Agenda item

The informed the meeting that the temporary event notices would be heard together, as the related to events at premises that were adjacent to each other.

The licensing officer presented their report.  Members had questions for the licensing officer.

The premises users addressed the sub-committee.  Members had questions for the premises users.

The environmental protection officer addressed the sub-committee.  Members had questions for the environmental protection officer.

All parties were given five minutes for summing up.

The meeting adjourned at 4.17pm for the members to consider their decision.

The meeting resumed at 4.25pm and the legal officer read out the decisions of the sub-committee.

RESOLVED

That a counter notice not be issued under Section 105 of the Licensing Act 2003 in respect of the temporary event notice (TEN 860030) given by, Lori Wilson, the premises user, in respect of an event to be held at 133 Copeland Road, London, SE15 3SN (Copeland Gallery) on 15 September 2017 from 18:00 to 02:00, 16 September 2017 from 12:00 to 02:00 and 17 September 2017 from 12:00 to 00:00.

That a counter notice not be issued under Section 105 of the Licensing Act 2003 in respect of the temporary event notice (860028) served by Kelly Stewart in relation to an event to be held at 133 Copeland Road, London, SE15 3SN (Copeland Square) on 15 September from 17:00 to 22:00 and on 16 and 17 September 2017 from 12:00 to 22:00.

Reasons

The licensing sub-committee heard evidence from the premises users who advised that the temporary event notice(s) were sought to cover the Peckham Festival which was a four day event that showcases the best Peckham has to offer from music performances to film screenings, workshops, walks and talks that would reflect the area’s broad population. The event was 100% non-profit and all proceeds will be fed directly into the running of the festival. They advised that The London Borough of Southwark were a sponsor of the overall event.  The premises user accepted that the event had been very carefully planned over the previous nine months and both a premises licence application and a time limited premises licence application had been submitted.  Both of these had their consultation period put back, due to deficiencies in the notices displayed in/around the premises and as a result of the defects,  there was now insufficient time to carry out full consultation and hold a licensing sub-committee if there were any objections.  The premises users highlighted that the 2016 Peckham Festival saw 13,000 visitors and no incidents of crime and disorder being reported.

The licensing sub-committee heard evidence from the environmental protection officer who advised that an objection notice had been issued by the environmental protection team as the temporary event formed part of the Peckham Festival on the grounds of the prevention of public nuisance objective: TENs number 860028 and 860030 indicated that there would be an attendance of 996 and the Peckham Festival in 2016 saw an overall attendance of approximately 13,000.  The premises users acknowledged that the most appropriate way of authorising licenceable activities would be by way of a premises licence or a time limited premises licence. In the current format, there would be more than 499 people in the audience for outdoor entertainment on Copeland Square and therefore likely that licensing offences would be committed.  The TENs are requested to authorise activities in respect of one event, The Peckham Festival. The premises user’s proposals were to artificially divide the area into smaller plots of 499 people each as a device to avoid the need for a premises licence, which would prevent public consultation taking place.  A capacity of over 499 would increase the risk of public nuisance. 

The officer from the environmental protection team referred to the House of Lords Select Committee report on the Licensing Act 2003 on the issue of multiple TENs in which the Select Committee advised at paragraph 354 that if the multiple TENs resulted in an attendance of exceeding the 499 person limit, the police or environmental health officersshould issue an objection notice and allow a licensing sub-committee to make a decision, and recommended that the Section182 Guidancebe amended. 

In the licensing sub-committee’s decision of 27 June 2017 relating to beer festival at these premises, the premises user was directed that any multiple TENs utilised in a similar manner should be decided by a licensing sub-committee and in future, events of this nature and number must be made by time limited premises licence application.  The premises user stated that they have been planning this event over the previous nine months yet and indeed, considered applying for a premises licence following the conclusion of the 2016 event, yet they did not submit the premises licence applications until June 2017.  This meant that there would always be an extremely tight timetable for consultation and any licensing sub-committee to consider the application(s). The premises user has been somewhat presumptuous in not factoring in any potential problems in their licensing applications(s) and still expect a licence to be in place.  In their defence, the premises user stated that there had been close working with the regeneration team concerning the event and the licensing of it under the Licensing Act 2003. 

This licensing sub-committee have had sight of email correspondence between the Head of Regeneration (South) and the licensing team which provides “Peckham Festival is arranged for 15, 16 ad 17 September. The events, part funded by the council, are centred on Copeland Park and the Bussey Building. The site owners have spoken to [licensing] who advised that there would not be time to get a time limited premises licence in place.  Their only alternative would be TENs which limit numbers.  Given the profile for the event and the wide community support, is there a way of enabling the time limited premises licence to be in place on time?” 

The regeneration team does not have any remit to advise on any licensing matters.  Section 7 of the Act provides a strict scheme of delegation of the authorities licensing functions.  This is reflected in section 4 of Southwark’s statement of licensing policy (2016-2020).  As a quasi judicial process, no function of the Licensing Act 2003 may be delegated to the contrary and a request to circumvent the strict process detailed within the Act would make that the issue of such a licence would be requesting the council to act ultra vires.

Any event the size of the Peckham Festival of 13,000 (being the figure provided by the premises user for the 2016 event) needs to produce an event management plan which must be provided to, and will be subject to scrutiny by Southwark Council’s events manager or representative, and the borough’s Safety Advisory Group (SAG). Notwithstanding this, Southwark’s outdoor events policy (May 2013)provides that event organisers are responsible for ensuring that all required permissions and licences are acquired in “an appropriate and timely manner”.

The premises user should be under no illusion that a counter notice will be considered if TENs of a similar nature come before the licensing sub-committee again, having ignored previous advice and the correct processes detailed in the Act, associated guidance and Southwark’s statement of licensing policy.

In reaching this decision the licensing sub-committee considered all of the oral and written representations before having had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights

Where the relevant counter notice under Section 105(3) is given the premises user may appeal against the decision.  Where counter notice is not given, the chief officer of the environmental protection team may appeal against that decision.  The appeal must be made to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the licensing authority of the decision to be appealed against.  No appeal may be brought later than five working days before the day on which the event begins.