Agenda item
Application for Time Limited Premises Licence for Victoria Park, London E3
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report, detailing the application for a Time Limited Premises Licence for AEG, Victoria Park, London E3. It was noted that objections had been received by local ward councillors from Tower Hamlets and Hackney Council.
At the request of the Chair, Mr Simon Taylor, Legal Representative for the Applicants explained that a number of elements of the application had been withdrawn since the application was first made. He referred Members to the objection letter contained in the agenda on pages 503-504 and explained that following a mediation meeting with some of the Councillors they had made some progress.
It was noted that AEG was the 2nd largest promoter in world, with 15 years of experience holding events in places like the O2 and Wembley Stadium and explained that they had held previous events in Victoria Park and Hyde Park. Mr Taylor then gave examples of other successful events led by AEG to demonstrate to members the proven track record AEG had, and the support they received from the local community.
It was noted that an annual event needed embracing from the local community and this was built into the consultation and the conditions offered giving the residents the opportunity to raise concerns before and after the event.
It was further noted that there were no representations from Responsible Authorities as upon consultation they were happy with the plans proposed. It was noted that a Noise Consultant had been appointed from Vangaurdia to deal with complaints received and to comply with and manage the noise conditions and regulations etc.
He explained that a reduction in the number of years from 5 years to 1 year would not be feasible as the licensing regime allowed for a licence for multiple years and not only permanent licence. It was noted that AEG had been awarded the land licence for Victoria Park and wanted to mirror this with a premises licence to create a synergy and to cut costs. He explained that a review process was available to everyone and is a primary remedy if anything was to go wrong. He explained that the conditions proposed were tailored to suit a multiple licence.
Mr Taylor concluded that if Members were satisfied to agree a 1 year licence then why not confident to grant a 5 year licence.
Members then heard from Councillor Josh Peck, he explained that he represented all the Councillors who had objected and in total was representing 90,000 residents between them. He said he was delighted that AEG won the tender, however said that despite how good they were, it was difficult to know the impact its events would have and simply impossible to mitigate potential problems. He said that all processes that has been mentioned by the Applicants had been used before and none of them had adequately managed it. He said that 2 out of the 4 issues raised in the objections have been resolved.
The two remaining was the 75 dba as close proximity to residents and the number of years for the licence.
He then proposed the following that the objectors would be happy with a MNL at 70dba for a 5 year licence or a MNL at 75dba for a 2 year licence.
Councillor Rachel Black and Councillor Amina Ali also raised similar concerns and highlighted the issues relating to noise nuisance.
In response to questions from Members the following was noted;
- That if a two year licence could be granted then why not a five year licence?
- That the applicants would be investing a significant amount of money into the process and a longer licence would justify their costs.
- That there would be a large number of sanitation facilities in and around the venue, as well as, on the route to the stations. It was noted that the applicant’s would be doubling the number of toilet facilities that had been recommended for such an event.
- That the applicant’s would be amenable to a 3 year licence with the MNL set at 75dba as the community investment which is proposed is heavily linked to a 5 year contract.
- That there would be increased stewards and sanitation facilities.
- That the Councillors were of the view that a 2 year licence would build trust with residents and then give the applicants the opportunity to re-apply for the remaining years.
Members adjourned the meeting at 8pm to deliberate and reconvened at 8.25pm.
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 Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
1. The Prevention of Crime and Disorder;
2. Public Safety;
3. Prevention of Public Nuisance; and
4. The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representation on behalf of the Applicant and the local Councillors who had made objections with particular regard to the licensing objection of the prevention of public nuisance.
Members noted that a mediation meeting had taken place between the interested parties during which some points were addressed and options for a reduction in the term of the licence was discussed.
Members were of the view that a comparison to events in Hyde Park and Wembley Stadium were not the same as Victoria Park as the demographics and transport links were very different as opposed to the others, as Victoria Park was in the middle of a residential area and in close proximity to the park.
Members considered the impact on the local residents and noted the number of complaints from previous events at the park and from their own local knowledge. Members were concerned with the potential increase in the number of people that would be visiting the area during the event periods and the likelihood of increased public nuisance. It was noted that although there was an option for interested parties to review a licence, the process to seek a review was not so easy and straightforward.
Members welcomed the efforts made by the Applicant in offering a set of robust conditions and were also pleased to note the increase in sanitation facilities around the park and on route to transport links.
