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LICENSING SUB-COMMITTEE
Date: Wednesday 1 October 2014
Time: 7.00 pm
Venue: Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW
Copies of agendas, reports, minutes and other attachments for the Council’s meetings are available on the Lambeth website. www.lambeth.gov.uk/moderngov
Members of the Committee Councillor Michelle Agdomar, Councillor Matthew Bennett, Councillor Alex Bigham, Councillor Linda Bray, Councillor Claire Holland, Councillor Jennie Mosley, Councillor Amélie Treppass, Councillor Louise Nathanson, Councillor Max Deckers Dowber and Councillor Paul Gadsby
Substitute Members Councillor Fred Cowell, Councillor Paul McGlone, Councillor Florence ESHALOMI (nee Nosegbe), Councillor Martin Tiedemann, Councillor Imogen Walker, Councillor Christopher Wellbelove, Councillor Andrew Wilson, Councillor Jane Edbrooke, Councillor Tim Briggs and Councillor Bernard Gentry
Members Required for this meeting will be: AGDOMAR, HOLLAND and BIGHAM
Further Information If you require any further information or have any queries please contact: Jacqueline Davy, Telephone: 020 7926 2167; Email: [email protected]
Members of the public are welcome to attend this meeting and the Town Hall is fully accessible. If you have any specific needs please contact Facilities Management (020 7926 1010) in advance.
Queries on reports: Please contact report authors prior to the meeting if you have questions on the reports or wish to inspect the background documents used. The contact details of the report author is shown on the front page of each report.
@LBLdemocracy on Twitter http://twitter.com/LBLdemocracy or use #Lambeth Lambeth Council – Democracy Live on Facebook http://www.facebook.com/ AGENDA
PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING
Page Nos. 1. Election of Chair
2. Declaration of Pecuniary Interests
Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.
3. Minutes 1 - 22
To approve and sign the minutes of the hearing held on 9 September 2014 as a correct record of the proceedings.
4. Licensing Applications for the Grant / Review of a Premises 23 - 28 Licence
(Report 65/14-15 and appendices)
Strategic Director, Delivery Contact: Robert Gardner, Licensing Manager, 020 7926 6122 Email: [email protected]
4a) Top Save Supermarket, 37 Westow Hill, London SE19 1TQ 29 - 50 (Gipsy Hill Ward)
4b) Events Space, Windrush Square, Brixton Road, London SW2 51 - 82 1JQ (Coldharbour Ward)
4c) Brixton Night Market, Windrush Square, Brixton Road, London 83 - 150 SW2 1JQ (Coldharbour Ward)
4d) Vauxhall Skate, Vauxhall Pleasure Gardens, London SE11 5HY 151 - 204 (Prince's Ward) Digital engagement
We encourage people to use Social Media and we normally tweet from most Council meetings. To get involved you can tweet us @LBLDemocracy.
Audio/Visual Recording of meetings
Everyone is welcome to record meetings of the Council and its Committees using whatever, non- disruptive, methods you think are suitable. If you have any questions about this please contact Democratic Services (members of the press please contact the Press Office). Please note that the Chair of the meeting has the discretion to halt any recording for a number of reasons including disruption caused by the filming or the nature of the business being conducted.
Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis.
Representation:
Ward Councillors (details via the website www.lambeth.gov.uk or phone 020 7926 2131) may be contacted at their surgeries or through Party Group offices to represent your views to the Council: (Conservatives 020 7926 2213) (Labour 020 7926 1166). HEARING PROCEDURE FOR LICENSING SUB-COMMITTEE
Full information on the procedure is sent to all parties to the hearing. The information below is a précis of that information.
Parties to the hearing must notify Licensing Services within prescribed timescales (these vary according to the type of hearing) that they intend to attend and/or be represented at the hearing and whether any witnesses will be attending on their behalf.
The hearing will operate as follows (subject to the discretion of the Chair)
In the form of a discussion led by the Committee; cross examination will not normally be permitted.
A total of 3 minutes speaking time is normally allowed for each party. Any preliminary points will be treated separately.
Where there is more than one representation raising the same or similar grounds, those parties should consider nominating a single representative to address the Sub-Committee on their behalf at the hearing.
Parties to the hearing may be permitted to ask questions of any other party or witness.
Parties to the hearing may be required to answer specific questions from members of the committee seeking clarification of information.
The typical order of the hearing will be as follows:
1. Chair will ask all parties and witnesses to introduce themselves and this should include a brief explanation of the purpose of their attendance.
2. Officers present the report.
3. Committee members ask questions of officers.
4. Applicant speaks.
5. Applicant's witnesses speak (with permission of Chair).
6. Committee members ask questions of applicants and their witnesses (only applies to witnesses who have been given permission to speak).
7. Other parties speak.
8. Other parties’ witnesses speak (with permission of Chair).
9. Committee members ask questions of the other parties to the hearing and their witnesses (only applies to witnesses who have been given permission to speak).
10. Applicant (with exception and with permission of Chair) asks questions of the other parties to the hearing and their witnesses.
11. Other parties to the hearing (with exception and with permission of Chair) ask questions of the applicant/other parties to the hearing and their witnesses.
12. Chair's closing remarks.
13. Committee retires to make their decision. 14. Legal adviser informs the hearing of any advice that they have given to the committee during the decision making process.
15. Committee announces decision and gives reasons.
16. After the hearing officers will write to all parties to confirm the committee's decision. This page is intentionally left blank Page 1 Agenda Item 3
L b
LICENSING SUB-COMMITTEE
Tuesday 9 September 2014 at 7.00 pm
MINUTES
PRESENT: Councillor Alex Bigham, Councillor Jennie Mosley and Councillor Andrew Wilson (Substitute)
APOLOGIES:
ALSO PRESENT:
Action required by
1 ELECTION OF CHAIR On opening the meeting, it was announced that Councillor Amelie Treppass, who had been due to sit on the Sub-Committee and whose name was listed on the agenda papers, was unable to attend the meeting. Councillor Jennie Mosley would be sitting as a substitute.
MOVED by Councillor Andrew Wilson, SECONDED by Councillor Jennie Mosley and:
RESOLVED: That Councillor Alex Bigham be elected as Chair of the meeting.
2 DECLARATION OF PECUNIARY INTERESTS There were no declarations of pecuniary interest.
3 MINUTES RESOLVED: That the minutes of the previous meeting held on 12 August 2014 be approved and signed by the Chair as a correct record of the proceedings. Page 2
4 LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A PREMISES LICENCE
4a MEMON CENTRE, 3 WEIR ROAD, LONDON SW12 0LT (THORNTON WARD)
Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 8, 9 and 10 of the Statutory Guidance, and to Sections 4, 8, 16 and 19 of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 5.9 of the report on page 23.
In response to questions from Members, the Licensing Officer confirmed:
This was an application by Ms Maryam Tayub on behalf of the Memon Centre for regulated entertainment. Supply of alcohol was not being sought Seven representations had been received; these were included in the agenda pack and included objections from Licensing, Planning, Noise and residents The last date for representations was 14 May 2014. Between 21 and 23 May 2014, 85 emails were received in support of the premises but these were rejected as they were not made within the statutory timescales In 2011, a meeting was held with the Memon Centre manager, a police licensing officer and licensing officer to discuss regulated activities, entertainment and proposed events In August 2013, a warning letter was sent by Licensing to the premises regarding suspected licensable activity taking place without the benefit of a premises licence or temporary event notice (TEN) There was a history of noise complaints in respect of the premises and this was included in the pack There had been a request by the premises to defer the application, following which a 56 page bundle was submitted on 8 September. A further letter was then submitted on the day of the hearing. All additional paperwork had been circulated to the relevant parties
A map and photographs of the premises were circulated.
Presentation by the Applicant
Mrs Hamid, representing applicant Ms Maryam Tayub, informed the Sub- Committee that:
She apologised to the Sub-Committee for the late submissions made in respect of the application. These included a statement by Ms Tayub and several related exhibits The Memon Centre was primarily a community centre used by members of the Memon community and others, most of whom were of Muslim faith; hence, there was no application to supply alcohol The management were aware of the need to comply with the Page 3
licensing objectives and were taking positive steps in this regard A sound limiter was in place when the Noise Officer, Mr Owness Rattigan, had visited the premises in response to a complaint, but it was not working properly at the time. Also, Mr Rattigan’s report stated that the noise in the complainant’s property was no higher than background level and this suggested the complaint was not justified The documents submitted showed that payments had been made to a company to provide a limiter; the same company would also be installing CCTV, which would help regulate the behaviour of patrons and tackle any public nuisance or crime and disorder Two SIA-registered security staff would be on duty whenever there was a function taking place; they would ensure that there was no noisy or unruly behaviour The invoices submitted showed that security staff had been engaged on 16, 17 and 29 August A designated smoking area had been established including signage Two parking marshals would be deployed to help uphold the licensing objectives, including ensuring the parking bays were used correctly The representation from the Planning officer in the pack referred to the previous building, which was demolished. The new building, built in 1992, had planning permission to be used between 9am and 9pm Sunday to Thursday and 9am to 12pm Friday and Saturday. It was clarified at this point that 12pm was generally considered to be noon, but it was accepted that this should probably read 12am (midnight). The Licensing Officer confirmed that there was an error in the Planning representation and that Saturday’s terminal hour in Planning terms was indeed midnight, although there was some confusion about Fridays. The applicant would need to contact the duty planning officer to check the appropriate consent was in place otherwise enforcement action could result. It was also clarified that Licensing and Planning were separate regimes and the Licensing Sub-Committee could not take Planning matters into account Patrons usually did not arrive to play indoor sports until around 9pm so they needed a licence until midnight on Monday- Wednesday, and 11pm on Thursday, as per the application. Ceasing activities at 9pm would be unworkable The terminal hour applied for with respect to recorded music was 11pm as this was what was required by the Centre’s patrons. It was submitted that this was in line with what would be expected for community events Given the steps that had been taken to comply with the licensing objectives, particularly the prevention of public nuisance, it was appropriate to grant the application as sought
In response to questions from Members, Mrs Hamid confirmed:
The new limiter was being installed and this would be done by Thursday 11 September The Centre hosted indoor football on Thursdays, which finished at 10pm, and badminton, volleyball and basketball Mondays to Wednesdays, which finished by 11pm. An extra hour had been added to these times in the application to allow for clearing up and Page 4
dispersal SIA staff had been employed for six hours per day (from 5pm to 11pm) on 16, 17 and 29 August The Centre manager would monitor the CCTV and either he or the parking marshals would intervene to stop any public nuisance, including children running around being noisy or disruptive. This would also help uphold the protection of children from harm licensing objective by keeping them away from busy roads There was a contract governing the hire of the hall for functions and this would be updated to include responsibilities around noise and disruptive behaviour The smoking area was to the left hand side of the car park, as suggested by the licensing officer who visited the premises. Signs had been erected and there would be a limit of 10 persons able to use the smoking area at any one time, which would be enforced by the marshals There was a full time centre manager who, along with Ms Tayub, was always on site Functions took place on roughly 30% of weekends at present; these included wedding parties, wakes, lectures/speeches and charity fundraisers. They did not usually hire out the hall for weekday evenings due to the sports taking place, although they did sometimes do this if a block booking was requested for an entire week. The centre was also used by schools for exams and other purposes during the day The hall had a capacity of 500 It had previously been assumed that no licence was needed since the Memon Centre was a non-profit organisation There had been a change of committee in October 2013 and as a result of this, and advice from the Noise Team following a visit, a limiter was installed in December 2013. Further measures were also being explored to mitigate any noise nuisance, such as an indoor marquee and a particular configuration of loudspeakers They accepted all the suggested conditions put forward by the Noise Team as outlined on p71 of the pack except the first one, which related to the hours of use
Presentation by Interested Parties
Mr Calvin McLean, Lambeth Noise Enforcement Officer, said that:
His initial view was that he would support the application if his proposed conditions were agreed to; however, he now opposed it entirely. This was because recommendations were made in April but these had only now been acted upon despite the licence application being made on 16 April He accepted that the Centre aimed to provide the Memon community with an organisation and premises aimed at promoting their own welfare and this was laudable but he was concerned with the impact of its operation on neighbouring residents, particularly when it was hired out for functions It was widely accepted that a licence was needed since there was commercial activity taking place at the premises Three events were held in August without a premises licence or TENs in place Though Mrs Hamid had stated that a limiter had been installed Page 5
previously, there had been no attempt to get this working and set to the appropriate level. This process involved accessing neighbours’ properties and taking a number of measurements Officers had reported that due to the nature of the roof, the limiter would be likely to be set at quite a low level The late documents submitted by the applicant’s representative only showed a quote for a limiter, although he accepted that it was stated earlier in the hearing that this was being installed by Thursday 11 September A TEN was given for a proposed event at the Centre on 24 August 2014 but this was withdrawn following an objection from the Noise Team. Despite this, he had discovered on the day of the hearing that a noise complaint had been made citing loud music at 8.12pm on that evening, suggesting an event had taken place anyway without authorisation. The complainant was called back at 8.45pm and stated that the music had been turned down It appeared there may have also been an unlicensed event on 17 August 2014. Noise officers attended that evening at 11.45pm in response to a complaint and there were people outside, although there was no evidence licensable activities were taking place He had no confidence in the centre management
In response to questions from Members, Mr McLean confirmed:
He was not suggesting that serious disorder was occurring at the premises but the presence and dispersal of 500 people attending a party or event was intolerable for neighbours in what was a very residential area. Problems included patrons talking loudly and noise from cars It may be possible to install soundproofing at the premises but this would be likely to be very expensive; it had cost a similar venue around £20,000 Although no statutory nuisance was witnessed by Mr Rattigan in the incident referenced by Mrs Hamid, it was a concern that any music at all was audible in residents’ dwellings
Mrs Hamid was called back to answer further questions and stated that:
The function held in August which was referred to previously was a matchmaking event. This ran from 13-17 August and the centre manager had email proof that this had been cleared with the Council. A licensing officer confirmed via email that a licence or TEN was not needed as long as there was no regulated entertainment or licensable activities at the event A member of the management confirmed that at this matchmaking event there was no music or similar licensable activities The centre management were not aware of any activity taking place at the premises on 29 August The £20,000 funding for the measures being taken had to be approved by the trustees. It was very difficult to get them together to ratify the payment and this helped explain why it had taken as long as it had to respond to the concerns raised by officers It was expected that they would be in a position to ask Noise officers to set the limiter by the end of the week. The CCTV was already installed It would be stipulated in the hall hire contract that all hirers would Page 6
need to use the centre’s equipment. They would not be allowed to bring their own They were aware that the TEN on 24 August was withdrawn and knew nothing of any event taking place that evening, though the centre was used for a wedding during the day The duty manager was in attendance whenever events were taking place and the management were not disorganised
Adjournment and Decision
At 8.30pm, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations from Mrs Hamid and her associates, and from Mr McLean.
Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application with amendments and conditions but to defer the full reasons, which would be produced within five clear working days.
RESOLVED: To grant the application with amendments and conditions as follows:
Amendments
Terminal hour for live music, recorded music and performances of dance to be amended to 2100 Sunday to Thursday and 2300 Friday and Saturday.
Indoor Sports to be removed from the operating schedule (It was explained that the Sub-Committee had decided to reduce the terminal hour for this activity to 2300 daily and as such no licence was needed as indoor sports were not licensable between 0800 and 2300 providing there was an audience of fewer than 1000. It was confirmed during the hearing that the capacity of the hall used for sports was 500.)
Conditions
1. The provision of regulated entertainment and indoor sporting events shall only be permitted within the Grand Hall.
2. The Premises Licence Holder shall employ a minimum of two designated parking marshals on every occasion when the premises is hired out for an event or function to ensure that patrons park responsibly and without undue noise within the designated parking bays to the front and rear of the building. This provision shall be extended to the public highway and the conduct and behaviour of patrons shall be monitored with intervention where necessary to ensure no shouting; unnecessary/excess use of car horns or vehicle engines left running needlessly.
3. The sound limiting device in situ shall be set to Noise Officers’ specifications and thereafter maintained at the approved level for Page 7
the duration of use.
4. All instruments and equipment used for the provision of amplified live music performance shall be connected to the sound limiting device at all times.
5. The premises licence holder shall install sound/amplification equipment for the provision of recorded music for the use of all patrons/users.
6. Patrons shall be prohibited from bringing in and utilising their own sound /amplification equipment within the premises. This must be checked by staff and rigorously enforced at all times.
7. All windows and doors to be kept closed whilst regulated entertainment is taking place except for the ingress and egress of persons or in the event of an emergency.
8. There shall be no use of the first floor flat roofed area for regulated entertainment or any other activity.
9. An orderly queuing system shall be implemented when necessary to control the area outside the venue.
10. There should be a minimum of 2 SIA staff on duty from 21:00hrs every time there is a function/event taking place. 1 officer shall be deployed to monitor the external frontage; side and rear parking area. The second officer shall routinely patrol all internal areas accessible to the public; and a. SIA staff to ensure no noisy, rowdy or anti-social behaviour. Those patrons deemed to be engaging in such behaviour shall be asked to disperse from the premises and area quietly; b. All patrons/users should be discouraged from socialising/loitering on the public highway and all external areas within the site boundary.
