Agenda item

Report of Executive Director Supporting Communities

 

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

Consideration was given to a report of the Executive Director Supporting Communities that was summarised by the Licensing Officer.

 

The Interested Parties speaking at the meeting were local residents, a local business representative, members of the Russell Square Management Group and friends of St Georges Garden, David Marchant, Robert Osborne. Who summarised their written representations and concerns about the application with the following points:

 

·         That there were  legal permissions that would be required from the Russell Square Commission before the event could go ahead  and that consent from the commission would not be forthcoming

·         That the application had been submitted prematurely ahead of all the agreements that needed to be in place

·         A number of local residential groups had not been consulted and were opposed to this event taking place

·         There needed to be a clear and transparent process for managing parks and open spaces that provided clear guidelines for applicants

·         There had been a lack of consultation and local accountability and the application had come before the Panel before all matters were in place

·         There was a risk of harm and damage to the square that would make it unusable and exclude residents and local regular users of enjoying and using the space

·         There would be a long 3 month period of restoring the space after the event to make it suitable for other users

·         What, if any, assessment of public order issues or nuisance had been carried out?  

·         There would be overwhelming numbers of people coming into the local area with associated security issues. The lack of policing in the area had not been taken into consideration

 

In response to question the Panel was told that:

·         There needed to be policy in place for openness and transparency in this process. There had been very little information to local people about the application 

·         Repairs to Hyde Park after their summer festivals took 3 months, not being able to use Russell Square for 25% of the year was unacceptable 

The Applicant was represented Robert Sutherland solicitor, Niall Forde licensing agent and Adrian Studd Event consultant. They provided the following information about the background to the application and the experience of the event organisers: 

 

·         The Evening Standard held 30 live events each year that had included London Food Month, a night market and other large events. The application for Russell Square would be part of the Love London event in 2019 and one of Camden’s arts and culture events    

·        The applicant had agreed a number of conditions to address points raised about possible nuisance, noise. Taken as a whole, all the measures  proposed and agreed to should provide some reassurance to residents       

·        The applicant would take specific measure to address issues of crime and disorder and would put in place checks to ensure that the event was properly run   

·        Residents should be assured that security for the site would be of a good standard and carried out by an experienced Designated Premises Supervisor and security staff

·        The Panel was also told about the experience of the operator organising large scale events. This included park based events such as Brighton Pride and event in London in Soho Square, Regents Street and Trafalgar Square

·        The event would be organised to comply with the conditions and to ensure that licensing objectives were complied with 

·        Noise would be managed, the performer events on each stage would be programmed so that they were not competing against each other to avoid causing noise nuisance. For the set up and take down, there will be no noise outside of the normal working day

·        It was important to the applicant to make good the square after the event and there would be ongoing discussions with Camden about how that would be achieved  

·        This licence was just one part of the arrangements that would need to be in place for the event. There were further discussions to be had and agreements to be reached that were separate to the licensable activities within the remit of the licensing panel        

 

In response to questions the Panel was told that:

 

·         There would be approximately 4,500 people present in the square, it was usual to have more people than that visiting a festival. People would be mostly watching a stage, across 3 entertainment zones, with some additional capacity for a people to circulate and move around the square

·         Procedures would be in place to safely manage access and egress of the site to transport links and to keep surrounding pavements clear. There would be health, safety and evacuation measure applied to the area. Including an over provision of toilets on the square

·         The performers at the festival would be examples of the range of talent that London has to offer 

 

Final comments -

 

The interested parties summed up their concerns about the application being submitted without the necessary agreements being in place, that the square would be destroyed and that the event was not for the benefit of people who regularly used the space. They would not be able to use the space for the whole of the summer. 

 

The applicant summarised by saying that this application was part of the early preparation for planning the festival and that a licence for the site was a key part of arrangements for the event. This stage was an important part of the process and would be key to whether to go ahead with the event at all. The applicant had agreed to a large number of conditions and would ensure that they would be complied with. The Panel was urged to grant the licence. 

 

There was a brief Part II adjournment, where the panel asked for legal advice regarding use of gardens and public open spaces.    

