Agenda item

Representation in respect of the application made by Mr Kieran Clancy for a new Premises Licence, forNaked City Jazz Festival Beckenham Place Park Beckenham Hill Road BR3 5BS.

In the matter of the application for a new Premises Licence, the Committee has considered the relevant representations made.

The Committee has made the following determination:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for a new premises licence was AGREED and the following conditions added to the premises licence:

A         General

The Premises Licence holder will notify the Licensing Authority and all Responsible Authorities of each year’s proposals at least six months prior to that year’s Event.

Permission to use the land in the attached plan must be agreed with the London Borough of Lewisham in advance of the vent in order to exercise this License.

Full and detailed consultation will be undertaken by the Premises Licence holder with each of the Responsible Authorities and those persons/organisations referred to in the Event Safety Guide issued by the Health & Safety Executive. This consultation will take place through multi-agency or Safety Advisory Group meetings in the lead up to the Event and during the Event itself.

The first draft of the Event Management Plan, including a detailed plan of the Site, will be submitted to the Licensing Authority and the Responsible Authorities and other members of the multi-agency or Safety Group for consideration at least three months prior to the relevant Event.

An Event Management Plan containing detail appropriate to each year’s Event will be produced and implemented in consultation with and with the agreement of the Responsible Authorities through the multi-agency or Safety Group meetings.

For each Event, the Premises Licence holder will produce a final Event Management Plan (including the plan of the Site) which must be agreed by the Licensing Authority prior to the relevant Event taking place.

A debrief meeting will be undertaken after each Event to include all Responsible Authorities and other relevant agencies involved with the Event.

The nominated Event Organiser from the Premises Licence holder will be in overall charge of the Event and he/she or his/her nominated deputy shall be available on the Licensed Site throughout the Event. 

The Premises Licence holder will include in the Event Management Plan details of the management team, including contractors, and their responsibilities. Details of communication systems (e.g. radio, telephones, etc) will be provided in the Event Management Plan.

Authorised officers of the Licensing Authority and the Responsible Authorities who are in the course of their duties will be given access to all parts of the Licensed Site for the purposes of monitoring and enforcing the observance of any Conditions imposed and any other relevant legislation.

The Premises Licence holder will ensure that arrangements are made to provide information to persons attending the Event to include transport, access and egress arrangements, dealing with lost and found persons and property, emergency services, promoting responsible drinking and taking care of their hearing.

B         The Prevention of Crime and Disorder

The Premises Licence holder will appoint to the satisfaction of the Licensing Authority a competent security/stewarding provider.

The Premises Licence holder will consult with the Metropolitan Police and request Special Police Services at each year’s Event if agreed necessary. If the Metropolitan Police are unable or unwilling to provide Special Police Services requested by the Premises Licence holder, then the Premises Licence holder may provide additional security/stewarding resources to ensure the safety of all attendees.

The Premises Licence holder will, and will ensure that its security/stewarding provider will, co-operate with the Metropolitan Police in the drawing up of operational plans.

The Premises Licence holder will supply a Crime Reduction Policy for each Event, which will be included in the Event Management Plan.

A full Security/Stewarding Plan will be produced and contained within the Event Management Plan for each Event. All security/stewards will be easily identifiable, have the appropriate training and where appropriate, hold licences for their respective duties.  The Plan will include details of numbers and deployment of security/stewards. A register will be maintained of all stewards/security staff.

The Alcohol Management Plan will be produced and contained in the Event Management Plan and will set out procedures to minimise any contribution to crime and disorder arising from the consumption of alcohol.

All drinks will be served in either plastic bottles or collapsible cups in the public arena area.

An Illegal Substances Policy and Management Plan will be produced for each year’s Event and be contained in the Event Management Plan.

C         Public Safety

For each Event, the Premises Licence holder will appoint a health and safety consultant and provide a detailed Risk Assessment for all activities at the Site.  The Risk Assessment will be incorporated into the Event Management Plan.

For each Event, the Premises Licence holder will provide an Emergency Action Plan, which will provide appropriate plans to react to both major and minor incidents. Such Plan shall be approved by the Licensing Authority and Responsible Authorities and form part of the Event Management Plan.