11. The external front right hand elevation of the building adjacent to the boundary of the Big Shelf Storage depot shall be a designated smoking area. This area shall be monitored at all times whilst in use by patrons to ensure no boisterous, noisy or anti-social behaviour and should not exceed more than 10 persons at any one time.
12. Devise and implement a robust dispersal policy to ensure that patrons leave the premises and vicinity as quietly and speedily as possible. (A copy of which shall be submitted to the Licensing Department). Ensure that patrons are verbally advised by staff upon leaving to be mindful of the neighbouring residents so as not to disturb the peace. Page 8
13. Erect prominent and legible signage to the ground floor lobby entrance area advising patrons to refrain from playing loud music from their vehicles; slamming vehicle doors, shouting on the street or loitering on the public highway.
14. SIA staff to remain on duty until all patrons have dispersed from the premises.
15. Customers shall be supplied with information on all public transport locations including times and encouraged to make use of this amenity. The premises shall have an arrangement with licensed taxi cab operators in conjunction with the use of the parking marshals to ensure orderly arrival and departure of taxis to the venue. The marshals shall be suitably briefed on all local transport links and accordingly direct patrons to these services where requested.
Announcement of Decision
Members returned to the meeting and the Chair informed those present of the decision to grant the application with amendments and conditions. The Chair confirmed that written notification of the decision would be sent in due course.
Note by the Sub-Committee
The full reasons for the decision were as follows:
1. This is an application for a new premises licence in respect of the Memon Centre situated at 3 Weir Road, London, SW12. The application sought authorisation for regulated entertainment.
2. The LSC was informed by the Licensing Officer that there was a history of noise complaints associated with the premises and that despite the operators of the premises having been warned on several occasions between 2011 and 2014 of the need to obtain a licence, they did not do so until April 2014. It should be noted that this application was adjourned on previous occasions at the request of the applicant, hence the delay in it coming before the LSC.
3. The LSC had been given copies of a witness statement made by Maryam Tayub, on behalf of the applicant, which addressed some of the concerns of the representors. The representative explained to the LSC that the Centre was primarily a community centre and that the management were aware of the need to promote the licensing objectives. The LSC was told that a noise limiter had been in place when the Noise Team visited in August 2014 but that it had not been working. The LSC was told that a new limiter had been ordered and was due to be installed by 11th September and that the same company had been contracted to install a new CCTV system which would help to address concerns relating to crime and disorder and public nuisance. It was suggested that as Mr. Rattigan had not witnessed a statutory nuisance on 2nd August 2014 the noise complaint was unjustified.
4. The LSC was told that the premises were content to accept all of Page 9
the conditions sought by the Noise Team and this was also confirmed in Ms. Tayub’s statement. The premises did not agree to the reduction in hours sought by the Noise Team. It was said that their application was in line with other similar premises and was what would be expected for community events and that it was unnecessary, given the other steps taken to promote the licensing objectives, to reduce the hours.
5. The LSC was told that sporting events finished at 23:00 hours Monday to Wednesday and 22:00 hours Thursday and that the extra hour sought in respect of each day was to allow for cleaning up and dispersal. The hall had a capacity of 500 people.
6. The LSC was told that the hire of the hall was governed by a contract which would also deal with issues of noise and disruptive behaviour. A full time manager was always on site, as was Ms. Tayub, and the LSC was told that the hall was hired out for various occasions and, at present, for about 30% of weekends. The LSC was told that the Centre had not applied for a licence prior to April 2014 as the operators had thought no licence was needed since it was a charity.
7. The LSC was told that SIA staff were employed on 16th, 17th and 29th August and invoices were shown to prove this.
8. Calvin McLean from Lambeth’s Noise Team informed the LSC that the Noise Team had originally been content with the application to be granted with their proposed amendments and conditions. However, that had now changed, largely due to the fact that the application had been made in April but nothing had been done by the premises to address the problems of public nuisance until now.
9. He expressed concern that unauthorised licensable activity had been taking place at the premises, that three events had been held in August without a TEN having been issued and that although a sound limiter had previously been installed there had been no apparent attempt by the premises to get that working and set to a reasonable level.
10. Mr. McLean told the LSC that a TEN had been given for a proposed event on 24th August but had been withdrawn; despite that, he had checked the Noise Team’s records before the hearing and found a complaint of loud music that night, which suggested an unauthorised event had taken place. The complainant reported later that the music had been turned down. Mr. McLean also stated that an unauthorised event may have occurred on 17th August as Noise Officers had attended the Centre at 23:45 in response to a complaint and that there were people outside. He did, however, accept that there was no evidence that licensable activities had taken place.
11. Mr. McLean informed the LSC that the premises were not associated with serious disorder but that the presence and dispersal of 500 persons was intolerable for what was a very residential area. The LSC was told that the cost of soundproofing the premises would be expensive, perhaps around £20,000.00. He also confirmed that although Mr. Rattigan had not witnessed a statutory nuisance he had clearly heard noise from the premises within the complainant’s home and that was a matter of concern. He told the LSC that he had no confidence in the Centre’s management. Page 10
12. The LSC then asked the applicant to answer further questions. They stated that between 13th and 17th August the Centre had been running a matchmaking event and that this had been cleared with the Council. They were not aware of any activity taking place on 29th August and that on 24th August the premises had been used for a wedding during the day but nothing had taken place during the evening. The CCTV had been installed, they expected to be in a position to ask the Noise Officers to set the noise limiter by the end of the week and that the reason it had taken so long to implement was the need to get approval from all the Centre’s trustees to fund the works. The management disputed the suggestion that they were disorganised in any way.
13. In addition to the representation from the Noise Team there were representations from the Licensing Department and from local residents. Those concerns echoed those of the Noise Team, particularly with regard to noise nuisance until late at night, nuisance from parking and the carrying on of licensable activities without a premises licence.
14. This application engages the licensing objective of public nuisance. The LSC was concerned that the Centre had clearly been carrying on licensable activities without the authorisation of a licence, particularly when that position remained the same for some years. Any responsible operator wishing to carry on licensable activities would, in the LSC’s view, take steps to check their legal position rather than simply assuming that they were exempt because they were a charity. Furthermore, whilst that excuse may have been some mitigation, it cannot be so when they were warned several times over a three year period. However, the Centre did finally accept that a licence was needed and pending the determination of the licence application a number of TENs were given.
15. The LSC understands the Noise Team’s concerns that nothing was done between April and now to address the concerns raised with regard to noise nuisance, such as the installation of the sound limiter. However, the LSC accepts that such equipment is expensive, it has seen the quotations provided on behalf of the Centre and accepts that such work is to be carried out. Furthermore, the LSC does not consider that an applicant should be expected to expend large sums of money to install equipment when there is no requirement to do so and when there is a risk that such expense would be wasted if the licence application was refused.
16. It was suggested by the representative for the Centre that there was no nuisance at all given that Mr. Rattigan did not witness a statutory nuisance. The LSC heard from Mr. McLean on this issue and accepts that Mr. Rattigan simply records that the nuisance was not a statutory nuisance within the meaning of the Environmental Protection Act 1990; it did not mean that there was no nuisance at all. The Statutory Guidance at Paragraph 2.19 states:
“Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law meaning. It is important to remember that the prevention of public nuisance could therefore include low-level nuisance, perhaps affecting a few people locally, as well as major disturbance affecting the whole community.”
There is a clear history of noise complaints and the LSC is satisfied that the premises have caused a public nuisance. Page 11
17. In addition, the LSC accepts that the soundproofing within the premises is inadequate and that to bring it up to a reasonable standard at present would be a substantial expense and there is no suggestion, as yet, that this will be done. The LSC is therefore concerned to ensure that an appropriate balance is struck between the applicant’s desire to have a licence for the activity that they undertake and the rights of the local residents to not be disturbed until late into the evening, particularly mid- week.
18. The LSC was also particularly concerned that the operating schedule, where it asks for details of the steps to be taken to promote the licensing objectives, was completely blank. Whilst Ms. Tayub stated that she was aware of the licensing objectives this does indicate that the application was made with no real thought to what problems were or are being caused and how best to mitigate those problems. The Statutory Guidance, at Paragraph 8.33, states:
“In completing an operating schedule, applicants are expected to have regard to the statement of licensing policy for their area. They must also be aware of the expectations of the licensing authority and responsible authorities as to the steps that are appropriate for the promotion of the licensing objectives, and to demonstrate knowledge of their local area when describing the steps they propose to take to promote the licensing objectives...”
The subsequent paragraphs of the Guidance, from 8.34 to 8.41 address what steps applicants are expected to take to ensure that their operating schedule addresses the promotion of the licensing objectives.
Lambeth’s Statement of Licensing Policy 2014-2019 (“the Policy”), at Section 5, sets out what the Authority to expects to see in applications, the steps applicants are advised to take and in general terms makes it clear that there is an expectation that applicants will consider how to ensure that their premises will fit in with the community in which they intend to operate. It does not appear to the LSC that this has happened in this case and Paragraph 5.9 of the Policy confirms that that the Authority will have concerns over any application that comes before the LSC without demonstrating that proper consideration has been given to the promotion of the licensing objectives.
19. The LSC was informed by the Legal Adviser that indoor sporting activities had been deregulated in certain circumstances, namely where the activity takes place between 08:00 and 23:00 hours in front of an audience of not more than 1000 people. As it was confirmed that the activities would not take place beyond 23:00 hours the LSC removed the provision of indoor sporting activity from the operating schedule.
20. The LSC has carefully considered whether it is appropriate for the promotion of the licensing objectives to amend the hours sought by the application. For the reasons set out above the LSC cannot be satisfied that there will no longer be any nuisance caused by this premises. The LSC has had regard to Paragraph 10.11 of the Statutory Guidance, particularly the sentence which states:
21. “The 2003 Act gives the licensing authority power to make decisions regarding licensed opening hours as part of the implementation Page 12
of its licensing policy statement and licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities.”
22. In addition, the LSC has considered its Policy, which deals with hours of operation in Section 4 and Appendix 1. Although this premises is in an area and of a type that would normally permit a terminal hour of 23:00 that presumption can be disapplied in an appropriate case (paragraph 4.4 and 8.11). The LSC considers that this is such an appropriate case.
23. The LSC has had regard to the concerns raised by the representations, particularly with regard to public nuisance and, the failure to address the licensing objectives in the operating schedule. The conditions suggested by the Noise Team, which were agreed by the applicant, were appropriate and proportionate to promote the licensing objectives. The LSC considered carefully whether these conditions would suffice to address all the concerns raised and has concluded, for the reasons set out above, that they would not. The LSC therefore concludes that it is also appropriate and proportionate to vary the terminal hour as requested by the Noise Team so as to strike the right balance between the burden on the applicant and the benefit in terms of the promotion of the licensing objectives. The application is therefore granted with amendments and conditions as follows:
The amendment is that the terminal hour for live music, recorded music and performances of dance shall be 2100 Sunday to Thursday and 2300 Friday and Saturday. The conditions are as outlined above.
5 BLACK AND BLUE, 3 MEPHAM STREET, LONDON SE1 8FS (BISHOPS WARD) The representations were withdrawn in advance of the meeting so no hearing was required.
6 HAPPY SHOP, 74-76 BRIXTON ROAD, LONDON SW9 6BH (VASSALL WARD) Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a review of the current premises licence. The Sub-Committee’s attention was drawn to chapters 8, 9, 10 and 11 of the Statutory Guidance, and to Sections 16 and 19 of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 5.10 of the report on page 23.
In response to questions from Members, the Licensing Officer confirmed:
This was an application to review the premises licence by Trading Standards citing all four licensing objectives A number of visits had been made to the premises during which several contraventions were discovered, as outlined in the report Nine representations had been received in support of the premises An enforcement notice from the Fire Authority was included at p156-158 of the pack detailing a number of breaches of fire regulations. The Fire Authority had not made a representation Page 13
however A statement on behalf of the licence holder was included at p167 A number of conditions had been discussed between the licence holder’s representative and Trading Standards but these had not yet been formally agreed
A map and photographs of the premises were circulated.
Presentation by the Applicant
Mr Bernard Conmy, Lambeth Trading Standards, informed the Sub- Committee that:
This case was similar to that for Low Price, heard on 12 August 2014, which resulted in a three month suspension of the licence and a schedule of additional conditions being imposed; he believed similar sanctions were appropriate here. The Legal Advisor reminded all present that each case had to be decided on its own merits He had been in touch with the representative of the premises and many conditions had been agreed on but they could not agree on an appropriate length of suspension; Mr Conmy favoured three months as he believed this would allow time to complete the required training and find new suppliers, while the premises were offering 14 days. If full agreement could not be reached then he favoured revocation He first came across the shop in 2006 when concerns were discovered regarding tobacco labelling and food In 2007, counterfeit condoms and vodka were found as well as out of date foods In August 2010, a failed test purchase took place. The member of staff who made the sale was later found to have lacked the appropriate papers to live and work in the UK. A licensing premises information pack was posted to the premises In December 2010 there was another failed test purchase, this time in relation to tobacco. The seller accepted a caution and stated that children got angry if they did not sell to them; this gave rise to concerns that they were selling to underage customers through fear Duty diverted alcohol had also been found at the premises Single and high strength cans of lager and cider were on sale and these encouraged street drinkers More counterfeit alcohol was discovered at the shop in November 2013 During an inspection in May 2014 staff admitted that single cans of alcohol were sold despite an agreement and notices (though not a condition) being in place restricting this A compliance visit took place in June 2014 during which the review application was served on Mr Selvaranjan. It was discovered that the plan on file did not seem to tally with the actual layout of the shop, and there were two single beds in one of the store rooms along with a toilet and washing facilities. This was a serious issue since the fire service did not treat commercial premises with the same urgency as residential ones, meaning anyone living at the premises could be in great danger in the event of a fire. Mr Selvaranjan stated at the time that the beds were there for staff to Page 14
lie down if they had a headache The photos in the pack detailed the poor order of the shop and potential hazards There were concerns relating to all four of the licensing objectives
In response to questions from Members, Mr Conmy confirmed:
The premises consisted of two adjacent shops but the plan did not show this He was not aware exactly how many other off licences had conditions preventing the sale of super strength alcohol or single cans but premises had been contacted to urge them to accept a voluntary agreement to this effect after a Community Safety initiative aimed at tackling street drinking. In the case of Happy Shop, such a non-binding agreement had been made regarding single cans and notices erected but it was being ignored. It was not possible to impose conditions without a licence review. He believed that super strength alcohol was the biggest problem In addition to the two failed test purchases in 2010 outlined in the pack, another one was passed in November 2011. None had taken place since He was generally happy with the seven conditions proposed by the licence holder’s representative but also wished to add a condition regarding till prompts for age-restricted items He also sought a condition regarding firefighting equipment being kept on the premises; however, the Legal Advisor stated that this was dealt with via separate legislation
Presentation by Premises Licence Holder
Mr Jeremy Phillips, representing the licence holder Mr Selvaranjan, said that:
He had had a helpful discussion with Mr Conmy prior to the hearing and believed the only sticking point between them was the length of suspension He had drawn up a new set of conditions based on this discussion, copies of which were distributed to members of the Sub- Committee. Mr Conmy was happy with these Mr Selvaranjan always tried to do the right thing and was extremely embarrassed and ashamed to have been brought before the Sub- Committee. He had worked in the shop since 1991 and became the proprietor in 2006 The problems at the premises could be broken down into four main areas The first was the quality of alcohol and other products on sale at the shop, encompassing duty diverted and counterfeit goods as outlined in the report. In seven years there had been four bottles of counterfeit alcohol found and 13 duty diverted bottles, plus five miniatures. It was submitted that, whilst this was regrettable, there were thousands of bottles on the premises at any one time and this had to be put in context. Mr Selvaranjan had receipts but was never asked to produce them; this could help track down who was responsible for the sub-standard goods. He shopped at 7 or 8 different cash and carry outlets and there was no suggestion he was knowingly stocking counterfeit or duty diverted products Page 15
The second issue was the failed test purchases, of which there had been two, both in 2010. One involved a member of staff whose immigration status had not been resolved who Mr Sevaranjan had allowed to help out in the shop. Whilst this record was undesirable, it was not the worst The third issue was a more general one concerning street drinking; however, here was no suggestion it was a particular problem in this vicinity or that this shop had been targeted The fourth issue concerned housekeeping and was highlighted by the pictures cited by Mr Conmy. There was still waste there but since it was necessary to store recycling up for collection, it was submitted that it was reasonable to have such waste inside the premises. In relation to the bedding, there had been someone sleeping at the premises but this ceased last year and though the beds were still there, the room in question was now used for storage, mainly of kitchen towels and toilet paper Mr Selvaranjan was a conscientious member of the community and the letters of support from residents – all of which were individual and not the result of a pro forma – seemed to bear this out. There were no representations in support of the review form the police or anyone else He questioned Mr Conmy’s approach in documenting a number of issues over several years and then seeking revocation of the licence, rather than dealing with the issues as they arose Mr Selvaranjan had done the vast majority of the work needed to comply with all his obligations and the proposed additional conditions There were 32 CCTV cameras in operation at the premises. These covered the counter (behind which all the spirits were stored) and the beer and wine aisle comprehensively He suggested some minor amendments to the new conditions he had submitted at the hearing, as follows: condition 2: delete “by police”; condition 3: add “records must be kept on site and produced on request”; condition 4: add “Challenge 25 notices to be displayed” They were happy with the condition regarding super strength alcohol and the additional one regarding till prompts suggested by Mr Conmy They did not wish to agree to a condition restricting the sale of single cans unless it could apply to all retailers in the area. Mr Conmy had indicated that super strength alcohol, not single cans per se, were his main concern Regarding the proposed suspension of the licence, the Sub- Committee needed a reason for the length of any suspension and Mr Conmy’s reasoning for a three month period – principally, allowing time to comply with the additional conditions – did not stack up since most of the actions were complete. It was further submitted that three months was not warranted since this was the first time the licence had been taken to review Mr Selvaranjan concluded by stating that he was a hard-working, devoted father and liked to help people. He took full responsibility for the situation he found himself in and reiterated his embarrassment
In response to questions from Members, Mr Phillips confirmed: Page 16
All staff had already been trained in their duties under the Licensing Act 2003 in house but records had not previously been kept The designated premises supervisor would also complete a more advanced course as cited in the proposed conditions Mr Selvaranjan and his partner both worked full time and held personal licences. At least one of them would normally be in the shop His son had also completed the personal licence course They had five part time staff in addition to themselves and two of these were being sent on training courses Mr Selvaranjan did not recall ever receiving the letter at p137 of the pack which reiterated the request for him not to sell super strength beers and ciders over 6% ABV. He was happy not to sell single cans if this was applied to all his competitors Mr Selvaranjan accepted he did not check the immigration papers of the member of staff who conducted the underage sale in 2010, who was a friend of a relative, and that he should have done so. He currently only employed family members The stair wells were no longer blocked, nobody lived at the premises and he had installed fire doors The Statutory Guidance suggested that financial impacts should be taken into account in situations such as these. Based on a rough calculation taking into account Mr Selvaranjan’s weekly alcohol- related profits, a 14 day suspension of the licence would amount to a fine of around £1500 while a three month suspension would equate to a £10,000 penalty
Adjournment and Decision
At 10.25pm, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations from Mr Conmy and Mr Phillips.
Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application for review, suspend the licence for 14 days and impose additional conditions, but to defer the full reasons, which would be produced within five clear working days.
RESOLVED: To grant the application for review, suspend the licence for 14 days and impose additional conditions as follows:
Conditions
1. A recording CCTV system will be installed and fully operational at all times: - A record will be kept of any access made to information held on the system -The system will be maintained and serviced at least once every 12 months -The system clock will be checked regularly for accuracy taking account of GMT and BST -The CCTV system will have sufficient storage capacity for 31 days’ Page 17
evidential quality pictures -There will be coverage of the display of alcohol and the tills -Police and authorised officers of the Local Authority shall have access to data from the system as soon as is reasonably practicable and footage shall be provided in a format which can be easily viewed
2. The licence holder must ensure that all staff selling alcohol have received adequate training and refresher training on the law with regards to age-restricted sales and this must be properly documented with training records kept. Staff shall be named in such records on their first day of training and shall be signed off. Records must be kept on site and produced on request.
3. Any person appearing to those engaged in selling or supplying alcohol to be under the age of 25 and who is attempting to buy alcohol will be required to produce satisfactory photographic identification as proof of age. Acceptable ID shall be a passport, valid UK photocard driving licence or PASS approved ID. Challenge 25 notices must be prominently displayed in the shop
4. Any incidences of refusals of service, crime or antisocial behaviour will be recorded in a log book. The designated premises supervisor will review this log book weekly and sign and date it having done so. The police and council officers will have access to this log book when requested.
5. The premises licence holder shall keep receipts of every purchase from any supplier of alcohol which is to be displayed and sold in the licensed premises. Receipts must be kept for a minimum period of 12 months and made available for inspection when requested by the police or authorised officers of the Local Authority. Alcohol will not be purchased from any supplier not previously notified by the premises licence holder in writing to the police or Trading Standards department of the Local Authority.
6. The designated premises supervisor will pass the Level 2 BIIAB Designated Premises Supervisor course or equivalent within 3 months of the date of the LSC decision. In the event of any variation of the DPS the new DPS will be required to possess or to pass the Level 2 BIIAB Designated Premises Supervisor course or equivalent within 3 months of their appointment as the designated premises supervisor. In either case proof of completion must be provided to the Licensing Authority within 7 days of receipt of notice of successful completion.”
7. At least one member of staff who holds a personal alcohol licence shall be on the premises whilst the shop is open and a minimum of two members of staff shall be on duty at such times.
8. Beer, cider and lager products over 6% ABV in cans shall not be sold from the premises, save for premium or specialist branded products.
9. Tills used in the premises shall prompt the operator to consider checking ID when age-restricted products are being purchased. Page 18
Announcement of Decision
Members returned to the meeting and the Chair informed those present of the decision to grant the application for review, suspend the licence for 14 days and impose additional conditions. The Chair confirmed that written notification of the decision would be sent in due course.
Note by the Sub-Committee
The full reasons for the decision were as follows:
1. This is an application for review of the premises licence held in respect of Happy Shop situated at 74-76 Brixton Road, London, SW9 6BH. The grounds for the review are based on all four licensing objectives.
2. The members of the LSC had read all the papers submitted in advance of the hearing and the LSC heard from Mr. Conmy in support of his application. The LSC heard that the premises had a history of concerns dating back to 2006.
3. In November 2006 Trading Standard found cigarette rolling papers displayed for sale that did not bear the correct warning labels required for tobacco products. Exactly one year later a further Trading Standards inspection discovered fake condoms and vodka for sale.
4. On 5th August 2010 a 16 year old boy acting as a test purchaser for Trading Standards was sold alcohol by a man who was later found to be an illegal immigrant. The licence holder and DPS, Mr. Selvaranjan, was not able to produce any documentation to show that he had carried out the requisite checks. Mr. Conmy noted that there was no refusals register. Mr. Conmy told the LSC that he later sent out a Licensed Premises information pack to the premises, which included a refusals register.
5. Just four months later, on 30th December 2010, another test purchase was carried out. On that occasion a 16 year old boy was sold a packet of cigarettes. When challenged the vendor replied that the children could get angry if not served.
6. On 30th July 2013 Trading Standards visited in relation to concerns of street drinking in the area. Duty-diverted alcohol was found within the premises as were single cans of beers, lagers, ciders, etc. and high-strength beers, lagers and ciders. The concerns of Trading Standards and Community Safety are that the sale of single cans and, in particular, high-strength items, encourages street drinkers and exacerbates the resultant anti-social behaviour. A refusals register was available but the last entry was dated 10th June 2012.
7. In November 2013 two visits discovered duty-diverted and suspected counterfeit alcohol displayed for sale. A further visit in May 2014 found that the refusals register still had not been used since June 2012, that the premises was still selling high- strength/single cans and that there was Polish lager displayed for sale with no English wording at all, suggested that they were not Page 19
made for the UK market. Mr. Conmy told the LSC that there was a sign displayed stating that cans of lager can only be sold in packs of four but that the shop sold singles. He stated that he was told by the DPS that somebody had told him he could sell single cans. Mr. Conmy’s view was that despite this not being a condition, he had gone back on his word, and that he did not accept this explanation.
8. On 17th June Mr. Conmy visited the premises to serve the review application. When he did so he saw that the Polish lager was still displayed for sale as were the high-strength/single cans. Two single beds were found in the stock room with an adjacent shower room/bathroom. The licence holder denied that anyone lived in the premises and stated that the shower rooms were for the use of staff and that the beds were there if the staff needed to lie down e.g. if they had a headache. Mr. Conmy did not accept these explanations and took the view that it was unlikely that these would be needed in a shop that trades during the hours permitted by this licence. Mr. Conmy had concerns about waste storage and about egress in case of fire and those concerns was reported to the London Fire Brigade. Mr. Conmy informed the LSC that an enforcement notice had subsequently been issued by the Fire Brigade.
9. Mr. Conmy stated that he had tried to agree conditions and a period of suspension with the licence holder’s representative but that they had not been able to reach a full agreement, particularly with regard to the length of the suspension and a condition prohibiting the sale of single cans. He sought revocation for three months on the basis that another premises had recently had a similar suspension imposed. However, the Legal Adviser to the LSC stated that each case needed to be judged on its own merits and the fact that the LSC may have imposed the maximum suspension period in one case did not mean that the same would be justified in this case.
10. Mr. Conmy confirmed to the LSC that he was generally happy with the conditions proposed but also wanted a condition requiring till prompts for age-restricted products and a condition requiring fire- fighting equipment to be kept on the premises, maintained, etc. However, the Legal Adviser confirmed that this would be a requirement imposed by other legislation and therefore should not be duplicated on the premises licence.
11. The LSC then heard from Mr. Phillips on behalf of the premises, who informed the LSC that he believed the only real point of contention between the premises and Trading Standards was the length of the suspension and that he had drawn up additional conditions that Mr. Conmy was content with. The LSC was told that the licence holder was extremely embarrassed and ashamed to be brought before the LSC. The LSC was told that he had worked in the shop since 1991 and became the proprietor in 2006 following the death of the previous owner.
12. With regard to the quality of alcohol Mr. Phillips accepted that there had been problems. He suggested that it needed to be looked at in context, which was that in seven years there had been four bottles of counterfeit alcohol found and 13 duty diverted bottles, plus five Page 20
miniatures. Whilst regrettable, there were thousands of bottles on the premises at any one time and many thousands would have been sold during that time. He also informed the LSC that Mr. Selvaranjan had receipts but had never been asked to produce them; had he been asked this could have helped to track down their origin. Mr. Selvaranjan shopped at seven or eight cash and carry outlets and there was no suggestion he was knowingly stocking counterfeit or duty diverted products
13. The failed test purchases had both taken place in 2010. One involved a member of staff whose immigration status had not been resolved who Mr Selvaranjan had allowed to help out in the shop. There had been none since. Mr Selvaranjan accepted that he did not check the immigration papers of that staff member, who was a friend of a relative, and that he should have done so. He currently only employed family members.
14. With regard to street drinking Mr. Phillips stated that there was no evidence that this premises was contributing in any way to that problem and that he was aware, from dealings with Lambeth, that there were other cases where it was very clear that a premises was contributing to the problem. This, however, was not such a premises. The premises was more than willing to agree not to stock high-strength items, with the exception of premium products, and that there was no need to impose a single can condition in addition.
15. The LSC heard that there had been someone sleeping at the premises but this ceased last year and thought the beds were still there, the room in question was now used for storage, mainly of kitchen towels and toilet paper, which was borne out by Mr. Conmy’s photographs.
16. Our attention was also drawn to the lack of representations in support of the review from the Police, other responsible authorities and residents and that there were however representations in support of the premises, all of which were individual and not the result of a pro forma.
17. It was suggested that bringing this case before the LSC for a review rather than dealing with the issues as they arose was not the right way to approach matters and that it was not fair for a premises to be reviewed, some years later, with the entire history brought before the LSC. A stepped approach would have been more appropriate.
18. The LSC was told that Mr. Selvaranjan had done the vast majority of the work needed to comply with all his obligations and the proposed additional conditions. There were 32 CCTV cameras in operation at the premises, the DPS would complete a more advanced course and staff had already been trained in their duties under the Licensing Act 2003 in house.
19. Mr. Phillips accepted that the length of time for the proposed suspension was a matter for the LSC. However, Mr. Conmy’s reasons for seeking three months did not stack up since most of the actions were complete. He also told the LSC that the Statutory Page 21
Guidance suggested that financial impacts should be taken into account in situations such as these. Based on a rough calculation taking into account Mr Selvaranjan’s weekly alcohol-related profits, a 14 day suspension of the licence would amount to a penalty of around £1500; a three month suspension would equate to a £10,000 penalty
20. This application for review engages all four licensing objectives. Failed test purchases are always a matter of grave concern for the LSC and this is borne out by the statutory guidance. However, the premises appears to have learned the lessons of the past since the LSC was told that a test purchase in 2011 was passed, in that the sale of alcohol to a child was refused. The proposed conditions, in the LSC’s view, suffice to promote the licensing objective of the protection of children from harm.
21. The LSC accepts Mr. Conmy’s evidence that street drinking in this area is a particular problem and the LSC is of course aware of the steps being taken to try to combat that. The conditions restricting the sale of high-strength items and the single can condition can be effective in addressing that problem. However, in this case there was no evidence that this premises was contributing in any way to those problems. Indeed, one of the representations addressed that specific point and stated that staff had been seen refusing sales to street drinkers. Having regard to that and to the willingness of the premises to restrict the sale of high-strength items, the LSC is satisfied that imposing a single can condition would be disproportionate and inappropriate.
22. In addition, whilst it is clear that there are breaches of the licence with respect to the refusals register and there are issues demonstrating poor management to some extent, the LSC accepts that some of these issues are of minor importance; the LSC often sees cases like this where, for example, illegal immigrants are found working in a shop on numerous occasions, where large quantities of counterfeit or duty-diverted alcohol is found for sale, quite often in conjunction with counterfeit or non-UK market tobacco, and where many other licence conditions are being breached. Whilst it is nonetheless regrettable for there to be any failings in licensed premises this is by no means a hopeless case that justifies revocation nor does it justify a three month suspension which would, in our view, be a disproportionate measure. The LSC is satisfied that the conditions set out, combined with a period of suspension for two weeks to put those final measures in to place are appropriate and proportionate for the promotion of the licensing objectives.
23. For the sake of completeness, whilst writing these reasons the LSC noted that condition 6 below, as drafted, did not achieve what the LSC understood to be intended. Mr. Selvaranjan is the current DPS and there was no mention of changing him at present. The original suggested wording was:
The designated premises supervisor will pass the Level 2 BIIAB Designated Premises Supervisor course or equivalent within 3 months of their appointment as the designated premises supervisor. Page 22
It seemed to the LSC that this did not impose the intended obligation on the DPS as he has been the DPS for more than three months. Moreover, it would be appropriate for proof of the completion of this course to be provided to the Licensing Team. We have therefore modified this condition to that extent.
The meeting ended at 10.45 pm CHAIR LICENSING SUB-COMMITTEE Thursday 18 September 2014
Date of Despatch: Wednesday 17 September 2014 Contact for Enquiries: Gary O'Key Tel: 020 7926 2183 Fax: (020) 7926 2361 E-mail: [email protected] Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal record. Page 23 Agenda Item 4 b
Licensing Sub-Committee 1 October 2014
Licensing Applications for the Grant/Variation/Review of Premises Item 4 Licenses
1 Top Save Supermarket, 37 Westow Hill, London SE19 1TQ (Gipsy Hill Ward)
2 Events Space, Windrush Square, Brixton Road, London SW2 1JQ (Coldharbour Ward)
3 Brixton Night Market, Windrush Square, Brixton Road, London SW2 1JQ (Coldharbour Ward)
4 Vauxhall Skate, Vauxhall Pleasure Gardens, London SE11 5HY (Prince’s Ward)
Report authorised by: Strategic Director, Delivery: Sue Foster
Executive summary
This report sets out details of applications for grant/variation of premises licences on which representations have been submitted by interested parties, or details of applications for a review of a premises licence.
Summary of Financial Implications
There are no direct financial implications arising from this report.
Recommendation That the application(s) set out in the Appendix to this report be considered having regard to the Council's Licensing Policy, the Statutory Guidance, the Licensing Objectives and the representation(s) received.
Consultation Name of Cluster or Organisation Date sent to Date response Comments consultee consultee received from appear in consultee report para(s) Internal Jonathan Enabling: Integrated 18.09.2014 18.09.2014 Melnick Support Page 24
Report history Date report drafted: Report deadline: Date report sent: 18.09.14 18.09.14 18.09.14 Report no: Report author and contact for queries: Robert Gardner, Licensing Manager 65/14-15 020 7926 6122 [email protected]
Background documents
Licensing Act 2003
Home Office Amended Guidance Issued Under Section 182 of the Licensing Act 2003
London Borough of Lambeth Statement of Licensing Policy 2014-19
Representations Pack
Appendices
1 Top Save, 37 Westow Hill, London SE19 1TQ (Gipsy Hill Ward)
2 Events Space, Windrush Square, Brixton Road, London SW2 1JQ (Coldharbour Ward)
3 Brixton Night Market, Windrush Square, Brixton Road, London SW2 1JQ (Coldharbour Ward)
4 Vauxhall Skate, Vauxhall Pleasure Gardens, London SE11 5HY (Prince’s Ward) Page 25
Licensing Applications for the Grant/Variation/Review of Premises Licenses
1. Context
1.1 A licence from the Council is required for the supply of alcohol and regulated entertainment.
1.2 A person (includes a business) may make an application for a new premises licence or a variation to an existing premises licence. Where representations are received, a Licensing Sub-Committee must consider the application. The Sub-Committee, when considering such applications, shall carry out its function under the Licensing Act 2003 with a view to the Council's Licensing Policy, Statutory Guidance and promoting the licensing objectives.