Members considered the proposals made at the meeting and were of the view that due to the number of complaints from previous events it was reasonable and proportionate to grant a two year licence with MNL at 75dba. This would allow the applicants the opportunity to demonstrate their event management plans and would then be able to apply for the remaining term of the contract.
Members considered the proposed conditions by the applicant and the impact of the application on the local area and local residents. Therefore considering all of the above, Members decided to GRANT the application in part to appease the concerns of residents in both Tower Hamlets and the neighbouring borough of Hackney.
Decision
Accordingly, the Sub Committee unanimously –
RESOLVED
That the application for a Time Limited Premises Licence for AEG, Victoria Park, London E3 be GRANTED IN PART.
Time Limited Premise Licence
6th February 2018 to 6th February 2020
Hours premises are open to the public
Monday 10.00 hours to 23:00 hours *
Tuesday 10.00 hours to 22.30 hours
Wednesday 10.00 hours to 22.30 hours
Thursday 10.00 hours to 22.30 hours
Friday 10.00 hours to 23.30 hours#
Saturday 12.00 hours to 23.30 hours
Sunday 12.00 hours to 23.00 hours
*where event days fall on bank holidays the following timings would apply for major events, Bank Holiday Monday: 12.00 hours to 23:00 hours.
For minor events, Bank Holiday Monday: 10.00 hours to 22:00 hours
#where event days fall on Friday the following timings would apply for major events, Friday: 12.00 hours to 23.30 hours. For minor events, Friday: 10.00 hours to 22:00 hours
Supply of Alcohol:
Monday - 10.00 hours to 22.15* hours
Tuesday 10.00 hours to 21.45 hours
Wednesday 10.00 hours to 21.45 hours
Thursday 10.00 hours to 21.45 hours
Friday 10.00 hours to 22.45# hours
Saturday 12.00 hours to 22.45 hours
Sunday 12.00 hours to 22.15 hours
* where event days fall on bank holidays the following timings would apply for major events, Bank Holiday Monday: 12.00 hours to 22.15 hours.
For minor events, Bank Holiday Monday: 10.00 hours to 21.30 hours and closing time of the venue for “Minor” events to 22:00 hours
# where event days fall on Friday the following timings would apply for major events, Friday: 12.00 hours to 22.45 hours. For minor events, Friday: 10.00 to 21.30 hours and closing time of the venue for “Minor” events to 22:00 hours
Plays / Films / Indoor sporting events / Boxing or Wrestling/ Live Music / Recorded Music/ Performance of Dance / Anything of a Similar Description:
Monday 10.00 hours to 22.30 hours *
Tuesday 10.00 hours to 22.00 hours
Wednesday 10.00 hours to 22.00 hours
Thursday 10.00 hours to 22.00 hours
Friday 10.00 hours to 23.00 hours#
Saturday 12.00 hours to 23.00 hours
Sunday 12.00 hours to 22.30 hours
* where event days fall on bank holidays the following timings would apply for major events, Bank Holiday Monday: 12.00 hours to 22.30 hours.
For minor events, Bank Holiday Monday: 10.00 hours to 21.30 hours and closing time of the venue for “Minor” events to 22:00 hours
#where event days fall on Friday the following timings would apply for major events, Friday: 12.00 hours to 23.00 hours. For minor events, Friday: 10.00 hours to 21.30 hours and closing time of the venue for “Minor” events to 22:00 hours
Conditions
1. A maximumof ten(10) eventdays maybe operatedunder thislicence ineach calendar year,of whichno morethan six(6) maybe ata capacitynot exceeding 39,999(“Major Event”)and theremainder ata capacitynot exceeding14,999 (“Minor Event”).
2. Major Event dayswill takeplace onlyon Fridays,Saturday, Sundaysor Bank HolidayMondays, exceptwhere otherwiseapproved bythe MultiAgency Planning Group
3. Eachyear, thePremises Licenceholder willundertake afull anddetailed consultation witheach ofthe responsibleauthorities. Thisconsultation willtake place through aMulti-Agency PlanningGroup (Chairedby theLocal Authority)in the lead up to, and during the event.
4. Each year, atleast 4months priorto thefirst eventdate, thePremises Licenceholder willnotify theLicensing Authorityof theproposed datesfor thatyears events.
5. Each year, atleast 3months priorto thefirst eventdate, thePremises Licenceholder willproduce adraft EventManagement &Operating Plan(EMOP) containing detailappropriate tothe Event.This willalso includea detailedplan of thesite.