Capacity and Entry Control

The Licensed Site capacity and attendance for the Event will not exceed 7,000, which number includes the paying audience and guests but not staff or artistes.

The Premises Licence holder will make adequate provisions for monitoring and controlling the number of persons on the Licensed Site. 

The occupancy of all temporary structures within the Licensed Site will be continuously monitored and the capacities agreed with the Responsible Authorities will not be exceeded.

Appropriate arrangements by way of fencing, gate systems and security will be made in agreement with the Responsible Authorities to prevent unauthorised access to the Site.

If the Event fails to sell out in advance, tickets may be sold from the Licensed Site.  The On Site Box Office Operational Procedure will be detailed within the Event Management Plan.

Entrances and exits to the Licensed Area, including roadways, pedestrian routes and emergency vehicle routes will be kept clear at all times. 

Lighting and Electrical Installations

Entrances and exits to the Licensed Area, including roadways, pedestrian routes and emergency vehicle routes will be adequately illuminated during periods of darkness.

Adequate lighting levels will be maintained within temporary structures.

Fire Safety

Suitable and sufficient firefighting provision will be provided and maintained on the Site throughout the duration of each Event to the satisfaction of the Fire and Rescue Service.

The fire retardant characteristics of all tents, drapes, scenery etc. used on or in any temporary structures on the Site will be to the satisfaction of the Fire and Rescue Service.

The siting of vehicles, generators, tents, marquees, dressing rooms, etc. shall be arranged to as to provide fire breaks to the satisfaction of the Fire and Rescue service.

Concessions and traders with cooking facilities shall be positioned and spaced to the satisfaction of the Fire and Rescue Service.

No pyrotechnics, flame effects or fireworks are to be used without the consent of the Licensing Authority.

Medical and First Aid Provision

The Premises Licence holder will appoint a suitably competent organisation to manage and provide suitably manned and equipped medical/first aid facilities on Site to the satisfaction of the Responsible Authorities. 

Sanitary Provisions

The Premises Licence holder will ensure that sufficient sanitary provision is provided to levels of at least those recommended in the Event Safety Guide issued by the Health & Safety Executive. 

Each year the Premises Licence holder will provide a plan, incorporated in the Event Management Plan, providing details of the provision, cleaning and maintenance of sanitary accommodation and washing facilities.

Drinking Water

Free drinking water will be provided within the Site at locations agreed with the Responsible Authorities.

Staging and Structures

The Premises Licence holder shall take all reasonable steps to ensure that any enclosed temporary structure providing entertainment is not overcrowded.

Full structural design details and calculation of all structures within the Licensed Area will be submitted each year as part of the Event Management Plan.

Appropriate barriers will be installed front of stage to the satisfaction of the Responsible Authorities.

The Premises Licence holder will ensure that its contractors are made aware of their responsibilities for ensuring that structures are safe and fit for their intended purpose, for ensuring safe working practices and for providing method statements and risk assessments.

All temporary structures must be signed off as fit for use by a competent, qualified person.

Vehicle Movement

Vehicle movements whilst the public are on the Licensed Site will be limited to those which are essential and will be controlled to ensure safety of the public.

Disabled Persons

The Premises Licence holder will ensure that the arrangements and special provisions for disabled persons, namely access and egress routes, car parking, sanitation facilities and viewing areas as agreed with the Responsible Authorities are provided and maintained for the duration of the event.

Refreshment and Trading Facilities

The Premises Licence holder will supply licence details of all food vendors and traders in advance of the Event to the Licensing Authority.

No glass containers will be sold or distributed on the Licensed Site, save glass bottles may be used in the backstage, VIP guest area, provided controlled measures are put in place so as not to allow glass to be taken into the main public areas.

D         Prevention of Public Nuisance

Noise Control

The Premises Licence holder will take all reasonable steps to prevent persons in the neighbourhood being unreasonably disturbed by the Event.

The Premises Licence holder will employ a competent noise control consultant to produce a Noise Management Plan prior to each year’s Event for the approval of the Licensing Authority and a Noise Control Report following each Event.