 

Decision and Reasons

 

a)    In their deliberations the Panel considered the two licensing objectives engaged by the application and the objections to the application. Members noted that there was a great deal of planning to be completed for this event that was outside of the remit of licensing and that they could only concern themselves with licensing matters. The Panel noted that the Police Responsible Authority had withdrawn their representations following the applicant’s agreement to an extensive list of conditions. The Panel was reassured by the Police withdrawal of written representations because of their specific expertise with this type of event. They agreed that the licence should be granted and that the conditions below would uphold the  prevention of crime and disorder and the prevention of public nuisance

                 licensing objectives.          

 

 

RESOLVED

 

That the application be granted and that the following conditions would apply

 

a)    Supply of Alcohol (for consumption on the premises)

     12:00 - 21:30 Monday to Friday

      11:00 - 21:30 Saturday to Sunday

 

b)    Plays

c)    Films

d)    Live Music

e)    Recorded Music

f)     Performance of Dance

12:00 – 21:45 Monday to Friday

11:00 – 21:30 Saturday to Sunday 

 

g)    Opening hours

12:00 - 22:00 Monday to Thursday

11:00 – 22:00 Friday to Sunday  

 

 

Summary of Conditions Consistent with the operating Schedule

 

1.    A temporary CCTV system will be in place at the premises at locations agreed with the Police Licensing Team.

 

2.    The CCTV system will comply with the following criteria.

 

A)   The Premises Licence holder shall ensure that the system is checked to ensure that it is working properly and that the date and time are correct.

B)   A record of these checks, showing the date and name of the person checking, will be kept and made available to the police or other authorised officer on request.

C)   The Police shall be informed if the system is not operating at the event and for any reason.

D)   The system will record in real time and recordings will be date and time stamped.

E)   At all times during operating hours, there will be at least 1 member of staff on the premises who can operate the system sufficiently to allow Police or authorised Council officers to view footage on request.

F)   Recording s will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to the Police or other authorised officers on request(subject to the Data Protection Act 1998 ) within 24  hours of any request.

 

3.    In the event that Crime or serious disorder is or appears to have been committed on the premises, the management will immediately ensure that:

a)    The police and, where appropriate the London Ambulance service are called immediately.

b)    As far as is safe and reasonably practicable, all measures will be taken to apprehend any identified suspects pending the arrival of the Police.

 

c)    As far as is safe and reasonably practicable, all measures will be taken to preserve any identified crime scene pending the arrival of the Police.

 

d)    Any and all appropriate measures are taken to fully protect the safety of all persons present on the premises at all times during the operating hours,

 

4.    An incident log shall be kept at the premises, and made available on request to the police or an authorised officer, which will record:

a)    Any and all allegations of crime or disorder reported at the venue

b)    Any and all complaints received by any party

c)    Any faults in the CCTV system

d)    Any visit by a relevant authority or emergency service

e)    Any and all ejections of patrons

f)     Any and all seizures of drugs or offensive weapons

g)    Any refusal of the sale of alcohol.

 

5.    The Premises will employ a proof of age policy, Challenge 25 and all staff engaged in the sale of alcohol will be fully trained in its content, only approved forms of photographic ID (IE passport or UK driving licence) will be accepted.

 

6.    To manage the noise from this event we are proposing the following measures are undertaken before and during the event.

 

a)    Detailed noise modelling is undertaken during the design and planning stage to highlight any improvements to site layout or sound system design before the final plans are complete and build commences.

b)    Sound propagation tests are carried out on the day before the event opens to take noise measurements at the nearest noise sensitive premises and calculate maximum on site sound levels to minimise any disturbance to local residents.

c)    Install continuous noise monitoring systems on each stage so that the sound engineers can monitor the sound levels and not exceed the calculated maximum noise levels on site.

d)    Undertake regular off site noise monitoring throughout the event to ensure that noise levels are still within an agreed sound level to not cause a disturbance. The regularity of these will be agreed with the Camden Council.

e)    Provide a local residents hotline so that any complaints (including noise) can be registered quickly and easily with the event management team with a view to rectifying them as quickly as possible.

f)     Carry out noise complaint investigations by attending the affected area to take noise measurements and adjusting on site sound levels accordingly, if necessary.

g)    Site lighting shall be directed away from residential properties.

h)    Develop a Dispersal Policy to control noise coming from the venue, including people noise, and to control noise from customers either congregating outside or leaving the area.