6. TheFinal EventManagement andOperating Plan(EMOP) mustbe approvedby the Multi-AgencyPlanning Group,at leastone monthprior tothe firstevent date. Thereafter,no changeswill bemade tothe EMOPwithout theprior written consentof theLicensing Authority. Anychanges duringthe eventcan onlybe madewith theconsent ofthe Event Liaison Team(ELT).
7. Foreach eventthe finalEMOP (includingthe planof thesite) willbe implemented andcomplied withby thePremises Licenseholder.
8. Throughoutthe eventopen periodthe PremisesLicence holder willmaintain an EventControl Roomto managethe event.
9. Adebrief meetingwill beundertaken annuallyafter thefinal eventdate;
10.ThePremises Licenceholder willimplement anevent andpre-event communicationsstrategy toprovide anti-crimemessaging anddrugs awareness adviceto ticketholders;
11.ThePremises Licenceholder willuse screeningon theentry pointsto theevent, to exercisethe rightto refuseentry toany unauthorizedor disorderlyperson;
12.ThePremises Licenceholder willimplement variousoperations todisrupt the misuse ofdrugs amongstthose proposingto attendthe event,and tosupport the EventOrganisers“zero toleranceto drugs”policy;
13.Inconjunction withthe MetropolitanPolice andother responsibleauthorities, eachyear thePremises Licenceholder willproduce;
Crowd ManagementPlan
Alcohol ManagementPlan
Ingress ManagementPlan
Egress ManagementPlan
Security &Crime ReductionPlan
14.Inconjunction withLBTH Health& Safetyand otherresponsible authorities,each year thePremises Licenceholder willproduce;
Risk Assessment
Fire RiskAssessment
Schedule ofTemporary Structures
Questionnaire andInspection schedulefor FoodTraders
Rulesfor Sitecontractors
15. ThePremises Licenceholder willset upa publicisedmeeting eachyear withlocal residents priorto thefirst eventdate. Thismeeting willbe todiscuss plansfor the Eventand receiveresidentsfeedback.
16. ThePremises Licenceholder willset upa publicisedmeeting eachyear withlocal residents afterthe finalevent date.This meetingwill beto receiveresidents feedback;
17. Agerestrictions willapply toeach eventday, theage restrictionsfor eachevent day will beagreed inadvance withthe Multi-AgencyGroup andwill becontained within theEMOP
18. Allalcohol outletswill bemonitored bysecurity staffand barsmanagement team. Allbar staffwill receivetraining anddaily briefings;
19. ThePremises Licenceholder offersthe opportunityfor agenciesto visitthe site during thelive periodto demonstratethe licenceholders managementcontrols and experienceof theevent.
20. ThePremises Licenceholder willprovide thecontact numbersof theapplicants and theirappointed officers
21. ForMajor Events,the “MusicNoise Level”(MNL) measuredas aLAeq over any15- minute froman agreedpermanent noisemonitoring positionshall notexceed 75 dBA 15-minutes.
22. ForMinor Events,the “MusicNoise Level”(MNL) measuredas aLAeq over any15- minute froman agreedpermanent noisemonitoring positionshall notexceed 65
23. Thefollowing threepermanent noisemonitoring positionshave beenagreed (as detailedbelow), butshould itbe foundthat theseare notrepresentative ofthe site layout orresidential noiseimpact, thenthey maybe relocatedwith the agreement ofthe PremisesLicence holder andenvironmental health.The three agreed PermanentNoise MonitoringLocations are: i) Waterside Close,at theresidential façade. ii) EmpireWharf (withinVictoria Park)in-line withthe buildingarch. ii)WetherellRoad (IveaghClose) DayNursery (withinVictoria Park).
24. Thesound systemand sitedesign shallbe reviewedto managecontainment ofsub- bass, soas notto causea public nuisance.
25. ThePremises Licenceholder shallappoint acompetent NoiseConsultant. The consultant willhave theability tomonitor musicnoise levelscompetently andwith the authorityto controlsound levelsto ensurecompliance withthe musicnoise conditions.
26. Adirect meansof communicationbetween theNoise Consultantand theOfficers of theEnvironmental HealthDepartment mustbe madeavailable. Theremust also bea separateradio channeldedicated tonoise control.
27. Inconsultation withthe Council’sEnvironmental HealthDepartment, thesound systems andother noisesources shallbe positionedso asto minimisenoise disturbance.