On each Event day, the noise control consultant will continuously monitor noise levels, both on Site and off Site, at agreed monitoring positions, throughout the period that Regulated Entertainment is provided and liaise with the relevant Responsible Authority. Sound check times, show times and details of noise monitoring procedures will be included in the Noise Management Plan. The agreed Noise Management Plan will be incorporated into the Event Management Plan.

Transport Management

A Transport Management Plan (“TMP”) will be prepared in consultation with the Metropolitan Police and other relevant Responsible Authorities to ensure emergency services access and egress routes are maintained and to minimise unreasonable disruption to local residents.  The TMP will form part of the Event Management Plan.

The TMP will set out details of any planned road closures and parking restrictions in the surrounding area.

The TMP will provide details of public transport available to festivalgoers to provide transport links to the Site on each day of the Event.  It will also provide details for the dispersal of festivalgoers from the Site to public transport links on each day of the Event. 

Local Residents Liaison

The Premises Licence holder will set up a publicised meeting each year with local residents prior to the relevant Event to discuss the plans for the Event and receive residents’ representations.

The Premises Licence holder will set up a publicised meeting each year with local residents after the relevant Event to receive residents’ representations.

Environmental Issues

The Premises Licence holder will appoint a litter management company.  A Litter Management Plan will be produced to include details of the plan for the collection of litter during and after the licensed Event. The agreed Litter Management Plan will be incorporated into the Event Management Plan.

The Premises Licence holder will make arrangements for a dedicated telephone line to be made available and manned for the receipt of any complaints from the general public whilst the Event is in operation. The telephone number will be publicised locally and all complaints recorded, full details of all calls received will be provided to the Licensing Authority and/or Responsible Authorities upon request.

E.         The Protection of Children from Harm

All information given out in advance will say that no one under the age of 16 should attend the Event unless accompanied by an adult.

The Alcohol Management Plan, which forms part of the Event Management Plan, will address the measures that will be taken to dissuade and prevent persons under the age of 18 from buying, attempting to buy, or attempting to secure the supply of alcohol during the Event.

A Challenge 21 policy will be operated at each Event whereby persons who appear to be under the age of 21 are challenged to produce ID to prove their age.

Appropriate signage will be in place warning of any age restrictions with regard to the showing of films.

Welfare

The Premises Licence holder will appoint a company with expertise in welfare at large scale outdoor events and will create a welfare area within the Licensed Site.

The Premises Licence holder will provide a welfare policy for each Event dealing with lost and found persons, including children, and the provision of information to persons attending the Event.

A draft event management plan to be sent out for consultation to all registered interested parties at least three months prior to the event.

The final event management plan to be confirmed and approved by the Events Safety Advisory Group (ESAG) before commencement of each event.

In coming to a determination, the following factors were taken into account; 

1.            Members of the Committee considered the representations made by local residents. They had concerns regarding anti-social behaviour following the sale of alcohol, access to the park and the safety of children.

2.            Members noted residents’ concerns regarding large numbers of people attracted to a mainly residential amenity. A late finish could also put a strain on local transport infrastructure.

3.            Part of residents’ objections had been redacted by licensing officers because they were not considered to relate to the four licensing objectives. Residents attending the meeting did not agree and in the interests of fairness and proportionality, members agreed to read all of the objections and give the weight they considered appropriate to these objections.

4.            Members also noted that both parties had a different interpretation regarding the enjoyment of a park. Residents consider the enjoyment of nature a priority; the applicant expected up to 7000 people to enjoy music in a natural setting.

5.            Members of the Committee considered a presentation made by the applicant. Naked City is a company experienced in producing large scale, high profile music events in London for 10 years.

6.            Members of the Committee noted that policy documents had been produced and presented to the Events Safety Advisory Group. These documents outline the proposed management for the event, for noise, waste management and the responsible sale of alcohol.

7.            Members noted that the applicant agreed to all the conditions proposed by licensing officers and the Police.

8.         Members noted that there had not been any complaints made by relevant authorities and it was agreed that the granting of this application would not put the four licensing objectives at risk.

RESOLVED that the minutes of the meeting of the Licensing Committee held on 7 May 2019 be confirmed and signed.