1.3 A vessel which is not permanently moored or berthed is treated as a premises situated in the place where it is normally moored or berthed.
2. Proposals and Reasons
2.1 The Licensing Sub-Committee has responsibility for exercising the Council's powers in respect of the Licensing Act 2003. Determination by the Sub-Committee of the applications appended to this report is required because representation(s) to the application(s) have been received.
2.2 Details of the application(s) are set out in the appendices to this report. All Statutory consultation requirements have been complied with by the applicant(s) as set out in paragraph 3 below. The results of consultation are reported in the appendices relating to each application. Public notice has been given in accordance with the requirements of the Licensing Act 2003.
2.3 The applicants and persons making representations have been invited to attend the meeting.
2.4 The fees for premises and personal licences are prescribed within the Licensing Act 2003. In the case of premises licences, the fees are based on the business rate of the premises.
3. Consultation Requirements
3.1 The Licensing Act 2003 requires applicants for licences to consult and submit relevant documentation to the Responsible Authorities as follows: Fire Authority Health & Safety Section Noise Service Police Social Services Town Planning Trading Standards Page 26
Health Body
3.2 Applicants are also required to advertise the application by displaying public notices on or near the premises and by advertising the application in a local newspaper available in the vicinity of premises. An applicant’s failure to comply with all of the above consultation requirements would invalidate the application. All applications set out in the appendix of this report have complied with the consultation requirements.
4. Finance
4.1 There are no direct financial implications arising from this report.
5. Legal and Democracy
5.1 The licensing of premises for the supply of alcohol, regulated entertainment and late night refreshment fall within the provisions of the Licensing Act 2003.
When considering licence applications the Sub-Committee shall carry out its function with a view to the Council's Licensing Policy, Statutory Guidance and promoting the licensing objectives. The Licensing Objectives are:
The prevention of crime and disorder Public safety The prevention of public nuisance The protection of children from harm
5.3 The Sub-Committee must ensure that all licensing decisions have:
a direct relationship to the promotion of one or more of the four licensing objectives; regard to the Council’s Statement of Licensing Policy; regard to the Secretary of State's Guidance; there must not be a 'blanket policy' to the extent that it is applied so rigidly that an exercise of discretion in each individual case is precluded.
Applications must be considered with regard to the principles of fair process and the Human Rights Act.
5.4 The purpose of Lambeth’s Statement of Licensing Policy is to make clear to applicants and those making representations the considerations that will be taken into account when determining applications. It is also intended to guide the Licensing Committee when considering licensing applications; however the Licensing Committee must consider each application on its own merit and only allow exceptions to its own policy where the circumstances of the application justify it.
5.5 Subject to both the Council's Statement of Licensing Policy and Statutory Guidance having been properly considered a Sub Committee may depart from them if there are Page 27
good reasons for doing so. Full reasons must be given and Sub Committees should be aware that such departures could give rise to an appeal or judicial review.
5.6 The Statutory Guidance states that only appropriate, proportionate conditions, which promote one or more of the licensing objectives, should be attached to the licence if it is granted (paragraph 10.12). The Licensing Authority may therefore only impose such conditions as are appropriate to promote the licensing objectives arising out of the consideration of the representations (paragraph 10.12), and should avoid straying into undisputed areas (paragraph 9.33). Statutory Guidance also states that the pool of conditions that are supplied by the Secretary of State should not be applied universally irrespective of particular circumstances, but may be used as examples that can be tailored to suit individual premises and particular situations.
5.7 When considering an application for the variation of an existing licence, only the variation is subject to determination. No changes can be made to a licence or the conditions attached unless they are subject to the variation application.
5.8 Members are advised that when considering applications to vary an existing licence, the following options are available to them by virtue of the Licensing Act 2003, Part 3, section 35, paragraphs 3 and 4.
Where relevant representations are made, the authority must, having regard to the representations, take such steps (if any) as it considers appropriate for the promotion of the licensing objectives. The steps are:-
(a) modify the conditions of the licence (conditions are deemed to be modified if any are altered, omitted or any new condition added).
(b) reject the whole or part of the application
If neither of these steps are taken the application must be granted.
5.9M Members are advised that when considering applications for a new premises licence, the following options are available to them by virtue of the Licensing Act 2003, Part 3, section 18 paragraph 4.
Where relevant representations are made, the authority must, having regard to the representations, take such steps (if any) as it considers appropriate for the promotion of the licensing objectives. The steps are:-
a) to grant the licence subject to the mandatory conditions and conditions consistent with the operating schedule, modified to such an extent as is considered appropriate for the promotion of the licensing objectives. b) to exclude any of the licensable activities to which the application relates c) to refuse to specify a person on the licence as the premises supervisor d) to reject the application Page 28
5.10 When determining an application for a review of a premises licence, Members may take any of the following steps they consider appropriate to promote the licensing objectives:
a) to modify the conditions of the licence b) to exclude a licensable activity from the scope of the licence c) to remove the designated premises supervisor d) to suspend the licence for a period not exceeding three months e) to revoke the licence f) to take no action.
5.11 It is considered inappropriate for officers involved in the administration of applications to make recommendations. However, officers from the Responsible Authorities may request that conditions be imposed on a licence and make recommendations with regard to the licensing objectives.
5.12 Part 1 of Schedule 5 to the Act sets out the circumstances in which a decision of the Licensing Authority may be appealed and who can make such an appeal. Appeals are to be made to the Magistrates’ Court within 21 days of notification of the decision.
5.13 Where persons who made relevant representations in relation to an application contend that the licence should not have been granted, or that different or additional conditions should have been imposed on the licence, they may appeal to a Magistrates’ Court within 21 days of being notified of the decision. Page 29 Agenda Item 4a
Application No 1 APPENDIX 1
Applicant’s name Mr Roland Balogun and Mrs Irena Gornak
Name and address of premises Top Save Supermarket 37 Westow Hill, London, SE19 1TQ
Ward Gypsy Hill
Consultation:
Department(s) or Consulted? Date Comments Organisation(s) (y/n) response summarised received in report? (y/n) Internal Food, Health & Safety Section Y N Noise Service Y 20/08/2014 Y Social Services Y N Town Planning Y N Trading Standards Y N External Fire Authority Y N Police Licensing Unit Y 19/08/2014 Y Health Authority Y N
1. Current Licence
1.1 This is an application to vary the current premises licence. The current premises licence is appended.
2. Application
2.1 An application has been made to vary a premises licence, seeking authorisation for the following licensable activities:
The Supply of Alcohol (off the premises) Sunday- Thursday 07:00 - 02:00 Friday & Saturday 07:00 – 03:00
It is proposed to open the premises to the public during the following times: Sunday- Thursday 07:00 - 02:00 Friday & Saturday 07:00 – 03:00
The current licence permits the following licensable activity; 2.2 The Supply of Alcohol (off the premises) Monday- Saturday 08:00 - 23:00 Sunday 10:00 – 22:30
A copy of the redacted premises licence has been appended. Page 30
3. Details of Representation(s)
3.1 Two (2) representations were received against this application; these were from Lambeth Environmental Health and the Police Licensing Unit. These representations were made under the licensing objectives Prevention of Public Nuisance and Crime and Disorder. Copies of the representations have been circulated under separate cover. The last date for receipt of representations was 5 September 2014. The consultation period has been extended due to the blue notice not being correctly displayed.
Comments:-
3.2 There has been a licence in place for this address since at least 2005.
4. Observations
4.1 The parts of the Statutory Guidance that are particularly relevant to this application and the representations received are Chapters:
2 – The Licensing Objectives; 3 – Licensable Activities; 8 – Applications for Premises Licences; 9 –Determining Applications; 10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
4.2 The parts of the Statement of Licensing Policy that are particularly relevant to this application and the representations are Sections:-
4. Location of Premises and Hours of Operation 5. The Licensing Objectives 6. The Prevention of Crime and Disorder 7. Public Safety 8. Prevention of Public Nuisance 16. Applications Appendix1 – Preferred Hours Appendix 3 - Major, District and Local Town Centres and South Bank Strategic Cultural Area Appendix 4 – Premises Types Appendix 6 – Applications Appendix 7 – Crime and Disorder Appendix 8 – Public Safety Appendix 9 – Public Nuisance
The premises is approximately half way along Westow Hill. This is currently trading as an off licence, mini supermarket. The premises has a high proportion of residential properties and a number of commercial properties including a petrol station and a public house located around the vicinity of the premises. The Licensing Policy designates that this a district town centre, the category of ‘off licences’ where the terminal hour for licensable activities of the supply of alcohol is 00:00 daily.
4.3 A map showing the location of the venue and photographs will be supplied at the meeting. Copies of the application form are appended. Page 31 London Borough of Lambeth Public Protection 2 Herne Hill Road London SE24 0AU Tel: 020 7926 6108
Licensing Act 2003 Premises Licence
Premises Licence Number 05/03095/PRMCON/466
Part 1 – Premises Details
Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code
Top Save Supermarket 37 Westow Hill London SE19 1TQ
Telephone number 020 8670 4809
Where the licence is time limited the dates -
The opening hours of the premises
Monday 08:00 - 23:00 Tuesday 08:00 - 23:00 Wednesday 08:00 - 23:00 Thursday 08:00 - 23:00 Friday 08:00 - 23:00 Saturday 08:00 - 23:00 Sunday 10:00 - 22:30
Licensable activities authorised by the licence
Supply of Alcohol
1 Page 32
Times the licence authorises the carrying out of licensable activities
Supply of Alcohol Monday - Saturday 08:00 - 23:00 Sunday 10:00 - 22:30
Where the licence authorises supplies of alcohol whether these are on and / or off supplies
Alcohol is supplied for consumption off the Premises
2 Page 33
Part 2
Name, (registered) address, telephone number and email (where relevant) of holder of premises licence
Mr Roland Balogun & Mrs Irena Gornak Top Save Supermarket 37 Westow Hill London SE19 1TQ
Landline Telephone contact details 020 8670 4809
Registered number of holder, for example company number, charity number (where applicable)
Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol
Roland Balogun Top Save Supermarket 37 Westow Hill London SE19 1TQ
Landline Telephone contact details 020 8670 4809
Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol
Party Reference: 00450 Licensing Authority: LB Lambeth
Signed:……………………
On Behalf of the Head of Environmental Health
Dated:……………………. 3 Page 34
Annex 1 – Mandatory conditions
1 MANDATORY CONDITIONS
1. No supply of alcohol may be made under this licence:
a) At a time that there is no designated premises supervisor in respect of the premises licence; or b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
2. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4 Page 35
Annex 2 – Conditions consistent with the Operating Schedule
1 GENERAL - ALL FOUR LICENSING OBJECTIVES
EMBEDDED RESTRICTIONS
For the purpose of paragraph 6(8) of Schedule 8 to the Licensing Act 2003 this licence is subject to the effect of restrictions contained in the Licensing Act 1964, the Children and Young Persons Act 1933, Cinematograph (Safety) Regulations 1955 and the Sporting Events (Control of Alcohol Etc) Act 1985,which include, but may not be limited to, the following:
(1) Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours mean:
a. On Monday to Saturday, other than Christmas Day, 8 am to 11pm.
b. On Sundays, other than Christmas Day, 10 am to 10.30pm.
c. On Christmas Day, 12 noon to 3pm and 7pm to 10.30pm.
d. On Good Friday, 8am to 10.30pm.
The above restrictions do not prohibit:
(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purpose of the trade or club;
(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
The premises licence holder will promote the four licensing objectives
2 PREVENTION OF CRIME AND DISORDER
The premises licence holder or the designated premises supervisor shall ensure that the CCTV is maintained in working order, that recordings are retained for an appropriate period of time.
The premises licence holder shall ensure staff are carefully selected and trained to be non- confrontational when dealing with potentially dangerous situations.
The premises licence is to liaise with local police to uphold the crime prevention initiative.
5 Page 36
3 PUBLIC SAFETY
The premises licence holder shall ensure that the premises is operated in a manner that is generally considered safe under Health and Safety regulations.
The premises licence will ensure that the on-going maintenance arrangements are adhered to, to maintain a safe environment for customers and staff alike.
4 PREVENTION OF PUBLIC NUISANCE
The premises licence should be familiar with their responsibility under this objective.
5 PROTECTION OF CHILDREN FROM HARM
The premises licence holder should be aware of his/her duties in respect of children under this objective.
The premises licence holder or designated premises supervisor or persons acting under their authorisation, shall when deemed necessary, request for proof of age, such as photo-driving licences, PASS accredited proof of age cards, student cards, and passports.
Prominent notices shall be displayed at points of sale advising customers that they may be asked to provide proof of age.
6 Page 37
Annex 3 – Conditions attached after a hearing by the licensing authority
7 Page 38
London Borough of Lambeth Public Protection 2 Herne Hill Road London SE24 0AU Tel: 020 7926 6108
Part B
Licensing Act 2003 Premises Licence Summary
Premises Licence Number 05/03095/PRMCON/466
Part 1 – Premises Details
Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code
Top Save Supermarket 37 Westow Hill London SE19 1TQ
Telephone number 020 8670 4809
Where the licence is time limited the dates -
The opening hours of the premises
Monday 08:00 - 23:00 Tuesday 08:00 - 23:00 Wednesday 08:00 - 23:00 Thursday 08:00 - 23:00 Friday 08:00 - 23:00 Saturday 08:00 - 23:00 Sunday 10:00 - 21:00
Licensable activities authorised by the licence
Supply of Alcohol
Times the licence authorises the carrying out of licensable activities
Supply of Alcohol Monday - Saturday 08:00 - 23:00 Sunday 10:00 - 22:30
8 Page 39
Where the licence authorises supplies of alcohol whether these are on and / or off supplies
Alcohol is supplied for consumption off the Premises
Name, (registered) address of holder of premises licence
Mr Roland Balogun & Mrs Irena Gornak Top Save Supermarket 37 Westow Hill London SE19 1TQ
Registered number of holder, for example company number, charity number (where applicable)
Name of designated premises supervisor where the premises licence authorises for the supply of alcohol
Roland Balogun
State whether access to the premises by children is restricted or prohibited
9 This page is intentionally left blank Page 41 This page is intentionally left blank Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Agenda Item 4b
Application 2 APPENDIX 2
Applicant’s name Mr Lee Florentino
Name and address of premises Event Space, Windrush Square Brixton Road, London SW2 1JQ
Ward Coldharbour Consultation: Department(s) or Consulted? Date Comments Organisation(s) (y/n) response summarised in received report? (y/n) Internal Health & Safety Section Y 28.08.2014 Y Noise Service Y Social Services Y Licensing Service Y Town Planning Y Trading Standards Y 13.08.2014 N External Fire Authority Y 12.08.2014 N Police Licensing Unit Y 02.09.2014 Y Health Authority Y
1. Current Licence
1.1 This is a new application and there is no licence currently in place at the property.
2. Application
2.1 An application was made by Lee Florentino for a new premises licence for the following times and licensable activities;
The Provision of Plays, Films, Live Music, Recorded Music, Performance of Dance and the Provision of Similar Entertainment; Sunday to Thursday 10:00 – 21:00 Friday and Saturday 10:00 – 23:00
The application also request the terminal hour of 23:00 for the above regulated entertainment on any day preceding a bank holiday.
A copy of the application and plan of the event site is appended to the report.
3. Details of Representation(s)
3.1 Two representations were received to this application; these were from Ms Harris, from Lambeth’s Food Health and Safety Team and the Police.
3.2 In her representation, Ms Harris, requested a number of conditions to be attached to Page 52
any premises licence which is granted;
1. A restriction on food cooking activity permitted at the premises in particular BBQ’s, grills, jerk pans etc. unless the food vendor is able to prevent the migration of smoke and cooking odours interfering with the nearby roads, businesses or residential properties.
2. The applicant should locate traders in the space so as not to cause nuisance from cooking odours or smoke to other residents or businesses or main road. Hot food traders should only be permitted to operate in the area if they are using smokeless fuels. We would advise that a limit is set on the number of BBQ’s, jerk pans etc. permitted on site at any one time.
3. In the interest of the licensing objectives mentioned above the location of the premises and its current state is suitable for the retail sale of food such as pre made cakes, sandwiches, cheese, salads, patties, ice creams and other such products that do not require cooking on site to prevent public nuisance and in the interest of public safety.
4. Any permitted food vendors should be located on level ground or a level platform suitable for this purpose to ensure all equipment is stable to prevent injury.
5. Equipment from food vendors should be enclosed with the vendors stall to prevent access to the public.
At the time of making the representation, none of the conditions have been accepted. Copies of the representations are appended to this report.
