Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

The applicant and their legal representative addressed the sub-committee.  Members had questions for the applicant and their legal representative.

 

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

 

Both parties were given five minutes for summing up.

 

The meeting adjourned at 11.45am for the members to consider their decision.

 

The meeting resumed at 12.20am..

 

The chair advised all parties of the sub-committee’s decision.

 

RESOLVED:

 

That the application made by Elephant Park Estate Management Company Limited for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Elephant Park, Elephant Road, London SE17 1UB is granted as follows:

 

The provision of regulated entertainment in the form of films (both indoors and outdoors)	Monday to Sunday from 09:00 to 22:30
The provision of regulated entertainment in the form of live and recorded music, plays, performances of dance and anything of a similar description (both indoors and outdoors)	Monday to Sunday from 09:00 to 22:30
Opening Hours	Monday to Sunday from 07:30 to 00:00 (midnight)

 

Conditions

 

1.  That the maximum capacity of the premises shall not exceed 1500 persons (not including staff and performers)

 

2.  That for each event where licensable activities are taking place, a risk assessment shall be undertaken to assess the need for:

 

a)  SIA registered door supervisors;

b)  a noise impact assessment;

c)  Emergency evacuation procedures.

 

3.  That litter shall be collected and removed from the site as soon as practicably possible after all events

 

4.  That the licensee shall ensure that external operators providing licensable activities at the premises are issued with an agreement for use of the premises, or part thereof. This agreement shall include the conditions attached to the premises licence.

 

5.  That where the number of persons predicted to attend the event (excluding security, staff, performers and employees) exceeds 499, unless otherwise agreed with the Environmental Health Team, the licence holder shall produce:

 

a)  A Noise Management Action Plan detailing control measures for anything associated with the event for example (but not necessarily limited to) amplified sound levels at source and the facades of residential properties likely to be affected, stage erection / dismantling times, generator locations and operating levels / times, vehicle movements for each event / function;

 

b)  The Noise Management Action Plan shall be implemented and adhered to prior to and during the event

 

6.  That the event organiser or security representatives thereof shall make regular patrols at no less than hourly intervals around the perimeter of the premises when regulated entertainment is taking place. Noise levels shall be adjusted to ensure local residents are not disturbed by excessive noise break out.

 

7.  That all stewards and SIA registered door supervisors must be readily identifiable when working at the venue.

 

8.  That when SIA registered door supervisors or security staff are to be employed, they will be employed in a minimum ratio of 1 per 250 customers.

 

9.  That notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

10.  That no sound emanating from regulated entertainment shall be audible a metre from the façade of the nearest noise sensitive premises between 2300 and 0700 hours.

 

11.  That an incident record shall be maintained by the park management company that details incidents that occur in or in the immediate vicinity of the premises. This shall include any incidents of disorder, seizures of drugs or offensive weapons, any faults in the CCTV system, and ejections from the premises as a minimum.

 

12.  That the incident record shall be kept on the premises and be available for inspection by the police or an authorised officer of the Licensing Authority at all times the premises is open.

 

13.  That a telephone number for the premises, or a responsible member of staff on duty, shall be displayed so that it is visible from the public highway for members of the public to lodge complaints.

14.  That deliveries and collections (including refuse and / or recycling collections) associated with the premises shall be arranged between the hours of 08:00 to 22:00 only. Empty bottles and non-degradable refuse shall remain in the premises at the end of trading hours and will not be taken out to the refuse point between the hours of 22:00 and 08:00.

 

15.  That the licence holder shall take all reasonable steps to ensure that there is no unauthorised advertising of events to be held at the premises.

 

Reasons

 

The reasons for this decision are that the licensing sub-committee are satisfied that the proposed conditions promote the licensing objectives.

 

In relation to the prevention of public nuisance, the sub-committee were satisfied that due to the nature of the most of the events as described by the applicant, the conditions would ensure acceptable levels of noise. When considering the other licencing objectives, the committee felt that the conditions relating to risk assessment, security and safety would ensure that the park was safe for attendees. The committee were mindful that at any time people are free to bring alcohol onto the site because it is a public park.

 

The licensing sub-committee heard from the representative for the applicant who advised that the purpose of park was to run free and largely low-key and community based events. The applicant under temporary event notices had previously laid on many similar events at the park where no noise complaints were made by anyone including nearby residents. The Applicant relied on an expert noise assessment report which stated that the maximum level of noise would be expected to be 75db 5 metres from the stage. The licensing sub-committee also watched a short video provided by the applicant which showed events likely to take place at the park under the licence and the expected noise they would cause. The applicant took the licensing sub-committee through a number of the proposed conditions which were said to promote the licensing objectives.

 

The licensing sub-committee heard from the environmental protection team officer, who had made representations in respect of the application. They informed the sub-committee that the park was located in a sensitive residential area and doubted whether the licensed activities could realistically, or at least enjoyably, be undertaken within the noise limits contained within the expert noise assessment. They also stated that the noise from the people at these events will add to that being caused by the licensed activities and also the duration of the noise should be borne in mind.

 

The licensing sub-committee considered all of the oral and written representations before it.

 

It also had regard to all relevant considerations (including local and national policy), the four licensing objectives and was mindful that the decision must be appropriate, proportionate, and justified on the evidence before it.

 

Appeal rights

 

The applicant may appeal against any decision:

 

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

 

Any person who made relevant representations in relation to the application who desire to contend that:

 

a)  The licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

 

may appeal against the decision.

 

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.