28. Inconjunction withthe CouncilsEnvironmental HealthDepartment, soundtests shall becarried outbefore theevent. Thiswill determinethe maximummusic noise levels thatcan prevailat agreedproxy monitoringpositions soas toensure compliance withthe agreednoise limits;
29. Apermanent noisemonitor shallbe placedat all“front ofhouse” soundmixer positions, this mustbe ableto measure15 minuteLAeq periods orless andprint or storethe results,Officers mustbe ableto viewall theresults atthe mixerposition during theevent. Acopy ofany noisemeasurements undertakenat permanentsound mixeror the3 residential monitoring locationsmust beforwarded within10 workingdays tothe EnvironmentalHealth Department.
30. TheNoise Consultantshall beable todemonstrate anup todate calibration certificatefor allnoise metersused accordingto BS7580:1992 andbe aminimum type 2grade instrumentaccording toBS5969: 1981.
31. Erection,dismantling andcleaning operationsshould onlybe undertakenduring Council Policy workinghours Mon.– Fri8.00 a.m.– 6.00p.m. andSaturday 8.00a.m.– 1.00p.m. unlessotherwise agreedby priorconsent. Ifwork oroperations areagreed outsideof theabove hoursa contacttelephone number(not ananswer phone) must beprovided forthe personin chargeof theseoperations.
32. Whitenoise “Broadband”reversing alarmsshall beused onany forklifttruck or vehiclelikely toaffect anyresidential propertythroughout theoccupation ofthe parkby thePremises Licenceholder.
33. Anycomplaints receivedshould bedirected viaa centralcomplaints handlingsystem anddirected tothe CouncilOfficers andall concernedimmediately by secure phoneor messagingservice, notvia aninsecure wirelessradio system.The Council’s complaints procedurefor takingand loggingcomplaints mustbe followed atall times.
34. ThePremises Licenceholder shallcomply withany reasonableinstructions givenby the licensingauthority thatseek tocontrol noisenuisance.
35. Thenoise-consultant musthave asufficient numberof competentstaff withthe necessary authority, confirmedin writingby thelicensee tocontrol themusic noise levels. Thisnumber shouldbe agreedwith EnvironmentalHealth departmentin advance ofthe event.
36. ThePremises Licenceholder shallinvite arepresentative ofEnvironmental Protection Departmentto visitthe siteduring theevent liveperiod totake noise measurements andqualitatively assessthe impactof eventnoise onthe property, and forall partiesto usethis informationto drivefurther improvementsin the managementof theevent.
37. Noalcohol shallbe takenout ofthe licensedarea;
38. Anymobile dispensingservers (MDS)will beaccompanied bypersons notinvolved directly inserving alcohol.These otherpersons ('shepherds')will beresponsible, jointlywith thesellers andsecurity personnel,for ensuringthat mobileunits comply withthe Challenge25 policyused onsite, includingpreventing proxysales; and salesto intoxicatedcustomers;
39. Thelicensee mustensure thatall staffinvolved inMDS operationsare fullyaware of and understandthe requirementsof theLicensing Act2003 andall related conditionsapplicable tothe event.
40. MDSoperators mustcarry aclear indicationthat aChallenge 25protocol isin operation.
41.AChallenge 25Policy shallbe implemented,so thatbefore beingserved alcohol, identification bearingtheir photograph,date ofbirth, and aholographic markis checked. Identificationwill include,for example;
A photodriving licence
Apassport
Aproof ofage cardbearing thePASS hologram.
42.Throughout the duration of the events (including sound checks, rehearsals and concert performances) the control limits set at the mixer position shall be adequate to ensure that the 63Hz and 125Hz octave frequency bands shall not exceed 75dB (LZeq 15 minutes) as a result of Music Noice level (MNL) beyond a 2km radius (distance measured from the main stage mixer position). The 63 Hz and 125 Hz octave frequency bands shall be assessed in a free field position at measurement points prescribed by the London Borough of Tower Hamlets Environmental Health.
43.The noise consultant shall make use of a monitoring system that allows for real-time correlation between performance stages and off site monitoring locations.
Supporting documents:
- AEG Victoria Park cover report, item 3.2 PDF 95 KB
- AEG Victoria Park Appendices Only, item 3.2 PDF 5 MB
- AEG Victoria Park - Supporting Doc 1, item 3.2 PDF 44 KB
- AEG Victoria Park - Supporting Doc 2, item 3.2 PDF 71 KB
- AEG Victoria Park - Supporting Doc 3 v1_Redacted, item 3.2 PDF 160 KB