Agenda item

Report of the Executive Director Supporting Communities.

This is an application for a Temporary Event Notice under section 100 of the Licensing Act 2003.

Reasons for urgency

Under the Licensing Act 2003, a standard temporary event notice may be submitted to the Licensing Authority and Police and Environmental Health responsible authorities no less than 10 working days prior to the first day on which the event takes place. Within 3 working days, the Police and Environmental Health responsible authorities may make an objection notice against the temporary event notice, and a panel hearing must then be held within 7 working days beginning with the day after the end of the period within which an objection notice may be given. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a Temporary Event Notice (TEN) under Section 100 of the Licensing Act 2003.

The Licensing Officer summarised the report.

Lee Perella, Environmental Health responsible authority, summarised their objection notice. Setting out their case, the following points were made in addition to the objection notice:

-       The objection was in relation to the cumulative impact of multiple events at the Brunswick Centre on local residents. Two households had made complaints about past events. The area was a mixed commercial and residential area, with 400 flats in the immediate vicinity.

-       To provide balance, Lee Perella explained that the local Tenants and Residents Association (TRA) supported the event, and secondly, the Housing Officer said that no complaints had been made to their team about previous events. Residents who made the complaints would not engage with the Applicant. Environmental Health recognised the proposed event’s positive impact for the community. The event was a free to attend family event and supported charities.

-       Environmental Health wanted to see better communications about scheduled events from the organiser to local residents. Suggestions of improvements had been made to the Applicant. Environmental Health listed 10 conditions they would think would minimise the impact of the TENs on local residents.

In response to questions, Lee Perella clarified and outlined the following points:

-       The two complainant households did not allow Environmental Health to assess their homes to assess the noise issues. Environmental Health visited the area during events to assess the area, without the invite of the complainant.

-       Environmental Health had communicated with the organiser to discuss how to manage the issues at events, but had not suggested formal conditions prior to the hearing.

Councillor Apak confirmed to the Panel meeting that he was familiar with the local TRA in his role as the Cabinet Member for Better Homes. He confirmed that he had not discussed the application with the TRA. Councillor Apak stated that this TRA had a mix of tenants and was active in their activities.

Mark Browning, legal representative to the Applicant, summarised the application. Also in attendance was David Smith (Applicant), John Themis (Events and Marketing Manager LIL) and Louise Perry (MD Chickenshed). Setting out their case, the following points were made in addition to the papers:

-       Th Applicant had recognised Environmental Health’s comments and input which had been taken on board and a number of improved systems had been implemented. For example:

o   a dedicated line for residents to call the Brunswick Centre’s manager who had direct access to the sound system. In a previous event the phone line had issues, which had now been resolved.

o   In future TEN applications there would be more detail on the timings of the event. The Applicant would inform the TRA alongside the application.

o   Provide an annual diary of events.

o   Provide details of rehearsal times.

o   The noise levels were already monitored and there was a dedicated sound engineer who produced a full sound report and reading at different location of the premises. The sound engineer was aware of sensitive locations across the premises.

-       On average three events were organised per year and did not run late in to the evening.

-       The organisers liaised robustly with the TRA and had regular meetings with the Brunswick Centre management.

-       The organisers did not know who the residents were who made past complaints and they were unable to engage with them to find a solution. The organisers wanted to work with local residents and work on any aspects of the events causing issues, even providing an alternative space, the Brunswick Centre officers, for the residents to occupy whilst the event was taking place.

-       Charities hugely benefited from these events. Chickenshed was a theatre company which celebrated diversity, inclusion and positive change for young people. The performances helped the confidence of young people. As the event would be free and outside, young people from all backgrounds were able to attend and benefit and share experiences with other young people.

-       There would be many benefits to the local community of holding the event, including:

o   Raising money for local charities and hospitals, who were in need of additional funding sources during the cost-of-living crisis.

o   The shops at the Brunswick Centre would benefit from increased footfall.

o   The TRA supported the family friendly Christmas event and had asked Environmental Health to withdraw their objection notice.

o   Children would be given free Christmas treats.

In response to a Panel request, the Applicant confirmed they would send invites for the event to children at Great Ormand Street Hospital.

In their closing remarks, Lee Perella stated that the objection notice was to raise awareness to the organiser and install best practice for this and future events.

In their closing remarks, Mark Browning stated that the organiser had incorporated Environmental Health’s advice into their corporate plan.

Decision and Reasons

In their deliberations, Panel Members stated they were confident having heard the case from both parties that the Applicant would promote the licensing objectives if granted the temporary event notice as applied for. The Applicant had set out how they had already incorporated advice from Environmental Health into their operation and how they would mitigate the risk of public nuisance when the event would take place. The Applicant demonstrated their ability to engage with the Council and willingness improve their practices.

Panel Members praised the plans for the event, which had support from local resident associations. The event was accessible, free for anyone who wanted to attend, which was clearly a benefit to the community, particularly during the cost-of-living crisis.

RESOLVED –

THAT a temporary event notice be granted for:

a)    Date of Event: Thursday, 16th November 2023

b)    Times for Event: 16:30 – 19:00

c)    Licensable Activity: i. Regulated Entertainment

d)    Maximum number of people: 475