 

7.    The noise Management and Dispersal Policy shall be agreed with the Council’s Environmental Health Team and be reviewed and revised periodically or after incidences to ensure that public nuisance is prevented from occurring.

 

8.    The Licence holder shall employ specialised event security for the event, containing full details of the number of SIA Security, hours and roles at the event shall be specified in a separately produced crowd management plan. This plan shall be submitted to the Licensing Police and Council’s Licensing Team for approval prior approval.

 

9.    No alcohol shall be permitted to be taken from the event site.

 

10. A detailed Event management Plan shall be produced which outlines all the safety and emergency procedures for the events held in the Park.

 

11. The Licence holder shall produce a risk assessment in line with the requirements of the Purple guide and other associated best practice guides, this risk assessment including a site plan submitted to appropriate scale shall be submitted to the Council’s Safety  Advisory Group for approval prior to the licence taking effect.

 

12. All stewards and SIA registered door supervisors must be clearly identifiable when working at the venue.

 

13. A personal licence holder shall be on the premises at all times that alcohol is available for sale.

 

14. Where persons under the age of 16 are permitted at any time a “Lost Children” policy shall be in place, this policy shall be incorporated into the even management plan produced for approval at the Council Safety Advisory Group.

 

15. All persons under the age of 16 must be accompanied by a responsible adult.

 

16. The Licence holder shall permit unrestricted access to Café Tropea at all times.

 

17. To permit the premises to be used for 10 consecutive days in June or July in any subsequent year from 2020 within 6 months written notice to the Council Event Team and approval by all the appropriate authorities.

 

 

Conditions agreed with the Police responsible authority

1. A minimum of 6 SIA trained security officers & stewards shall be put in place at key points round the site throughout the hours of operation.
2. All stewards and SIA registered door supervisors must be clearly identifiable when working at the venue.
3. Targeted searches shall be carried out by SIA security staff of people entering or re-entering the licensed area; signs shall be displayed at the entrances to notifying customers of this policy, including the 100% searching of all large bags coming into the event.  All searches are to be conducted by authorised door staff and must be carried out within an area covered by the venue’s CCTV system.
4. At least one member of SIA staff to wear body worn camera and for any incident of violence should be used to capture incident. Management of venue to ensure these cameras are working before deployment. These recording are to be made available to police on request.
5. Risk assessments shall be completed prior to the event to address any additional concerns regarding potential crime and disorder on site.
6. The number of public on site shall be monitored and reviewed at regular points throughout the day to ensure that there is no overcrowding and no risk to public safely.
7. Emergency exit routes around the park shall be kept clear at all times.
8. At least one first aider shall be on site during the hours of operation.
9. All beverages sold for consumption on site shall be served in non-glass containers, except in a dedicated champagne or artesian spirit installation. Where glass containers are used in any dedicated drinks zone, no drinks or container will be permitted outside the area at any time, and the management of these areas will be pre-agreed with the Police and Event licensing teams.
10. A phone number shall be made available at the Information Desk in Russell Square to local residents who are concerned about noise levels to contact during the hours of activity.

 

11. A Challenge 25 policy will be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol and signs to this effect will be displayed at the premises. The only acceptable forms of identity will be those with photographic identification documents recognised in the Home Office guidance; including passports, photo-card driving licence or proof of age card bearing the PASS hologram.
12. Police must be called to incidents of violence and/or disorder.
13. An incident log shall be kept at the premises, and made available on request to an authorised officer or the Police, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received

(d) any incidents of disorder and violence

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system or searching equipment or scanning equipment

(g) any refusal of the sale of alcohol to include date, time, and staff member

(h) any visit by a relevant authority or emergency service.

(i) CAD reference numbers where Police are called.