3.5 Since January 2014, the following TEN’s were given in respect of events held on this premises;
From 17:00 until 23:00 on 22 and 23 May From 11:00 until 14:30 on 22 March From 17:00 until 23:00 on 28 and 29 March From 13:00 until 16:00 on 19 April From 16:00 until 18:00 on 20 April From 19:00 until 03:00 on 25 and 26 April From 17:00 until 23:00 on 23 and 24 May From 12:00 until 17:00 on 21 June From 11:00 until 00:00 on 26 June From 14:00 until 23:00 on 27 and 28 June From 12:00 until 22:00 on 5 July From 20:00 until 23:30 on 24 July From 20:00 until 23:00 on 20 September From 20:00 until 23:00 on 28 September Page 53
4. Observations
4.1 The parts of the Statutory Guidance that are particularly relevant to this application and the representations received are Chapters:
3 – Licensable Activities; 8 – Applications for Premises Licences; 9 –Determining Applications; 10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
4.2 The parts of the Statement of Licensing Policy that are particularly relevant to this application and the representations are Sections:
1. Introduction 2. Principles and Aspirations 3. Scope and Purpose 4. Location of Premises and Hours of Operation 5. The Licensing Objectives 6. The Prevention of Crime and Disorder 8. Prevention of Public Nuisance 10. Conduct of Licence Holders and DPS 11. Compliance with other Legislation 16. Applications 4.3 The premises is an open space on Brixton Road, at the junction with Coldharbour Lane. The Licensing Policy designates that this a major town centre and strategic cultural area. The Policy does not mention event spaces specifically and therefore this area would fall into the category of ‘Other Entertainment Venues’ where the terminal hour for licensable activities. However, it is worth noting that it is recommended that the terminal hour for off licenses within major town centres, and if there is a problem with street drinking, is midnight. This application is not requesting hours outside of this.
4.3 A map showing the location of the venue and photographs will be supplied at the meeting. This page is intentionally left blank Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 This page is intentionally left blank Page 75 This page is intentionally left blank Page 77
Memo to: Licensing At: (by email)
From: Ciara Harris Date: 28 August 2014 Re- Lambeth Events And Film Service - Windrush Square Open Space Effra Road London
Our Ref: 14/01368/PRMNEW - Prem1788
Subject: LICENSING ACT 2003 – Application for Premises Licence (new application)
The content of this memo is confidential and intended for the addressee only. If you wrongly receive this memo, please return to sender immediately.
Dear Pamela
The applicant has not stated if there is to be a provision for catering facilities therefore I feel it prudent to include conditions outlining what measures that would be expected to be in place.
If food is to be provided, the applicant must ensure that they and their vendors are compliant with all relevant Food, Health and Safety Regulations and Lambeth’s Food, Health and Safety Policy. Food vendors must return the ‘Food Market Traders Questionnaire’ and supporting documentation to Lambeth Food Health & Safety Team 28 days before any event.
If the licensing committee were minded to grant a new premises licence we would suggest the following: A restriction on food cooking activity permitted at the premises in particular BBQ’s, grills, jerk pans etc. unless the food vendor is able to demonstrate they have suitable extractor ventilation that will prevent the migration of smoke and cooking odours interfering with the nearby roads, businesses or residential properties. In the interest of the licensing objectives mentioned above the location of the premises and its current state is suitable for the retail sale of food such as pre made cakes, sandwiches, cheese, salads, patties, ice creams and other such products that do not require cooking on site to prevent public nuisance and in the interest of public safety. Any permitted food vendors should be located on level ground or a level platform suitable for this purpose to ensure all equipment is stable to prevent injury. Equipment from food vendors should be enclosed with the vendors stall to prevent access to the public.
London Borough of Lambeth Consumer Protection & Sustainability 5th floor, Blue Star House Telephone: 020 7926 6108 234-244 Stockwell Road Facsimile: 020 7926 6150 London SW9 9SP www.lambeth.gov.uk This page is intentionally left blank Page 79 Page 80 Page 81 This page is intentionally left blank Page 83 Agenda Item 4c
Application 3 APPENDIX 3
Applicant’s name T Jennings and Co C.I.C
Name and address of premises Brixton Night Market, Windrush Square Brixton Road, London SW2 1JQ
Ward Coldharbour
Consultation:
Department(s) or Consulted? Date Comments Organisation(s) (y/n) response summarised in received report? (y/n) Internal Health & Safety Section Y 27/08/2014 Y Noise Service Y 13/08/2014 Y Social Services Y Licensing Service Y Town Planning Y Trading Standards Y 25/07/2014 Y External Fire Authority Y 06/08/2014 N Police Licensing Unit Y 14/08/2014 Y Health Authority Y
1. Current Licence
1.1 This is a new application, there is no licence currently in place at the property.
2. Application
2.1 An application was made by T Jennings & Co C.I.C for a new premises licence for the following times and licensable activities;
Live Music Friday and Saturday 17:00 – 21:30
Recorded Music Friday - Saturday 17:00 – 23:00
Performances of Dance Friday - Saturday 17:00 - 21:30
Similar Entertainment Friday - Saturday 17:00 - 21:30
Supply of Alcohol Friday and Saturday 17:00 - 23:00
A copy of the application is appended to this application. Page 84
3. Details of Representation(s)
3.1 Six representations were received to this application. These were from Lambeth’s Noise Service, Environmental Health Food Team and Trading Standards Team, a Ward Councillor and the Brixton Society.
3.2 In support of the application and in response to the representations received, Ms Jennings provided the following documents to each of the people making representations; Premises Address Letter Community Profile
A copy of these documents has been appended to this report.
3.3 Following the provision of the aforementioned documents and the acceptance of the conditions below, both Lambeth’s Trading Standards Service and Environmental Heath Food Team withdrew their representations.
1. Market managers should suitably locate traders on the square so as not to cause nuisance from cooking odours or smoke to other residents or businesses.
2. Hot food traders should only be permitted to operate on the square if they are using smokeless fuels.
3. The Applicant must ensure that they and their vendors are compliant with all relevant Food, Health and Safety Regulations and Lambeth’s Food, Health & Safety Policy.
4. New food vendors must return the ‘Food Market Traders Questionnaire’ and supporting documentation to Lambeth Food Health & Safety Team 28 days before any event.
5. Any permitted food vendors should be located on level ground or a level platform suitable for this purpose to ensure all equipment is stable to prevent injury.
6. Cooking equipment from food vendors should be enclosed with the vendors stall to prevent access to the public.
Copies of the representations have been appended to this report
3.4 Additionally and in support of their application, the applicants have provided a copy of the Terms of Hire, which was agreed with Lambeth’s Event Service, for the use of Windrush Square. This document details the requirements and conditions the Night Market must comply with. A copy of this document has been appended to this report. Page 85
3.5 In their representations, Lambeth’s Noise Service requested the reduction of hours until 22:00 for all licensable activities and the following conditions be attached to any premises licence granted;
A. There shall be no supply of alcohol in the public open space (Windrush Square).
B. There shall be no live music in the public open space (Windrush Square).
C. There shall be no recorded music in the public open space (Windrush Square). D. The public open space (Windrush Square) must not be hired out to DJ’s or promoters.
E. Management/staff shall proactively monitor Windrush Square all times whilst trading for the purposes of litter patrol/clearance. All packaging/containers/drink cans/food waste discarded on the public highway on and directly outside the premises shall be collected and appropriately disposed of.
F. Any patrons deemed to be making undue noise/shouting or behaving in an anti-social manner, shall be verbally advised to refrain from doing so and asked to leave the premises/area quietly.
At the time of writing the report, none of the above conditions suggested by the 3.6 Noise Service have been accepted by the applicant.
3.7 Since January 2014, the following TEN’s were given in respect of events held on this premises;
From 17:00 until 23:00 on 22 and 23rd May From 11:00 until 14:30 on 22 March From 17:00 until 23:00 on 28 and 29 March From 13:00 until 16:00 on 19 April From 16:00 until 18:00 on 20 April From 19:00 until 03:00 on 25 and 26 April From 17:00 until 23:00 on 23 and 24 May From 12:00 until 17:00 on 21 June From 12:30 until 14:30 on 26 June From 14:00 until 23:00 on 27 and 28 June From 12:00 until 22:00 on 5 July From 20:00 until 23:30 on 24 July From 20:00 until 23:00 on 20 September From 20:00 until 23:00 on 28 September Page 86
4. Observations
4.1 The parts of the Statutory Guidance that are particularly relevant to this application and the representations received are Chapters:
3 – Licensable Activities; 8 – Applications for Premises Licences; 9 –Determining Applications; 10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
4.2 The parts of the Statement of Licensing Policy that are particularly relevant to this application and the representations are Sections:
1. Introduction 2. Principles and Aspirations 3. Scope and Purpose 4. Location of Premises and Hours of Operation 5. The Licensing Objectives 6. The Prevention of Crime and Disorder 8. Prevention of Public Nuisance 10. Conduct of Licence Holders and DPS 11. Compliance with other Legislation 16. Applications
The premises is an open space on Brixton Road, at the junction with Coldharbour Lane. The Licensing Policy designates that this a major town centre and strategic cultural area. The Policy does not mention event spaces specifically and therefore this area would fall into the category of ‘Other Entertainment Venues’ where the terminal hour for licensable activities. However, it is worth noting that it is recommended that the terminal hour for off licenses within major town centres, and if there is a problem with street drinking, is midnight. This application is not requesting hours outside of this.
4.3 A map showing the location of the venue and photographs will be supplied at the meeting. Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 This page is intentionally left blank Page 111
TERMS & CONDITIONS
FOR THE HIRE OF
A LAMBETH PARK OR OTHER OPEN SPACE
Name of Event: Brixton Night Market - August Venue: Windrush Square Date/s: 29/08/2014 to 30/08/2014
Issued by Lambeth Council Events Service 2013
Version 10 – 31.07.2013
Lambeth Council’s Events Service recommends that all hirers of the site that are obtaining a premises Licence opt to use these terms and conditions as their operating schedule.
Page 112
TERMS & CONDITIONS FOR THE HIRE OF A PARK OR OPEN SPACE
In these Terms & Conditions:
The Council means the Mayor, and Burgesses of the London Borough of Lambeth
The Hirer means the person named on the application form for the hire of a Lambeth Park or Open Space for an event or function.
Agent means any sub contractor or supplier employed by the Hirer.
The Park means a Lambeth Park or Open Space including Commons.
Premises means a designated area within a Lambeth Park or Open Space being hired.
Event means event or function.
His means his or her.
He means he or she.
The Officer in Charge (OIC) means the person, for the time being appointed by the Council, to enforce the following Terms & Conditions, and to be generally responsible for matters concerning the Council, arising out of the hire of the park, space or common. The responsibilities of the OIC in no way absolve the Hirer from his obligations to the Council under any of these Terms & Conditions.
APPENDICES:
Appendix 1 Contact Telephone Numbers. Appendix 2 Reportable Incidents - Injuries and Dangerous Occurrences. Appendix 3 Handover / Takeover Certificate. Appendix 4 Conduct of Drivers in Clapham Common Appendix 5 Three Strike Rule
REFERENCES:
Environmental Protection Act 1990 and all associated regulations. Environment Act 1995 and all associated regulations. Health & Safety at Work Act 1974 and all associated regulations. Disability Discrimination Act 1995. Food Safety Act 1990 and all associated regulations. Construction (Health, Safety and Welfare) Regulations 1996 and all associated regulations. Control of Substances Hazardous to Health Regulations (COSHH) 2002 Highly Flammable Page 113
Liquids and LPG Regulations 1972 LPG Association Code of Practice Part 7 Event Safety Guide: Guide to Health and Safety at Music and Similar Event (revised 1999). Fairgrounds and Amusement parks – Guidance on Safe Practice 1997. Licensing Act 2003 and all associated references
CONTENTS
1. Introduction Page 5 2. Application Page 5 3. Confirmation Page 5 4. Indemnity Page 5 5. Payments Page 5 6. Public liability insurance Page 6 7. Equipment insurance Page 7 8. Cancellation/ Closure of event Page 7 9. Reporting of injuries and dangerous occurrences Page 7 10. Site plans Page 7 11. Temporary structures Page 8 12. Public events Page 8 13. Licensing Act 2003 Page 8 14. Disability Discrimination Act Page 9 15. Registration of door supervisors & specific security Page 9 16. Catering Page 9 17. Noise levels Page 9 18. Public address, speaker and music sound systems Page 9 19. Health and safety – general Page 10 20. Health and safety – construction and take down Page 10 21. Three Strike Rule Page 10 22. Health and safety – management of risk Page 11 23. Site inspection and handover/ takeover Page 11 24. Vehicle access Page 12 25. Vehicle parking Page 12 26. Electric buggy driving Page 12 27. Advertising signs/ Banners Page 12 28. Directional signage Page 13 29. Care of tarmac areas Page 13 30. Care of grass areas Page 13 31. Care of trees Page 14 32. Electricity Page 15 33. Telephone lines Page 15 34. Water and mains drainage Page 15 35. Toilets Page 15 36. Liquefied petroleum gas (LPG) & flammable materials Page 16 37. Litter, bins and recycling Page 16 38. Emergency services Page 16 39. First aid Page 16 Page 114
40. Children and vulnerable people Page 16 41. Funfair rides and amusements Page 17 42. Sun safety Page 17 43. Body piercing or tattooing Page 17 44. Animals Page 17 45. Adult entertainment Page 17 46. Graffiti Page 17 47. Bonfires Page 17 48. Helicopters Page 17 49. Hot air balloons Page 18 50. Pyrotechnics Page 18 51. Lasers Page 18 52. Smoke effect machines Page 18 53. Wind effect machines Page 18 54. Strobe lighting Page 18 55. Replica weapons Page 18 56. Filming/ Live broadcast Page 19 57. Caravans/ Camping Page 19 58. Signatories Page 27
Appendix 1; Contact Telephone Numbers Page 10 Appendix 2; Reportable Incidents Page 21 Appendix 3; Part 1 Handover/ Takeover Certificate Page 22 Part 2 Takeover of site from Hirer Page 23 Appendix 4; Conduct of Drivers Page 24 Appendix 5; Three Strike Rule Page 25
Page 115
1. INTRODUCTION
1.1. Set out below are the Terms & Conditions which regulate the hire of a Lambeth Park or Open Space. These Terms & Conditions are designed to protect the interests of the Hirer and the Council and are to the entire exclusion of all other terms and conditions and are submitted alongside the Events Service In Principle Agreement and Tenancy Permit.
2. APPLICATION
2.1. All applications for the hire of a Lambeth Park or Open Space are to be made on the Application Form for the use of a Lambeth Park or Open Space for an event or function and are personal to the Hirer.
3. CONFIRMATION
3.1. No event application shall be accepted until the Hirer receives an in principal booking agreement from the OIC and returns a signed copy to the OIC. Hirers should note that the Council accepts no responsibility or liability for the cancellation of an event due to the refusal of any authorisation under the Licensing Act 2003, or relevant Building Control or Planning Permissions or other circumstances stipulated in the Terms & Conditions for the Hire of a Lambeth Park or Open Space.
4. INDEMNITY
4.1. The Hirer shall indemnify and keep indemnified the Council from and against any and all loss damage or liability (whether criminal or civil) suffered (and legal fees and costs incurred) by the Council arising directly or indirectly in connection with these terms and conditions including:
(a) any act neglect or default of the Hirer or its servants or agents; and (b) breaches in respect of any matter arising from the hire resulting in any successful claim by any third party
The Council shall not be liable to the hirer for the death of or injury to the Hirer or its servants or agents or loss or damage to the Hirer’s property unless due to the negligence of the Council or its servants or agents. Page 116
The Council shall not be liable for any consequential losses to the Hirer howsoever caused
5. PAYMENTS
5.1. Application Fee: The Hirer shall agree to pay the non refundable application fee as laid down by the OIC in order to process an event application. Non payment of this fee will result in the application being automatically rejected.
Payment Terms: Payable with Application
5.2. Booking Fee: The Hirer shall agree to pay the non refundable booking fee as laid down by the OIC in his in principal booking agreement. Until the Council receives the booking fee the date will not be reserved for hire and will be available to other applicants.
Payment Terms: within 14 days from issue of In-Principle Agreement
5.3. Site Hire Fee: The Hirer shall be required to pay a site hire fee as laid down by the OIC in his in principal booking agreement. If payment is not received by the date shown on the agreement and invoice, the Council reserves the right to automatically cancel the application. Cancellation fees will apply.
Payment Terms: 14 Days from licence confirmation or 60 days before the event, whichever is sooner
5.4. Grounds Damage Deposit: The Hirer shall be required to pay a Grounds Damage Deposit as laid down by the OIC in his in principal booking agreement. This is for any damage to the ground whilst the event is on site. If payment is not received by the date shown on the invoice, the Council reserves the right to automatically cancel the application. This deposit is refundable after a post event site inspection, providing no damage to the site is caused and no cleaning needed which has been attributed by the event. Cancellation fees will apply. Payment Terms: 30 Days before the event and issue Tenancy Permit
5.5. Environmental Impact Fee: The Hirer shall be required to pay the non refundable environmental impact fee as laid down by the OIC in his in principal booking agreement. If payment is not received by the date shown on the invoice, the Council reserves the right to automatically cancel the application. Cancellation fees will apply. Payment Terms: 30 Days before the event and issue Tenancy Permit
5.6. Additional Charges: The Hirer shall agree to pay for all additional services requested of, and provided by the Council, as agreed in advance.
