Licensing Consultation. It was also noted that there was a school nearby and concerns were raised in how this would affect school children. Mr Raun explained that the patrons who usually attend these festivals were aged between 35-55 years old and staff would not allow anyone under the age of 18 to enter.
It was further noted that the festival was hoping to attract 10,000 people over the 4 day period and the organisers had asked them to use public transport due to the good transport links with the DLR. It was noted that there would be fences up to partition the tent from the park users and all licensable actives would take place in the tent.
Mr Raun concluded that the beer would be at 5% abv and had been approved by HMRC, that only plastic glasses would be used and nothing would leave the tent. ID checks would be carried out and no one aged under 18 would be allowed inside.
Cllr Thienel, stated that this was a small residential park and by having this event it would damage the park, cause an increase in anti-social behaviour and affect the local residents.
Members retired to consider their decision at 7.40pm and reconvened at 7.55pm.</AI5>
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The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Licensing Guidance and the Council’s Statement of Licensing Policy.
Consideration
Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had decided to grant the licence in part and add conditions in order to address the concerns raised in relation to the licensing objectives of “the prevention of crime and disorder” and “the prevention of public nuisance”.
The Sub Committee noted both comments and representations from the Applicant and the Objectors about the concerns in selling alcohol. Members did not think it was appropriate or proportionate to reject the application entirely as Members noted the procedures and processes put in place by the Applicant to ensure that alcohol would be sold responsibly and measures be in place to ensure that all licensable activities would remain in the tent area in which the festival would take place in.
However, Members had considerable local knowledge of the area and from sitting on other Licensing Sub Committees, Members were aware that there were issues around anti-social behaviour in the area. For this reason, Members were not prepared to grant the application on the hours applied for, but they were prepared to reduce the hours. Members considered that this restriction on hours applied for was necessary and proportionate to fulfil the licensing objective of prevention of public nuisance and crime and disorder.
Decision
Accordingly, by a majority decision the Sub-Committee –
RESOLVED
That the application for a Time Variation of the Premises Licence for, Oktoberfest, Millwall Park, London E14 be GRANTED in part, with conditions.
Sale of Alcohol
- Thursday and Friday from 17:00 hours to 21:30 hours
- Saturday from 13:00 hours to 21:30 hours
- Sunday from 13:00 hours to 18:00 hours
The Provision of Regulated Entertainment (Live & Recorded Music)
- Thursday and Friday from 17:00 hours to 21:30 hours
- Saturday from 13:00 hours to 21:30 hours
- Sunday from 13:00 hours to 18:00 hours
Hours Premises is open to the Public
- Thursday and Friday from 17:00 hours to 22:00 hours
- Saturday from 12:00 hours to 22:00 hours
- Sunday from 12:00 hours to 18:30 hours
Conditions
- Plastic glasses to be used only.
- Low frequency level to be 70 dB @ 63 Hz at any noise sensitive premises.
- Music noise level should not exceed the background noise level by more than 15dB over a 15 minute period 1 metre from the façade of any noise sensitive premises
- x2 KP ACOUSTICS members of staff to monitor noise and respond to complaints throughout the whole event.
- Site working hours are as agreed with the London Borough of Tower Hamlets Environment Protection Officers, to limit the potential nuisance from construction and de-rig noise.
- In addition to the live event timings in which noise will be managed, there will be a three hour window on Wednesday 2nd October 2013 between 15:00 and 18:00 for sound check purposes within which no more than two hours of noise will be generated. KP Acoustics to be present at all times to monitor noise levels throughout this period.
- All noise data for the whole event to be sent to Tower Hamlets Environmental Protection within 14 days from 6th October 2013.
Supporting documents: