Agenda item
Application for a Time Limited Premises Licence for Winterville Events Limited, Victoria Park, Bow, E3
Minutes:
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 the Chair stated that the Sub Committee had carefully considered all of the written information placed before them and had taken account of the written submissions of the interested parties and the applicant.
Members carefully considered the concerns expressed by residents and a local Councillor about anti-social behaviour and disturbance in the vicinity of Victoria Park where the event would be held caused by consumption of alcohol and noise by patrons and their fear that this additional event would harm the licensing objectives:
· the prevention of crime and disorder
· the prevention of public nuisance
Members considered the objections which concerned:
· preventing access to the park by residents for an extensive period before during and after the event. The event itself was intended to last from 2 December 2014 to 1 January 2015.
- on-going disturbance caused by drinkers at the event
- antisocial behaviours such as urination in the street; this was a common problem caused by drinkers at events in the park. An objector noted the plan did not address how toilet facilities would be serviced
- noise disturbance to residents living along the egress routes by those leaving the event site late in the evenings
- increased traffic congestion that would be created for the period of the event
- Ward Councillors had not been properly consulted on the event
- inconsistencies relating to the details and proposed family-friendly nature of the event compared to the nature and suggested target audience of the event advertising. It was noted that requested (12) hours for sale of alcohol was not consistent with a family-friendly event
- there could not be effective control of numbers since access to the site was free
- lack of control around third-party lettings
At the meeting, the objectors asked Members to consider reducing the hours of sale of alcohol and curtailing the duration of the event.
Members considered the submission of the applicant and his representative that:
· the applicant had 15 years’ experience in open air multiple-arts event organisation and there was a comprehensive event plan which included noise reduction and crime reduction elements
· experienced subcontractors had been engaged to deal with noise matters and substantial security arrangements were stipulated in the event plan
· there had been extensive consultations with responsible authorities which had begun in June 2014 and extensive changes to the event plan had been made out of these
· since the application was submitted he had accepted that all of the measures requested by Environmental Health be incorporated as conditions of the licence
· the applicant had approached the Council who had agreed to undertake pre-engagement with Ward Councillors
· there had been three consultation meetings to which residents had been invited
· the event to which the licence application related was smaller in scale than summer events at the park with a mixture of free and paid activities and no more than 2800 people were expected to be at the event at any one time. Additionally the audience aimed for was different to that of summer events and anticipated turnover was 2-hourly.
Members also noted the applicant’s offer to terminate sale of alcohol at 22:15 hours on off-peak days and 22:45 hours on peak days.
Having carefully considered the matter, the Sub-Committee came to a view that the extensive requested hours for sale of alcohol would have a detrimental effect on the licensing objectives. Members noted that the applicants intention was that the event should appeal to a wide sector of the community and that the hours applied for were not consistent with a family-friendly event. Hence they considered it appropriate that the hours available for the sale of alcohol should be reduced. They therefore granted the premises licence subject to conditions. and reduced hours for the sale of alcohol with a drinking up time of 30 minutes. These measures, in their view, were appropriate to promote the licensing objectives at this premises.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a new time limited premises licence for Winterville Events Ltd, Victoria Park, London E3 be GRANTED, for the following activities, subject to conditions:
On Sales of Alcohol
· 2nd – 24th December 2014
Off-peak days (Sun-Thur): 12:30 hours – 20:30 hours
Peak days (Fri-Sat): 12:30 hours – 21:30 hours
· 27th - 30th December 2014
Off Peak days: 12:30 hours – 20:30 hours
· 31st December 2014
Peak day: 12:30 hours – 19:30 hours
· 1st January 2015
Peak day: 12:30 hours – 17:30 hours
The Operating Hours of The Premises
· 2nd – 24th December 2014
Off-peak days (Sun-Thur): 10:00 hours – 21:00 hours
Peak days (Fri-Sat): 10:00 hours – 22:00 hours
· 27th - 30th December 2014
Off Peak days: 10:00 hours – 21:00 hours
· 31st December 2014
Peak day: 10:00 hours – 20:00 hours
· 1st January 2015
Peak day: 12:30 hours – 18:00 hours
Provision of regulated entertainment
· 2nd – 24th December 2014
Off-peak days(Sun-Thur): 10:00 hours – 21:00 hours
Peak days(Fri-Sat): 10:00 hours – 22:00 hours
· 27th - 30th December 2014
Off Peak days: 10:00 hours – 21:00 hours
· 31st December 2014
Peak day: 10:00 hours – 20:00 hours
· 1st January 2015
Peak day: 12:30 hours – 18:00 hours
Conditions:
1. The “Event Noise Level” (ENL) measured as a free field LAeq over any 15-minute period at any position on the boundary of the park or an agreed proxy location shall not exceed 65 dBA, or no more than 15 dB above the existing background noise level to a maximum of 70 dBA*, whichever is the higher.
Noise monitoring locations have been agreed as:-
i) Wetherell Road (adjacent to the day Nursery within the park)
ii) Waterside Close (within the park)
iii) Empire Wharf (within the park)
Any other agreed position within the park, due to it being found that residents are being adversely affected by the event noise level.
2 Low frequency noise shall be controlled so as not to cause a nuisance.
3. A competent person shall be appointed by the licensee of the event. This means a person with the ability to monitor noise and with the authority to control sound levels to ensure compliance with these noise conditions.
4. The sound systems and other noise sources shall be positioned so as to minimise noise disturbance, in consultation with the Council’s Environmental Health Department.
5. Sound tests shall be carried out in conjunction with the Councils Environmental Health Department before the event. This will determine the maximum noise levels that can prevail at agreed proxy monitoring positions so as to ensure compliance with the noise limits defined in condition 1.
6. The Noise Consultant shall be able to demonstrate an up to date calibration certificate for all noise meters used according to the current British and International standards and shall be a minimum type 2 grade instruments.
7. Erection, dismantling and cleaning operations should only be undertaken during Council Policy working hours Mon. – Fri 8.00 a.m. – 6.00 p.m. and Saturday 8.00 a.m. – 1.00 p.m. unless otherwise agreed by prior consent. If work or operations are agreed outside of the above hours contact telephone number (not an answer phone) must be provided for the person in charge of these operations. (The local authority has agreed to extended working hours until 8 p.m. at night-time with the applicant for safety reasons across the week, works though should not take place before 9 a.m. on a Sunday.
8. White noise "Broadband" reversing alarms shall be used on any forklift truck or vehicle likely to affect any residential property.
9. Complaints shall be directed to our Officers immediately by telephone or via the Council’s emergency gatehouse telephone number, not radio. The Council’s complaints procedure for taking and logging complaints must be followed at all times.
10. The licensee shall comply with any reasonable instructions given by the licensing authority that seek to control noise nuisance.
* At particular location the background noise level measured as an LA(90),1-hour may be above 50 dB, where this is the case the LAeq is allowed to exceed LAeq 65 dB,15-minutes, up to a maximum of LAeq 70 dB,15-minutes. The LAeq noise limit is then the LA(90) + 15 dB. The background noise level must be agreed in advance of any noise limit above LAeq 65 dB being used and must be based on the arithmetic average of the last four hours of the event where the background noise level is likely to be at its lowest point.
Supporting documents:
- Winterville cover report, item 3.2 PDF 87 KB
- Winterville Appendices Only, item 3.2 PDF 1 MB
- Winterville Objection, item 3.2 PDF 31 KB
- Winterville Supporting Doc 1, item 3.2 PDF 75 KB
- Winterville Supporting Doc 2, item 3.2 PDF 49 KB
- Winterville Supporting Doc 3, item 3.2 PDF 301 KB