5.7. Value Added Tax (VAT): The Hirer shall agree to pay any VAT that may be chargeable on any payments.
5.8. Cheques: Cheques shall be made payable to London Borough of Lambeth and forwarded to: Lambeth Events and Filming Service, Lambeth Town Hall, Brixton Hill, London, SW2 1RW. A receipt will be issued by return of post if required.
5.9 Invoices: Invoices can be sent to The Hirer upon request for all fees except the Application Fee.
Page 117
5.10 Card Payments: Payment by card is accepted. Please contact the Lambeth Events Service for processing. Please note that there is a 1.65% charge for use of credit cards.
5.11 Post Event Damage Costs: On completion of the event, all post event damage and cleaning costs shall be consolidated and sent to the Hirer listing all relevant charges. Should the Hirer have any queries, he should contact the OIC immediately. Seven days after the issue of the post event damage communication, the council shall process any outstanding funds from the grounds damage deposit to be returned to the Hirer.
6. PUBLIC LIABILITY INSURANCE
6.1. The Hirer shall ensure that he has Public Liability Insurance Cover of a minimum of £5,000,000 and shall provide the OIC with proof of insurance cover, or such other sum as the Council will accept. If you have any high risk activities at your event (e.g. pyrotechnics) a minimum of £10,000,000 cover will be required. High risk activities will be identified by the OIC.
If the OIC considers that the Hirer's policy of insurance does not give sufficient cover, the OIC will require the Hirer to effect appropriate cover, and the Hirer will immediately effect such insurance as the OIC requires and provide proof.
6.2. The Hirer shall further ensure that all his Agents\Sub-Contractors shall each have Public Liability Insurance Cover of a minimum of £5,000,000 and shall provide the OIC with proof of insurance cover on request.
7. EQUIPMENT INSURANCE
7.1. The Council accepts no responsibility or liability for the loss, damage or theft of any equipment or other effects associated with the event. Furthermore, the Hirer shall ensure that equipment hired from the Council is fully insured.
8. CANCELLATION / CLOSURE OF EVENT
8.1. The OIC reserves the right to terminate the hire of a Lambeth Park or Open Space if it transpires that the proposed use may cause public offence or bring the Council into disrepute.
8.2. The OIC also reserves the right to cancel, delay or close the event due to inclement weather, in the interests of public safety and public health. This will be done in consultation with the Hirer and their Event Safety Manager and with the advice from relevant statutory bodies.
8.3. In the case of any such aforementioned circumstances, the booking fee and other fees are non-refundable should the event be cancelled on event days. The Council accepts no responsibility or liability whatsoever for the cancellation, delay, closure or loss of earnings of the event, or any other attributable losses or damages. The council advises that the Hirer should have in place sufficient cancellation insurance to cover any loses that they may incur.
8.4. All cancellations by the hirer must be made in writing to Lambeth Events Service at the address set out in the Schedule and formally acknowledged. In the event of Hired Spaces/Services/Goods being cancelled for whatever reason, the Client shall be liable to pay cancellation fees:
Lambeth Events Service Cancellation Policy
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After Receipt of Application Form Non Refundable - 100% Application Fee
After Receipt of Signed Agreement Non Refundable - 100% Booking Fee & 50% Site Hire Fee Within 60 Days of your event 100% Site Hire Fees, 100% Build & Derig Fees is due Within 30 Days of the event date 100% of the total Site Hire Fee, Build & Derig Fees, Environmental Impact Fee is due
9. REPORTING OF INJURIES AND DANGEROUS OCCURRENCES
9.1. The Hirer shall have a system in place to inform the emergency services immediately of any serious injury, or dangerous occurrences that affects public safety and should inform the Incident Contact Centre on 0845 300 99 23 as soon as possible.. The centre is manned 24hours a day and the appropriate form can be completed over the phone. The Hirer shall inform the OIC as soon as possible.
9.2. If an incident occurs outside normal hours or at weekend the above procedure shall also be followed, it shall also be reported to the OIC via telephone.
9.3. A full list of reportable incidents is attached at Appendix 2 to this document but for a more up to date and further information please log onto www.hse.gov.uk or contact the council’s health and safety office at Blue Star House, 234 – 24 Stockwell Road, London, SW9 9SP
10. SITE PLANS
10.1. The Hirer shall submit to the OIC, confirmed site plans for the event a minimum of 4 weeks prior to the event.
10.2. The site plans shall contain all information relating to the position of structures and the Hirer’s requirements for electricity and water supplies.
11. TEMPORARY STRUCTURES
11.1. Temporary structures will be required to have a sign-off sheet to be completed by the installer.
11.2. The Hirer shall provide to the OIC on request, all relevant test certificates and technical details relating to structures to be constructed at his event.
11.3. Any event that requires a Building Control inspection may be subject to a fee for the inspection. The Hirer shall ensure that he contacts the Council’s Building Control Service to seek advice as required.
11.4. The Council accepts no responsibility or liability for the cancellation or closure of the event due to failure to comply with Building Control Regulations. Lambeth Council Building Control Service, Phoenix House, 10 Wandsworth Road, London SW8 2LL and for further information please log onto Lambeth’s website on www.lambeth.gov.uk.
12. PUBLIC EVENTS
12.1. Authorised officers from the council, metropolitan police, London Fire and Emergency Planning Authority with regulatory responsibilities require access to inspect the site at any time. The Hirer shall ensure that he/she contacts the relevant sections of the council and Page 119
external agencies to seek advice as required at least three months before the event.
12.2. Adequate provisions shall be made to ensure that authorised officers are granted appropriate access to the relevant part of the site at all times.
12.3. The Council accepts no responsibility or liability for the cancellation or closure of the event due to failure to comply with instructions issued by an authorized officer with regulatory responsibility.
12.4. The Hirer shall ensure that means are put into place so that the number of people on site can be provided to any authorised officer upon request.
13. LICENSING ACT 2003
13.1. The Hirer shall comply with the Licensing Act 2003. The Hirer shall ensure that he contacts the Council’s Public Protection Services Division, to seek advice as required.
13.2. A Licence issued by the Council’s Public Protection Services Division, shall be required for events involving any of the following activities: The sale or supply of alcohol, The provision of entertainment, The showing of films or plays, All indoor sporting events, Outdoor boxing or wrestling matches, The performance or playing of live or recorded music, Performances of dance or the provision for dancing or music making, The supply of any hot food or drink between 11pm and 5am
13.3. The Hirer shall ensure that his Licence application is submitted to Public Protection Services, at least 3 months prior to the event.
13.4. The Hirer shall seek the prior permission of the OIC to have alcohol or entertainment at his event.
13.5. The Council accepts no responsibility or liability for the cancellation of the event due to the refusal of a Licence.
14. DISABILITY DISCRIMINATION ACT (DDA)
14.1. The Hirer shall ensure that suitable facilities for people with disabilities are provided in accordance with the Disability Discrimination Act 1995.
15. REGISTRATION OF DOOR SUPERVISORS AND SPECIFIC SECURITY STAFF
15.1. The Hirer shall ensure that any individual at the premises who is required to carry out a security activity (an activity to which paragraph 2(1)(a) of Schedule 2 of the Private Security Industry Act 2001 applies, and is licensable conduct for the purpose of the Act) must be authorised or otherwise entitled to carry out that activity. For further information please contact the SIA direct or log onto their website on www.sia.gov.uk
15.2. The Council accepts no responsibility or liability for the cancellation or closure of the event due to failure to comply with the regulations for the registration of security staff.
16. CATERING
16.1. Catering facilities provided at public events, may be inspected by a Food Safety Officer at any time. The Hirer shall ensure that he contacts the Food Safety Officers, to seek advice as required.
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16.2. The Hirer shall contact the Food Safety Manager at 2 Herne Hill Road, SE24 0AU, complete and submit the outdoor catering events questionnaire at least 6 weeks before the event, and ensure compliance with all relevant and current food safety legislation. Mobile catering units not deemed acceptable by Environmental Services shall be refused entry to a Lambeth Park or Open Space
16.3. All mobile catering units shall provide sufficient litter bins next to their units.
16.4 The Council accepts no responsibility or liability for the cancellation or closure of the event, or the closure of any individual catering units, due to failure to comply with instructions issued by an Environmental Health Officer.
16.5. The Hirer shall ensure that all beverages are decanted into plastic drinking containers.
17. NOISE LEVELS
17.1. The Hirer shall ensure compliance with the noise levels as set by the council’s noise officers or as indicated within the premises Licence. The Hirer shall liaise closely and co- operate with officers from the noise pollution section and respond positively to the OIC or any request from duly authorised officers regarding volume or bass amplitude.
17.2. If levels of noise continue to be a nuisance after the Hirer has been warned by either the OIC or the Council’s Public Protection Services Division, then the source of the noise shall be shut down.
17.3. The Council accepts no responsibility or liability for the cancellation or closure of an event due to unacceptable noise nuisance.
17.4. Music system or band sound checks shall only take place with the prior permission of the noise officers and the OIC and the time of any sound checks shall be agreed in advance.
18. PUBLIC ADDRESS, SPEAKER AND MUSIC SOUND SYSTEMS
18.1. In the first instance, the Hirer shall consult the noise officers about the siting and direction of all public address, speaker and music sound systems to be used at his event.
18.2. In case of an emergency, appropriate means of alerting and addressing the public attending an event shall be in place.
18.3. Further advice can be sought from the Council’s Public Protection Division.
19. HEALTH AND SAFETY – GENERAL
19.1. The Hirer shall be responsible for the overall management of his event and shall further be responsible for the health and safety of his employees and Agents\Sub-Contractors, and their compliance with the provisions of the Health and Safety at Work Act 1974, the Environmental Protection Act 1990 and the Environment Act 1995 and all supplemental legislation and guidance.
19.2. The Hirer shall appoint the following staff prior to his event. They shall be the first to arrive on the site and the last to leave it on conclusion of the event. The Hirer shall inform the OIC of the name/s of the appointed staff prior to the event including Site Manager –Health and Safety Officer and Fire Officer –Evidence of previous relevant experience or qualification for each individual shall be submitted to the OIC, at least 30 days prior to the event. Page 121
19.3. Dependent on the risk assessment of the event, and with the prior agreement of the OIC, the above roles may be combined and carried out by one individual.
19.4. The Hirer shall provide the OIC with a breakdown of the individual responsibilities of the above staff and their contact telephone numbers on request.
19.5. The Hirer shall be able to provide any authorised individual with the number of people on site at the time of the request.
19.6. The hirer shall ensure that a competent Event Manager is employed to run the event. The OIC may request evidence of competency.
20. HEALTH AND SAFETY – CONSTRUCTION AND TAKE DOWN
20.1. The Hirer shall be responsible for the health and safety of members of the public using the Lambeth Park or Open Space, who enter the area of the event during the construction, event, and take down phases.
20.2. The Hirer shall further ensure that the Construction (Health, Safety and Welfare) Regulations 1996 are adhered to, and the necessary warning signs e.g. Hard Hat Area, are prominently displayed. All signage is to conform to the Health and Safety (Safety Signs and Signals) Regulations 1996.
21. Three Strike Rule
21.1 When signing the parks hire agreement event organizers agree to commit to all the relevant regulations and by-laws.
21.2 Lambeth Council monitoring officers onsite at an event will be able to issue a strike notice for breach of terms and conditions.
21.3 Each strike notice will be signed and countersigned by two council officers agreeing that a by-law or regulation has been breached.
21.4 Thirty minutes is given to the organiser to rectify the situation or signed off undertaking to rectify within an agreed period. If it hasn’t been rectified a second strike is issued and a further thirty minutes given. If the breach is still not resolved a third strike will be issued.
21.5 If three strikes are issued relating to the same or different issues the event organiser forfeits the right to apply to hold events on any of Lambeth’s Parks, Commons or open spaces for a period up to 24 months.
21.6 If one or two strike notices are are received but the breaches have been resolved they will be permitted to apply for a following year. The strike notices will be kept on file.
21.7 An event organiser issued with three or more strike notices has the right to appeal within 10 working says from the final live event day. The appeal must be made in writing to the events team detailing why the situations arose and why they were unable to be dealt with in the allocated time.
21.8 The appeal will be reviewed by the events team and if necessary in consultation with stakeholders.
21.9 The decision will be issued in writing within 24 working days from the date of receipt of Page 122
the appeal
21.10 Once a decision on appeal has been made there is no second appeal channel and the decision stands.
22. HEALTH AND SAFETY – MANAGEMENT OF RISK
22.1. The Hirer shall submit a written Event Safety Plan (in line with Health and Safety Act 1974 etc) to the OIC at least 60 days prior to the event (draft copy). A final copy shall be submitted to the OIC at least 5 days prior to the event. Lambeth Events Service will expect all Event organisers to be fully engaged with constant dynamic risk assessments updating all documents accordingly up to the event operational days. The plan shall include the proposed organisation and arrangements for managing health and safety, the identification of hazards, an assessment of risks, and how these are going to be eliminated or controlled.
22.2. Should the written Event Safety Plan not be received by the OIC in the timescales laid down above, and the Council’s Public Protection Services Division where appropriate prior to the event, the event shall not be allowed to go ahead.
22.3. The Council accepts no responsibility or liability for the cancellation of an event due to the Hirer not complying with the conditions relating to the Management of Risk.
23. SITE INSPECTION AND HANDOVER / TAKEOVER
23.1. Before any element of the event moves onto the allocated site within the Lambeth Park or Open Space, the Hirer or his appointed Site Manager shall report to the OIC.
23.2. When the OIC deems necessary a full inspection of the site shall be carried out and Part 1 of the Handover / Takeover Certificate, attached at Appendix 3 to the Terms & Conditions for the Hire of a Lambeth Park or Open Space shall be signed. The certificate shall note information such as ground conditions, existing ground damage, existing damage to services and litter on the site. Photographic evidence will also be used to ascertain the condition of the grounds.
23.3. The Hirer shall ensure that he issues the OIC and authorized officers from the public protection division with required “Access all Areas” passes on request.
23.4. When the OIC deems necessary after the event has left the site, the Hirer or his appointed Site Manager shall report to the OIC again. The site shall be inspected to check for any damage caused by the event, and Part 2 of the certificate shall be signed. Photographic evidence will also be used to ascertain the condition of the grounds.
23.5. The Hirer shall note that he is liable for the cost of any cleaning and repair that is directly attributable to his event. The cost will be deducted from the Grounds Damage Deposit and any additional amounts will then be invoiced to the hirer.
23.6 The Hirer shall ensure that all contractors remove their equipment / supplies by the specified date and time. Should any equipment / supplies remain on site beyond the agreed date and time; the Hirer shall be liable for any additional take down day charges.
23.7 The OIC may require at any time, access to any area of a licensed events site to carry out any emergency works necessary to ensure public safety. This will include works to services, ground and infrastructure. The council may at any time restrict public access to any area of a licensed events site to carry out such emergency works. Page 123
24. VEHICLE ACCESS
24.1. The regulations relating to the Conduct of Drivers in a Lambeth Park or Open Space is attached at Appendix 3 to the Terms & Conditions for the Hire of a Lambeth Park or Open Space. Failure to comply with these regulations may lead to £100 fine per incident as stated by the OIC
24.2. The Hirer shall notify the OIC, 24 hours in advance of deliveries by articulated vehicles. A banksman shall be provided by the Hirer, for access into and egress from the a Lambeth Park or Open Space
24.3. The Hirer shall ensure that all his employees and Agents\Sub-Contractors are briefed on the conditions relating to vehicle access, and given a copy of the Conduct of Drivers in a Lambeth Park or Open Space and a map of the relevant Lambeth Park or Open Space.
24.4. The Hirer shall seek permission from the OIC before the following types of vehicles may enter a Lambeth Park or Open Space: Cranes. Plant vehicles. Aerial platforms. Tracked vehicles. Double decker vehicles.
24.5. Where permission to use plant vehicles is granted, the Hirer shall ensure that the operation of all vehicles complies with the manufacturers recommended operating procedures with respect to load limitations, use of stabilisers, telescopic extensions etc.
24.6. The Hirer shall ensure that all plant operators are competent, experienced and in possession of the appropriate qualification, Licence or certificate.
24.7. The Hirer shall ensure that all vehicles operating within the park have a valid MOT certificate where applicable and that all drivers are in possession of the appropriate Licence and valid insurance.
24.8. The Hirer shall ensure that when stacking loads, the correct containers, pallets or stillages are used, and that stacking is only done on a level surface that will accept the size and weight of the load.
25. VEHICLE PARKING
25.1. Only essential vehicles shall be allowed to visit or park on event sites. The number of vehicles shall be agreed prior to the event with the OIC and the Hirer shall provide the OIC with a list of owner’s details on request.
26. ELECTRIC BUGGY DRIVING
26.1. Permission to drive electric buggies in a Lambeth Park or Open Space is extremely restricted. Permission shall be sought from the OIC in advance.
27. ADVERTISING SIGNS / BANNERS
27.1 Permission to erect advertising signs and banners requires planning consent. The Hirer shall ensure that all advertising material complies with the Park’s current consent.
27.2. Erection of signs / banners are permitted and approved by the OIC in advance. The OIC will inform organisers where and how many banners and type are permitted.