 

14. A premises licence holder shall be on the premises at all times that alcohol is available for sale

 

15. A temporary CCTV system will be in place at the premises at locations agreed with the police licensing team. At all times during operating hours there will be at least one member of staff on the premises who can operate the system sufficiently to allow police or authorised council officers to view footage on request. 
16. Recording shall be kept for a minimum of 31 days and downloaded footage will be provided to the police or authorised officers on request (subject to Data Protection Act 2018) within 24hrs of any request.
17. Cameras to be placed by the entry and exit points in order to capture clear facial images of all persons entering and or leaving the park.
18. In the event that crime or serious disorder is, or appears to have been, committed on the premises, the management will immediately ensure that:

 

19. The CCTV system will comply with the following criteria:

a.    The licensee will ensure that the system is checked to ensure that the system is working properly and that the date and time are correct.

b.    A record of these checks, showing the date and name of the person checking, will be kept and made available to the police or other authorised officer on request;

c.    The Police will be informed if the system will not be operating at the event and for any reason;

d.    The system will record in real time and recordings will be date and time stamped;

e.    At all times during operating hours, there will be at least 1 member of staff on the premises who can operate the system sufficiently to allow Police or authorised Council officers to view footage on request.

f.     Recordings will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to the police or other authorised officers on request (subject to the Data Protection Act 1998) within 24 hours of any request.

 

 

20. To manage the noise from this event we are proposing the following measures are undertaken before and during the event:

                                          i.    Detailed noise modelling is undertaken during the design and planning stage to highlight any improvements to site layout or sound system design before final plans are complete and build commences.

                                        ii.    Sound propagation tests are carried out on the day before the event opens to take noise measurements at the nearest noise sensitive premises and calculate maximum on-site sound levels to minimise any disturbance to local residents.

                                       iii.    Install continuous noise monitoring systems on each stage so that the sound engineers can monitor the sound levels and not exceed the calculated maximum noise levels on-site.

                                       iv.    Undertake regular off-site noise monitoring throughout the event to ensure that noise levels are still within an agreed sound level to not cause a disturbance. The regularity of these will be agreed with Camden Council.

                                        v.    Provide a local residents hotline so that any complaints (including noise) can be registered quickly and easily with the event management team with a view to rectifying them as quickly as possible.

                                       vi.    Carry out noise complaint investigations by attending the affected area to take noise measurements and adjusting on-site sound levels accordingly, if necessary.

                                      vii.    Site lighting shall be directed away from residential properties.

                                     viii.    Develop a Dispersal Policy to control noise coming from the venue, including people noise, and to control noise from customers either congregating outside or leaving the area.

 

21. The Noise Management and Dispersal Policy shall be agreed with the Council's Environmental Health Team and be reviewed and revised periodically or after incidences to ensure that public nuisance is prevented from occurring.

 

22. The licence holder shall employ specialised event security for the event; containing full details of the number of SIA security, hours and roles at the event shall be specified in a separately produced crowd management plan. This plan shall be submitted to the Licensing Police and Council’s Licensing Team for prior approval.

 

23. No alcohol shall be permitted to be taken from the event site.

 

24. A detailed Event Management Plan shall be produced which outlines all the safety and emergency procedures for the events held in the park.

 

25. The licence holder shall produce a risk assessment in line with the requirements of The Purple Guide and other associated best practice guides, this risk assessment including a site plan submitted to appropriate scale, shall be submitted to Council’s Safety Advisory Group for approval prior to the licence taking effect.

 

26. Where persons under the age of 16 are permitted at any time a lost children policy shall be in place, this policy shall be incorporated into the event management plan produced for approval at the Council Safety Advisory Group or an affiliate group of its members.

 

27. All persons under the age of 16 must be accompanied by a responsible adult.

 

28. The licence holder shall permit unrestricted to access to Café Tropea at all times.

 

29. To permit the premises to be used for 10 consecutive days in June or July in any subsequent year from 2020 with 6 months’ written consent to the Council Event Team and approval by all the appropriate responsible authorities.

 

 

To Note: All

Action By: Executive Director Supporting Communities