Content

Notification of decision
following a Licensing Sub-Committee hearing to determine an
application for a premises
licence under section 17 of the Licensing Act
2003
 
PREMISES:   Blenheim Park, Hawkes Road,
Feltham (“the Premises”)
 
APPLICANT:  Ms Sonia Ferdousi (on
behalf Hounslow Council Events Team)
  
TAKE NOTICE
THATON 18 October 2023 following a
hearing before the Licensing and General Purposes Sub-Committee
(the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL,
as the Licensing Authority for the Premises
RESOLVED that:
 
the
application for a premises licence for Blenheim Park, Hawkes Road,
Feltham for 28 October 2023 only is GRANTED as
follows:
 
Live Music,
Recorded Music, Performance of dance (all outdoors):
Saturday 15:00 to 19:30
 
Hours
premises are open to the public:
Saturday 14:00 to 21:30
 
And with
the following conditions that comprise the conditions offered in
the application as amended or added to by the conditions agreed
between the Applicant and the Licensing Enforcement Team, and as
added or amended by the Licensing Panel in
order to clarify the conditions and ensure their
enforceability:
 
1.   
The event site shall be closed and clear of patrons by 22:30

 
2.   
The premises licence holder, or their appointed representative,
shall present, by oral and written presentation, the draft ESMPs to
the London Borough of Hounslow’s Safety Advisory Group no
later than two months prior to the date of the event. Following
this presentation a second presentation
shall be organised and take place no later than four weeks prior to
the date of the event whereby the premises licence holder, or there
appointed representative shall present, by oral and written
presentation, the final versions of the ESMPs to the London Borough
of Hounslow’s Safety Advisory Group.
 
3.   
An Event Safety Management Plan (ESMP) shall be developed to
address the method by which the premises licence holder proposes to
manage the potential risks for the following matters in accordance
with the four licensing objectives:
•      
Crowd safety;
•      
Procedures in the event of an emergency;
•      
The reduction of crime and disruption of the supply and possession
of drugs and illegal substances from inside and outside the
venue;
•      
Regulation of the number of persons attending the event at any one
time;
•      
Stewarding of the event from inside and outside the venue;
•      
The responsible sale and supply of alcohol;
•      
The welfare of persons working at the event site during the
build up, breakdown and open period of
the event;
•      
Missing persons, vulnerable persons and children’s
safety;
•      
Ticket sales and conditions of entry;
•      
The provision of first aid;
•      
Accident reporting procedures;
•      
The control of noise and the prevention of public nuisance;
•      
Fire safety;
•      
The use of pyrotechnics and special effects;
•      
The safety of food;
•      
Control of litter;
•      
Sanitation and the disposal of waste materials;
•      
The safety of temporary structures and amusements;
•      
Traffic management;
•      
Provision of facilities for disabled persons; and
•      
The structure for the operational management of the event,
including the composition and functions of the event liaison
team.
•      
The Accommodation figure shall be agreed, and the methods of
reaching such a figure shall be discussed.
 
4.   
The Maximum accommodation figure (Members of the
public) at any one time shall not exceed 4,999 (this doesn’t
include staff).
 
5.   
A search of bags will be conducted on entry of the
premises.

 
6.   
A no re-entry policy will be in place.

 
7.   
Any dangerous or illegal item seized by event staff
will be safely sealed and reported and handed over to police.
Suspect where possible will be detained pending police
arrival.

 
8.   
The events shall be limited to 28 October 2023
only.
 
 
REASONS:
 
1)        
The Licensing Panel convened in person on 18 October
2023 to determine an application for a premises licence for
Blenheim Park, Hawkes Road, Feltham
(“the
“Premises”) made under the Licensing Act
2003. The Premises are not currently
licensed and is situated in a park in
an area of residential properties. The licensable activities
applied are as outlined above and would take place on 28th October
2023 only.
 

2)        
The Licensing Panel carefully considered all the
relevant information including:
 

·      
Written and oral representations made by all the
parties

·      
The Licensing Act 2003 and the steps appropriate to
promote the Licensing Objectives

·      
The guidance issued under section 182 of the
Licensing Act 2003

·      
Hounslow Council’s licensing policy

·      
The Human Rights Act 1998
 

3)        
The application, which is shown as Appendix A to the
Agenda, seeks to licence the Premises for the provision Live Music,
Recorded Music, Performance of dance (all outdoors). A map showing
the position of the stage and locality to the Premises is shown on
page 22 of the Agenda and the Site Plan within the further
presentation document prepared by the Applicant and distributed
prior to the hearing.

 

4)        
During the consultation process one representation
was received from a local resident (“the
Objector”), which is shown in full in Appendix B. The
representation raises issues predominantly around public nuisance
because of potential noise nuisance and the late finish for the
event.
 

5)        
The Applicant’s response to the representation
from the Objector is shown within the trail of emails in Appendix
B. In her response the Applicant states that the event is
anticipated to finish by 9pm with performances due to end by 7:30pm
and that performances are expected to be approximately 20 minutes
at intervals and not continuous. The Applicant adds that there are
other small activities including a funfair at the same
Premises.
 

6)        
The Licensing Enforcement Team agreed proposed
conditions with the Applicant prior to the hearing. The email
correspondence and proposed conditions are shown in full at
Appendix C of the agenda.
 

7)        
The Applicant appeared in person. The objector and
Licensing Enforcement Team did not attend.
 

8)        
The Applicant confirmed she was a senior events
officer and that the application was for their annual seasonal
event celebrating Diwali, Halloween and
Bonfire Night. The event had previously taken place at other
locations but remained a community focussed event. The Applicant
confirmed that this was a ticketed event capped at 4,999 people,
albeit tickets were free of charge and the capacity of the park was
far more.
 

9)        
The Panel sought clarification as to timings of the
event and timings of the licensable activities expressing that the
times stated on the application differed from the response to the
Objector’s representation and the further documents provided.
The Applicant clarified that licensable activities would only take
place between 3pm to 7:30pm. At the time of application she applied for a larger window as the
schedule was yet to be finalised. The event is to consist of
performances every 20 minutes with a 15-minute break in between
each performance within the time of 3pm to 7:30pm. The Applicant
confirmed the event would be open to the public from 2pm to 9pm
with a fireworks display set to take
place between 8pm to 8:15pm.
 

10)     
In response to queries from the Panel regarding
security, the Applicant confirmed there was no CCTV but that there
were a mixture of 53 stewards and SIA officers for the event with
each entrance manned. Due to the variety of entrances to the park,
security would be present to restrict unauthorised access across
the other entrances not being used for the event. The Applicant
added that there were four time windows
of admission between which people would be allowed in and that
after 7:30pm only one of the entrances would remain open. There
would also be no re-entry to the event. Whilst there is a list of
prohibited items, bag searches would be carried out at the entrance
with any prohibited items being confiscated. In addition, the
Applicant confirmed that a safe dispersal zone had been set up to
prevent loitering even if people wished to watch fireworks from
outside the event. In response to concerns of traffic management,
the Applicant confirmed they did not anticipate any traffic
management issues and therefore had not applied to close any roads
as this was not necessary.
 

11)     
In responding further to the queries relating to the
licensing objective for the protection of children from harm, the
Applicant highlighted that they also had an extensive plan in place
for safeguarding of children and that all staff would be
appropriately trained in advance of the event. The event is
otherwise family friendly and there is no alcohol being sold to
prevent any other potential licensing issues.
 

12)     
The Panel noted that the Objector was concerned
about noise from the event being disruptive and queried what
measures the Applicant was taking to mitigate noise nuisance. The
Applicant explained that the stage has been positioned facing
inwards towards the rest of the park and not to the residential
side, therefore the direction of the sound from the speakers will
assist in mitigating the noise by travelling away from the resident
area. The Applicant emphasised that all licensing activities would
end by 7:30pm in any case.
 

13)     
The Applicant confirmed that they had agreed
conditions as set out within the agenda with the Licensing
Enforcement Team and that the condition requiring a draft and
thereafter finalised ESMP had already been complied with. They work
closely with this team to ensure compliance prior to the event. The
Panel considered the proposed conditions and were happy to
incorporate these as agreed with some slight typographical
corrections as set out above.
 

14)     
The Panel considered the Statutory Guidance which
states:

“2.1       Licensing
authorities should look to the police as the main source of advice
on crime and disorder. They should also seek to involve the local
Community Safety Partnership (CSP).”
 