27.3. Wording, layout, size of all banners and marketing material to be displayed around a Page 124
Lambeth Park or Open Space will be approved by the OIC in advance. All signs / banners shall be removed immediately after the event has taken place.
27.4. Failure to comply with the removal of banners / advertising in the specified period shall result in the immediate removal of said banners / advertising by the OIC. In this instance the OIC shall levy a minimum charge of £250 + VAT to the Hirer.
27.5. No signs / banners shall be erected within a Lambeth park or Open Space (outside their event) for the advertising of any event or commercial concern or activity taking place outside a Lambeth Park or Open Space.
27.6. No fly posters or stickers shall be attached to any part of the fabric of a Lambeth Park or Open Space. The Hirer shall be responsible for all costs incurred for the removal of any fly posters or stickers, which can be directly attributed to his event.
27.7. The Hirer shall ensure that any admission charges being levied are stated clearly in all publicity literature and at the main entrance to the event, as required by the OIC.
28. DIRECTIONAL SIGNAGE
28.1. Permission to erect directional signage in a Lambeth Park or Open Space shall be sought from the OIC prior to the event.
28.2. Signage is not permitted to be erected on lamp posts or attached to any trees without prior consent from the OIC. All signage shall be removed immediately after the event has taken place.
28.3. The hirer shall ensure that any Highways directional signage, on roads leading to a Lambeth Park or Open Space, directs traffic to the appropriate gate for the event.
28.4 The hirer shall ensure that all safety and welfare facilities are signposted on site (e.g. first aid, drinking water, toilets etc)
29. CARE OF TARMAC AREAS
29.1. Any damage caused to a tarmac surface within a Lambeth Park or Open Space due to careless or bad pinning, or the spillage of substances that degrade the surface of the tarmac, shall be charged to the Hirer. The cost of the repair shall be determined by the Council’s Park’s Service and shall be non-negotiable.
29.2. No structure fixing pins shall be used on any footpath or roadway within a Lambeth Park or Open Space under any circumstances.
30. CARE OF GRASS AREAS
30.1. Trackway must be laid prior to any vehicles coming onto a Lambeth Park or Open Space failure to do so will result in a charge against any damage caused. The Hirer shall ensure that no vehicles drive on the grass without the prior permission of the OIC. Vehicles shall be parked off site, unless their positioning is crucial to the event.
30.2. Vehicles that are given permission to drive on the grass shall be driven carefully and at no more than 5 mph and with the hazard lights flashing. Vehicles shall avoid driving under the canopy of trees, making tight turns, rapid braking or acceleration. The aim is to ensure that there is no damage to, or rutting of, the grass surface as well as keeping the general public and event staff safe
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30.3. No plastic or rubber carpet underlay shall be placed on the grass at any time.
30.4. Coconut matting or similar materials shall not be laid on the grass for more than 3 consecutive days.
30.5. All wooden flooring shall incorporate an air gap of a minimum of 10cm.
30.6. No wooden flooring shall be laid on the grass for more than 5 consecutive days.
30.7. The Hirer shall ensure that no poles or stakes are driven into the ground without the prior permission of the OIC. This does not include structure fixing pins.
30.8. No cooking or fires shall be permitted on grass areas unless suitable protection is laid on the grass first, and permission has been sought from the OIC prior to the event.
30.9. No fuel, chemicals or other substances that may harm the grass, shall be positioned on grass areas.
30.10. The council accepts no liability for the cancellation of an event due to adverse weather conditions.
30.11. Any damage caused to the grass as a direct result of the event will be charged to the Hirer. The cost of the repair shall be determined by the Council’s Parks Service and shall be non-negotiable.
31. CARE OF TREES
31.1. The Hirer shall ensure that no vehicles park next to the base of trees. The Hirer will ensure that barriers are put around any relevant trees on the events site as soon as the Hirer starts event build as directed by the OIC. The following requirements for the minimum distance of vehicles from the base of trees shall be used: Cars – 2 metres. Vans, caravans and skips – 3 metres. HGVs, Coaches, Plant Vehicles and Generators – 5 metres.
31.2. No structure fixing pins shall be used beneath any tree canopy.
31.3. No structure shall touch or interfere with any tree canopy.
31.4. No tree or shrub shall be pruned under any circumstances.
31.5. No stores e.g. pallets or stacked flooring or heavy objects shall be unloaded or stacked under the tree canopy
31.6. No exhausts from heaters, generators etc shall be positioned next to the base of trees, and where possible, exhausts shall be directed away from the tree canopy.
31.7. No cooking or fires shall be permitted under the tree canopy.
31.8. No fuel, chemicals or other substances that may harm trees shall be positioned beneath the canopy of a tree.
31.9. Nothing shall be attached to trees without prior consent.
31.10. No trees shall be used to elevate any lighting, cabling or wiring, without prior permission from the OIC.
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31.11. Any damage caused to trees as a direct result of the event shall be charged to the Hirer. The cost of repair or replacement shall be determined by the Council’s Parks Service and shall be non-negotiable.
32. ELECTRICITY
32.1. All electrical works carried out by the Hirer or his Agents\Sub-Contractors, shall be carried out by a competent and qualified electrician who shall remain on site or on call whilst the event is open. All electrical installations shall comply with the Electricity at Work Regulations 1989 and the Electrical Equipment (Safety) Regulations 1994, and must be signed off by a competent person. The installation may be inspected at any time by the Council’s Electrician.
32.2. All cables, conductors, plugs and sockets etc shall be of the correct type, compatibility, size, current carrying capacity, and fulfill the legislative short circuit requirements. They shall also be properly insulated for the purpose for which they are intended. Any extension cables used shall be as short as possible and conform to BS EN 60309-2.
32.3. All generators, circuit boards and potentially dangerous installations shall be positioned away from flammable materials and be securely protected so as to deny access to all except competent and qualified employees or Agents\Sub-Contractors.
32.4. All generators shall be diesel powered, silent running and properly maintained. The OIC reserves the right to shut down any generator in the interests of public safety or if the generator is causing unacceptable levels of noise or air pollution.
32.5. Electrical cables shall not be laid along the ground without the prior permission of the OIC. Cabling that is given permission to be surface laid shall be covered in such a way as not to constitute a tripping hazard. The covering shall also be suitable for the ground on which it is laid i.e. thin rubber matting is not suitable as a covering on a tarmac surface.
32.6. All electrical cabling shall be removed on completion of the event.
33. TELEPHONE LINES
33.1. The Hirer shall be responsible for ordering any telephone lines required through British Telecommunications (BT) plc. Any cost incurred will be covered by the Hirer and permission needs to be granted by the OIC prior to any installments.
33.2 Phone lines may be available for hire from Lambeth Events, these should be booked through the OIC
34. WATER AND MAINS DRAINAGE
34.1. The Hirer may request connection to a Lambeth Park or Open Spaces water supply and mains drainage systems. Connection to the supply shall only be carried out by Lambeth Council employees or agents\sub-contractors, and shall be charged at the rate laid down in the Services Order Form. Any alterations to the connection to the supply shall only be carried out by Lambeth Council employees or agents\sub-contractors.
34.2. All standpipe points, pumping machinery, open man hole covers and drainage systems shall be securely protected so as to deny access to all except competent and qualified employees or Agents\Sub-Contractors.
34.3. Mains water shall be metered and charged at the rate laid down in the Services Order Form. Page 127
35. TOILETS
35.1. The Hirer shall ensure that he provides sufficient toilets for the number of people attending the event. The Health and Safety Executive’s Event Safety Guide - HSG195 (Purple Guide) should be consulted for guidance as to the quantity required, please remember that the figures provided in this are only a guide to the minimum amount required and if further advice is required you can discuss this with the OIC and the councils health and safety officers
36. LIQUEFIED PETROLEUM GAS (LPG) & FLAMMABLE MATERIALS
36.1. The Hirer shall ensure that all flammable materials and other substances hazardous to health are controlled in accordance with the Control of Substances Hazardous to Health Regulations 2002 (COSHH).
36.2. The Hirer shall ensure that the storage and use of LPG complies with the LPG Association Code of Practice Part 7 – The storage of full and empty LPG cylinders and cartridges, and the Highly Flammable Liquids and LPG Regulations 1972.
36.3. All LPG cylinders and flammable material containers, full and empty, shall be stored in the open air, on firm level ground in a well ventilated position, and securely protected so as to deny access to all except competent and qualified employees or Agents\Sub- Contractors.
36.4. Appliances specifically designed for indoor use with cylinders located on or in the appliance may be used, but shall comply with manufacturers operating procedures.
37. LITTER, BINS AND RECYCLING
37.1. The Hirer shall ensure that the site is left clear of all litter and refuse on completion of the event. The Hirer shall note that he shall be responsible for the spread of any litter from the site that is directly attributable to the event.
37.2. Litter picking, sweeping and collection services, may be booked through the OIC using the Services Order Form. The Hirer shall note that the cost of these services is liable to change, subject to variations in the Council’s contractor’s fees.
37.3. The Hirer shall ensure that he makes available suitable and sufficient refuse receptacles for the event.
37.4. The hirer shall ensure that sufficient wet skips are provided for the event, should it involve catering on a large scale.
37.5. The Hirer may employ his own Agents\Sub-Contractors to carry out the supply of skips and the collection of litter. Should the site not be cleaned to the satisfaction of the OIC, a further charge shall be levied for the clearance of any remaining litter by the Council’s contractor.
37.6. Wherever possible, the Hirer shall ensure that the maximum amount of waste material is recycled.
38. EMERGENCY SERVICES
38.1. The Hirer shall be responsible for consulting with / informing the necessary Emergency Services prior to the event. Page 128
38.2. The Hirer shall be responsible for providing full details of emergency access routes and evacuation plans within the Events Safety Plan.
39. FIRST AID
39.1. The Hirer shall ensure that he provides sufficient first aid cover for the number of people attending the event. The Health & Safety Executive’s Event Safety Guide – HSG195 (Purple Guide) should be consulted for guidance as to the level of cover required.
40. CHILDREN & VULNERABLE PEOPLE
40.1. The Hirer shall ensure that any event involving children, fully considers the welfare of those children taking part. The Hirer shall ensure that he complies with the provisions of the Children’s Act 1989.
40.2. The Hirer shall ensure that where appropriate, all employees, contractors and volunteers with access to children and vulnerable people are successfully Criminal Records Bureau checked prior to the event.
41. FUNFAIR RIDES AND AMUSEMENTS
41.1. Permission to use funfair rides and amusements in a Lambeth Park or Open Space, or as part of the event, shall be sought from the OIC prior to the event.
41.2. The Hirer shall ensure that all funfair rides comply with the Fairgrounds and Amusement Parks – Guidance on Safe practice 1997.
41.3. The Hirer shall ensure that the rides, open to the general public, are certified by a competent inspection body and that a copy of the inspection certificate is given to the OIC, before the rides are allowed to open. The OIC reserves the right to spot check any event taking place on a Lambeth Park or Open Space at anytime during build, event and dismantle
42. SUN SAFETY
42.1. The Council requests that the Hirer considers the general risks of sunshine and the provision of shade at outdoor events.
43. BODY PIERCING OR TATOOING
43.1. A Licence is required for all massage and all other types of pseudo-medical treatment, the Hirer shall contact the Council’s public protection services at least 2 months before the event for clarification and advice on 0207 926 6105.
44. ANIMALS
44.1. The Hirer shall ensure that only domestic animals are used in entertainment acts or circuses in a Lambeth Park or Open Space unless permitted by the OIC.
44.2. No dogs, except guide dogs, shall be allowed access to the events without prior approval of the OIC.
44.3. All animals brought onto site must have been checked by officers from the Corporation of London.
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45. ADULT ENTERTAINMENT
45.1. All form of adult entertainment is prohibited.
46. GRAFFITI
46.1 The sale and supply of graffiti products and aerosol spray cans is prohibited. Graffiti shall not be permitted as part of any event.
47. BONFIRES
47.1. No bonfires shall be lit in the Common under any circumstances.
48. HELICOPTERS
48.1 No helicopters shall land in a Lambeth Park or Open Space without the prior permission of the OIC, with the exception of the air ambulance.
49. HOT AIR BALLOONS
49.1. Permission for hot air balloons to take off and land in a Lambeth Park or Open Space, even if they are tethered, shall be sought from the OIC prior to the event. If permission is granted, the Hirer shall ensure that the Civil Aviation Authority and relevant authorities are notified.
50. PYROTECHNICS
50.1. No pyrotechnics shall be fired in a Lambeth Park or Open Space without the prior permission of the OIC.
50.2. The use of pyrotechnics requires a consent form which is issued by the Licensing Division at Lambeth Council.
51. LASERS
51.1. Permission to use lasers in a Lambeth Park or Open Space shall be sought from the OIC prior to the event. The Hirer shall also inform the Council’s Public Protection Services Division.
51.2. The use of lasers requires a consent form which is issued by the Licensing Division at Lambeth Council.
52. SMOKE EFFECT MACHINES
52.1. Permission to use smoke effect machines in a Lambeth Park or Open Space shall be sought from the OIC prior to the event. The Hirer shall also inform the Council’s Public Protection Services Division.
52.2. The use of smoke machines requires a consent form which is issued by the Licensing Division at Lambeth Council.
53. WIND EFFECT MACHINES
53.1. Permission to use wind effect machines in a Lambeth Park or Open Space shall be sought from the OIC prior to the event.
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53.2. The use of wind effect machines requires a consent form which is issued by the Licensing Division at Lambeth Council.
54. STROBE LIGHTING
54.1. Permission to use strobe lighting in a Lambeth Park or Open Space shall be sought from the OIC prior to the event. The Hirer shall also inform the Council’s Public Protection Services Division.
54.2. The use of strobe lighting requires a consent form which is issued by the Licensing Division at Lambeth Council.
55. REPLICA WEAPONS
55.1. It is prohibited to sell or give away replica weapons as part of any event in a Lambeth Park or Open Space.
55.2. It is prohibited to use replica weapons as any part of entertainment a Lambeth Park or Open Space
56. FILMING / LIVE BROADCAST
56.1. Permission to film or broadcast live from the event shall be sought from the OIC prior to the event, and permission of the OIC shall be obtained before photographs or video recordings are made or taken on the premises.
56.2. The attending OIC reserves the right to record footage and photograph any part of the event. Material acquired will be used for council publicity and internal purposes i.e. training and event debriefs.
56.3. Exhibition of any recorded material must be classified by the council’s licensing officers or the BBFC.
57. CARAVANS / CAMPING
57.1. Permission to live in caravans or to camp in a Lambeth Park or Open Space as part of the event organisers compound shall be sought from the OIC prior to the event. a. The Hirer shall ensure that they adhere to all guidelines set out in the HSE 195 including but not exclusively to site design and densities. b. Commercial caravan and camping sites are not permitted in any Lambeth Park or Open Space.
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APPENDIX 1 – CONFIDENTIAL
TERMS & CONDITIONS FOR THE HIRE OF A LAMBETH PARK OR OPEN SPACE
CONTACT TELEPHONE NUMBERS
EVENTS RELATED TELEPHONE NUMBERS
TITLE NAME NUMBER MOBILE Events Officer in Charge Olivia Pearcey 020 7926 1017 07904 649 614 Venetia Harpin 020 7926 0754 07956 639 472 Rachael Waugh 020 7926 7708 07956 942 246 Somia Elmartaoui 020 7926 6204 07951 119 240 Events Service Manager Lee Fiorentino 020 7926 7088 07904 649 652 Parks & Greenspaces Manager Alastair Johnston 020 7926 6205 07932 738 291 Environmental Services (Licensing) Esther Jones 020 7926 6144 HSE Publications 01787 881165 Security Industry Association SIA Helpline 08702 430100
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APPENDIX 2
TERMS & CONDITIONS FOR THE HIRE OF A LAMBETH PARK OR OPEN SPACE
REPORTABLE INCIDENTS
REPORTABLE INJURIES
Death. Fracture other than to fingers, thumbs or toes. Any amputation. Dislocation of shoulder hip knee or spine. Loss of sight (temporary or permanent). Penetrating injury to the eye. Injury resulting from an electric shock or burn. Unconsciousness caused by injury, asphyxia or exposure to harmful substance or agent\Sub-Contractors. Acute illness requiring medical treatment as a result of exposure to a biological agent, its toxins or infected material.
REPORTABLE DANGEROUS OCCURENCES
Collapse, overturning or failure of load bearing parts of lifts, hoists, mobile platforms, access cradles or fork lift trucks. Explosion, collapse or bursting of any closed vessel or associated pipe work. Failure of any freight container in any of its load bearing parts. Plant or equipment coming into contact with overhead power lines. Electrical short circuit or overload causing fire or explosion. Collapse or partial collapse of a scaffold over 5 metres high. Failure of any load bearing funfair equipment, or derailment or collision of cars. Unintended collapse of any structure under construction.
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APPENDIX 3
TERMS & CONDITIONS FOR THE HIRE OF A LAMBETH PARK OR OPEN SPACE
HANDOVER / TAKEOVER CERTIFICATE
EVENT:
SITE:
DATE/S:
PART 1 – HANDOVER OF SITE TO THE HIRER Photo Y / N Ground conditions
Ground damage
Services damage
Tree damage
Miscellaneous damage
Litter
SIGNED:
NAME:
DATED:
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APPENDIX 3 - CONTINUED
EVENT:
SITE:
DATE/S:
PART 2 – TAKEOVER OF SITE FROM THE HIRER Photo Y / N
Ground conditions
Ground damage
Services damage
Tree damage
Miscellaneous damage
Litter
SIGNED:
NAME:
DATED:
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APPENDIX 4
TERMS & CONDITIONS FOR THE HIRE OF TERMS & CONDITIONS FOR THE HIRE OF A LAMBETH PARK OR OPEN SPACE
CONDUCT OF DRIVERS IN A LAMBETH PARK OR OPEN SPACE
DO
Keep to vehicle access / egress routes previously agreed with the OIC.
Keep within the speed limit of 5mph on grass areas.
Keep Hazards on at all times.
Give way to all pedestrians & dogs. Stop when necessary.
Obey the instructions of any Council or Police Officer.
DO NOT
Sound your horn.
Park near the base of any trees.
Drive between parents and small children or dog owners and their dogs.
Drive close behind people to make them move.
Be impatient, aggressive or rude.
Overtake any moving vehicles.
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APPENDIX 5
Three Strike System
Lambeth Council encourage events to take place on the commons, parks and open spaces within the borough and want the excellent calendar of events to continue.
However over the last few years a small number of event organisers have chosen to ignore fundamental regulations in relation to set up, event run and break down. Due to this Lambeth Council has taken the decision to enforce a penalties and three strike system to safeguard the parks, commons and open spaces in addition to the surrounding environment.
When signing the parks hire agreement event organisers agree to commit to all the relevant regulations and by-laws. Event officers present at events will be allowed to issue event organisers with a strike notice; each strike notice will be signed and counter signed by two council officers agreeing that a regulation or by-law has been breached.
The event organiser will then be given 30 minutes to rectify the situation or signed off undertaking to rectify within an agreed period; if the situation has not been rectified within 30 minutes another strike notice will be issued. If an event organiser receives three strike notices either relating to the same or different issues they will forfeit the right to apply to hold events on any of Lambeth’s parks, commons or open spaces for a period of up to twenty-four months.
If an event organiser receives either one or two strike notices but in the course of the event has rectified the situations a record will be kept by the events team but the organiser will still be permitted to apply for the following year.
An event organiser who is issued with three strike notices has the right to appeal within 10 working days from the final live event day. The appeal must be made in writing to the events team detailing why the situations arose and why they were unable to solve these issues in the allocated time. The appeal will then be reviewed by the events team and if necessary in consultation with stakeholders. The organiser will then receive the decision on appeal in writing within 24 working days from the date of receipt of their appeal. Once a decision on an appeal has taken place there is no second appeal channel and the decision stands.
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Penalties System
As part of the Terms and Conditions, event organisers must treat the area (and surrounding area) of their event location with appropriate care and respect. However if an event organiser cannot adhere to these terms they may be liable to penalties.
Through the revised Event Strategy a clear penalties system has been produced to outline the cost of disregarding legislation, regulation and by-laws during set up, live event and break down of an event.
COSTS TABLE
ISSUE Penalty Fee DETAIL Extra Vehicles onsite £250 per vehicle prior, during and post event Vandalism of trees to £1000 minimum accommodate the event Fly-posting £100 per illegal poster/flyer Unauthorised infra- £500 minimum structure Noise infringement £100 minimum At the discretion of the noise officer and will only be charged at db levels beyond 3dbs over the limit Waste and litter on site £500 minimum This amount could be increased depending on the cost to remove the waste. Vacating site after the £150 per hour or part On some occasions agreed time (without thereof event organisers cannot prior permission from leave the site at the LBL Events) agreed time, i.e. safety reasons, poor weather condition etc. However, this must be agreed with LBL Events in advance. Page 138
As the Hirer of a Lambeth Park or Open Space I acknowledge that I have read, understood and abide to the Terms and Conditions of Hire of Lambeth Park or Open Space and AS WITNESS as the hands of the parties hereto assigned
Signed: ______Company/ Organisation: T Jennings & Co CIC Name: Tina Jennings Title: Director Date: 28 August 2014 Being duly authorised for and on behalf of the party named as applicant for said Licence and Hirer of designated space acknowledges adherence to the Terms and Conditions outlined above
Signed: The Council Lambeth Events Service Name: Lee Fiorentino Title: Events Service Manager Date: 28 August 2014
Signed: The Council Lambeth Events Service Name: Chantelle Ojo Title: Date: 28 August 2014
Being duly authorised for and on behalf of the London Borough of Lambeth Page 139 This page is intentionally left blank Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 This page is intentionally left blank Page 151 Agenda Item 4d
Application 4 APPENDIX 4
Applicant’s name Vauxhall One
Name and address of premises Vauxhall Skate Vauxhall Pleasure Gardens, London SE11 5SS
Ward Princes Consultation: Department(s) or Consulted? Date Comments Organisation(s) (y/n) response summarised in received report? (y/n) Internal Health & Safety Section Y Noise Service Y Social Services Y Licensing Service Y 15.08.2014 Y Town Planning Y Trading Standards Y 25.07.2014 N External Fire Authority Y Police Licensing Unit Y Health Authority Y
1. Current Licence
1.1 This is a new application, there is no licence currently in place at the property for Vauxhall One. However Vauxhall Trust hold a premises licence for the following activities at the premises;
Plays, Films, Live Music, Recorded Music, Performance of Dance and the Supply of Alcohol Monday - Sunday 10:00 - 23:00
This licence is limited to being used no more than fifteen days per year.
2. Application
2.1 An application was made by Vauxhall One for a new premises licence for the following times and licensable activities;
Films, Indoor Sporting Events, Live Music, Recorded Music and the Performances of Dance Monday to Sunday 11:00 - 00:00
The Supply of Alcohol Friday - Saturday 11:00 - 23:00 Page 152
2.2 On 2 September, the applicant emailed to advise that the closing times for the event, the ice rink, the maze, market stalls, café/bar and rides will be amended to 21:00 Sunday to Thursday (last skating session to commence at 20:00) and at 22:00 on Friday and Saturday (last skating session to commence at 21:00).
3. Details of Representation(s)
3.1 Five representations were received to this application. These were from Lambeth’s Licensing Authority, Events Team and three residents. Four of the representations were opposing the application and one was received in support. Additionally, the Events Team’s representation advised that there was an online petition being circulated. This petition contains 212 signatures, however, at the time of the last date for making representations, it contained 186 signatures. Copies of the representations and the petition are appended to this report.
3.2 The Licensing Authority, in their representation, requested the following conditions be added to any premises licence granted;
1. No drinks to be taken onto the arena. 2. Tables & chairs will remain in situ at all times the premises is open to the public. 3. Drinks will not be permitted to leave the premises at any time, including for those leaving for the purpose of smoking. 4. The venue will sign up to the Business Crime Reduction Partnership (BCRP) intranet and radio scheme run by Safer London. 5. The venue will employ a strict challenge 25 age verification scheme. 6. There will be no entry or re-entry after 2100 hours daily. 7. There will be no vertical drinking. 8. There will be a maximum of 5 people in the designated smoking area at any one time. 9. The smoking area will be controlled by barriers/ fencing - This is on the acceptance from the local authority. 10. No display/barriers shall exceed a depth of 1.2 metres from the shop frontage over the footpath. A minimum clear width of 1.8 metres must be maintained on Borough Roads and 2 metres on TFL roads, between the front of the display, the front edge of the kerb or any intervening item of the street furniture. 11. Any amplified music will be sound checked so that it doesn't affect residential premises. 12. The licence holder shall comply with reasonable requests from noise officers or residents. Page 153
13. The contents of the document, 'Terms and Conditions for the Hire of Lambeth Park or other Open Spaces, issued by Lambeth Council Events Service' (or any superseding document), have effect upon this licence as if they were conditions printed within the licence, and may be enforced as such by authorised officers of the licensing authority
At the time of writing the report, none of the above conditions have been accepted by the applicant.
3.3 On 8 September, Mr Law, from Vauxhall One, sent an email again advising of the changes to the application, and responding to the representations. A copy of this email is appended to this report.
3.4 On 15 September, Mr Law sent a further email to advise that their planning permission for the site had been granted. In this email, Mr Law outlined the conditions attached to the planning permission. A copy if this email has been appended to this report.
3.5 Since January 2014, the following TEN’s were given in respect of events held on this premises;
From 17:00 until 22:30 on 3 June From 17:00 until 22:30 on 10 June From 17:00 until 22:30 on 17 June From 17:00 until 22:30 on 8 July From 17:00 until 22:30 on 15 July From 17:00 until 22:30 on 22 July
4. Observations
4.1 The parts of the Statutory Guidance that are particularly relevant to this application and the representations received are Chapters:
3 – Licensable Activities; 8 – Applications for Premises Licences; 9 –Determining Applications; 10 – Conditions Attached to Premises Licenses and Club Premises Certificates;
4.2 The parts of the Statement of Licensing Policy that are particularly relevant to this application and the representations are Sections:
1. Introduction 2. Principles and Aspirations 3. Scope and Purpose 4. Location of Premises and Hours of Operation 5. The Licensing Objectives 6. The Prevention of Crime and Disorder 8. Prevention of Public Nuisance Page 154
10. Conduct of Licence Holders and DPS 11. Compliance with other Legislation 16. Applications
The premises is an open space surrounded by Tyler Street, Goding Street, Ackland Street, Glyn Street and Laud Street. The Licensing Policy designates that this a major town centre and strategic cultural area. The Policy does not mention event spaces specifically and therefore this area would fall into the category of ‘Other Entertainment Venues’ where the terminal hour for licensable activities. However, it is worth noting that it is recommended that the terminal hour for off licenses within major town centres, and if there is a problem with street drinking, is midnight. This application is not requesting hours outside of the recommendation in the Policy.
4.3 A map showing the location of the venue and photographs will be supplied at the meeting. Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 This page is intentionally left blank Page 179 This page is intentionally left blank Page 181
Keep Vauxhall Pleasure Gardens for all
212 106% 200
Opened on August 20, 2014
To: Derrick Anderson, CBE, Chief Executive of Lambeth Council
CC: Kate Hoey, MP; Hellen Charlesworth-May, Director of Children and Young People's Services
Dear Derrick Anderson,
Vauxhall Pleasure Gardens is a fantastic park in central London, a much valued, free-of-charge green space for local people meet, relax, engage with nature, and improve both health and social cohesion through the multi-use games area (MUGA).
Private companies now propose to build over a significant area of the park for commercial gain, installing an ice rink, a fun fair and a Christmas maze between November and January as well as an application for the sale of alcohol until midnight
We object to the proposal for the following reasons:
- loss of MUGA to detriment of health and social cohesion - loss of amenity to quiet enjoyment of residents' homes due to excessive noise and light pollution - loss of amenity to local park - loss of critical play space for children - increase in crime/ anti-social behaviour - inappropriate use of small neighbourhood park
As the Chief Executive of Lambeth Council you have the power to save our neighbourhood park for local people – instead of losing it to solely commercial gain/ Please prevent this damaging development from going ahead.
Name Location
sarah conrad flimwell Arthur Walsh E2 Page 182
Eleanor Halsall SE11 Antonia Grant West Hampstead Olivia Christophersen London David bruster kennington David ward oval Chris cummings oval yuliya cann kennington Tony cann kennington amil smith kennington Steven moonsamy vauxhall Edward Simpson Vauxhall Elaine cunningham LONDON Margaret Smith Brixton John lAMBILION vAUXUAL Enorr Erhuero Kennington Brian griffin oval Mark johnson oval Maria martin kennington Alex antoiniou vauxhall Tom Gerrams vauxhall David martin kennington Jorge Sousa vauxhall Ese Erhuero Vauxhall T Classy Vauxhall laura henderson se11 carl brown se11 Jean Uzoma SE11 Julie Hayes Local John Heald Vauxhall Charles Anniky Vauxhall Ed Sweetman Vauxhall Marek Direr Vauxhall shalo gifft spring gardens charles snead SE11 Pedro Peixoto SE11 Daniela Branco Clapham sergio polonio Lansdowne Joao santos Vauxhall Beatrice Militello Cabwerwell Kieran Houhgton Vauxhall Francisco Peixoto Vauxhall Maija Paasiaro London Ben Gabbitas Camberwell Carla Rodrigues Vauxhall Lloyd Mitchell Vauxhall Fazil Omila Vauxhall Lewis Hamils Kennington Page 183
ezekiel vuzantoko Spring Gardnes Derick okeyre london Lorenzo Saidi london Mustafa mudey Vauxhall Bradley Mafuta Vauxhall Joel Siaw Clapham Jordan figueira Vauxhall leandro luis Vauxhall Christian Quishpe London Harry asuna Lambeth abdul mohamed vauxhall Kirito kun Lambeth humza arshad stockwell Tanvir Ashruf Vauxhall Susanne Klinker Vauxhall, Amy Charters Vauxhall Adekunle Adeyemo Vauxhall Joel Osei Walworth Olayiwola Ogunwolu SE23 Georgia Frame Vauxhall Sandra Frame Vauxhall Hieran Frame Vauxhall Sue Taylor London ESfand Raissi SW8 Antonia Francis Sw81ld Ezra issacs Vauxhall Jennifer Carpriccio Pleasure Gardens Bruce Drummond Kennington Juan Delgado Vauxhall William Scoones SW9 will daligan sw8 Alice Omara Vauxhall Johanna gavin sw8 Elaine Fogg London Ruth Hansford Kenningrton Claire Duffy London Chris Lucas London Phil Morrell London Damien Logan London Sandra Farrell London Andre Reis London Peter Walmsley London Eyosias Demess Kennigton Christine Osborne Sydney Charles Asprey/Cabinet SE11 Ian Bowman London Page 184
Delyth thomas Vauxhall Kate Haines Sw8 Henrietta Ogilvy SW9 Kevin Williams Vauxhall Stefania Pinheiro Pires, Brasil Kathryn gilgallon Sw9 Lucy wright Sw8 Henriettta Reid Sw8 Patrick Chambers Stockwell dinah hardie london Christian Pelz Sw8 Nadia Hill Vauxhall Neasa Coen Kennington Kim Dhillon SE5 Paul Nowak London Frances Bristol Stockwell Hannah North Vauxhall Honor Wild SW8 Artemis Wild SW8 Theo Wild SW8 Edward Wild SW8 Catherine mahoney SE1 kaethe cherney SE11 sara longe SW9 Natasha Randall London nicola coates vauxhall Fiona Walshe SE5 Tessa Wild SW8 Beatriz Maria SW8 Catriona Hallett Vauxhall Isabelle Nino SW8 Swami Raghavan SE1 Jane Bunce London william hampson Vauxhall brian watson westminster gary shuker Vauxhall Larry Kenney Vauxhall Stuart James Vauxhall Flora gordon London Andrew Ludington Vauxhall Ian Frederick SE11 Dafydd Morriss Vauxhall, Irene McMillan London Rita Luskovic London Stephen Mackey London Clare Gill SE15 Page 185
Edward Klein London Clare de London mark ovenden se5 Andrew Nunn Vauxhall Josef Cannon London Gavin Herrington se18 Emily Kerr London Clare Chamberlain London Aidan McQuade SE11 mira katbamna vauxhall Lucio Daniele Vauxhall, huw griffith farringdon tessa griffith london Ann-Marie Hodson brockley Laura Pickard Peckham charlotte balme SE11 Brendan Martin Clerkenwell, Chithmini De Silva London Keir Bosley SW2 Derek Thorne London Judith Witting London Savita Katbamna London Kenneth Huggett Leicester Elizabeth Smith SE1 Rita Tam London Joanna Armstrong London Kate Ansell London Alison ive London Jennifer Midgley-Adam Victoria Anton Gubkin Vauxhall Spooner- Isabel Harvey Sw2 Alison Powell London Eleanor Leone Vauxhall Coral Andrews London Karina Solomko Vauxhall Thomas marsh Vauxhall Cassie Pearse Lambeth Grace Iggulden Vauxhall anthony carroll m9 Geoff Starkie Vauxhall Chandra Katbamna London Joe Charters Vauxhall Carole Coundland se11 Jonathan Sell London Irena Predalic SE11 Esther Yarnold London Page 186
Sophie Price Vauxhall nina callard London claire newby London Graeme Wilson Kennington Helen Rose Clapham Claire Rose Edinburgh Hal Iggulden Vauxhall Joanna Owens London Jessica Wigmore Vauxhall Hamodi kayal Se11 vivienne austin london Jenny Gilleece WC1R Ruth habel Vauxhall David Jones Vauxhall Varun Kapoor Vauxhall Jasmin Nasser Vauxhall Julian Langham London Kamala Katbamna SE11 Michael Rogers Vauxhall Joao Pires Vauxhall Sarah- Jane Miller Vauxhall Hamodi kayal Se11 Klara Skrivankova Vauxhall David Martin Vauxhall Stephen Biles Vauxhall
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