However, the Panel also noted that under Public safety:

“2.7       Licence holders have
a responsibility to ensure the safety of those using their
premises, as a part of their duties under the 2003 Act. This
concerns the safety of people using the relevant premises rather
than public health which is addressed in other legislation.
Physical safety includes the prevention of accidents and injuries
and other immediate harms that can result from alcohol consumption
such as unconsciousness or alcohol poisoning”
 
The
Panel noted that it ultimately, it is for a licence holder to
ensure they are operating in compliance with their licence and to
propose measures to promote the licensing objectives and tackle any
issues. They were also aware that the Police had not put in a
representation and that issues of security seemed to be adequately
addressed by the Applicant.
 

15)     
Furthermore, the Statutory Guidance states the
following:
“Public Nuisance

2.15      The 2003 Act enables licensing
authorities and responsible authorities, through representations,
to consider what constitutes public nuisance and what is
appropriate to prevent it in terms of conditions attached to
specific premises licences and club premises certificates. It is
therefore important that in considering the promotion of this
licensing objective, licensing authorities and responsible
authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those
carrying on business) in the area around the premises which may be
disproportionate and unreasonable. The issues will mainly concern
noise nuisance, light pollution, noxious smells and litter.

 

2.16      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 may include in appropriate circumstances the reduction
of the living and working amenity and environment of other persons
living and working in the area of the
licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial
light, dust, odour and insects or where its effect is prejudicial
to health.

 

……

 

 

2.19      Where applications have given
rise to representations, any appropriate conditions should normally
focus on the most sensitive periods. For example, the most
sensitive period for people being disturbed by unreasonably loud
music is at night and into the early morning when residents in
adjacent properties may be attempting to go to sleep or are
sleeping. This is why there is still a need for a licence for
performances of live music between 11 pm and 8 am. In certain
circumstances, conditions relating to noise emanating from the
premises may also be appropriate to address any disturbance
anticipated as customers enter and leave.”

 

……

           

2.21      Beyond the immediate area
surrounding the premises, these are matters for the personal
responsibility of individuals under the law. An individual who
engages in anti-social behaviour is accountable
in their own right. However, it would be perfectly
reasonable for a licensing authority to impose a condition,
following relevant representations, that requires the licence
holder or club to place signs at the exits from the building
encouraging patrons to be quiet until they leave the area, or that,
if they wish to smoke, to do so at designated places on the
premises instead of outside, and to respect the rights of people
living nearby to a peaceful night.

 

 

16)     
The Council’s Statement Licensing Policy
2020-2025 (“the Policy”) states the
following:
 
“54.
Each of the four licensing objectives are of equal importance and
therefore each needs to be considered with equal weight.
 
55. The
Council expects applicants to risk assess their proposals and put
forward measures aimed at promoting the licensing
objectives.
 
LP2 The
Four Licensing Objectives
 
1.
Prevention of Crime and Disorder
Whether the
proposal includes satisfactory measures to mitigate any risk of the
proposed operation making an unacceptable contribution to levels of
crime and disorder in the locality.
 
2. Public
Safety
Whether the
necessary and satisfactory risk assessments have been undertaken,
the management procedures put in place and the relevant
certification produced to demonstrate that the public will be kept
safe both within and in close proximity
to the premises.
 
3.
Prevention of Public Nuisance
Whether the
applicant has addressed the potential for nuisance arising from the
characteristics and style of the proposed activity and identified
the appropriate steps to reduce the risk of public nuisance
occurring.
 
4.
Protection of Children form Harm
Whether the
applicant has identified and addressed any risks with the aim of
protecting children from harm when on the premises or in close proximity to the
premises.”
 
 

17)     
At 2.8 of the Policy, it states:
“70.
The Council is aware of the popularity of external areas and
outdoor events. These include beer gardens, terraces, street
parties, events in car parks and industrial spaces, pop-ups or
activity on private land awaiting development. These activities can
further add to Hounslow’s rich cultural heritage, diversity
and help bring our communities together.
 
71.
Hounslow Council already holds premises licences which authorise
regulated entertainment in several of its parks and open spaces.
These licences have been granted with control measures attached,
including limited hours of activity, restricted numbers of events
annually and other steps appropriate for the promotion of the
licensing objectives. These are further supported by the work of
the Events Team where the events take place on Hounslow owned or
operated land.
 
72.
However, by their very nature, outdoor activity can often be the
source of nuisance as a result of noise
and disturbance. The Licensing Authority will expect applicants
and/or premises users to have assessed the impact that any proposed
external areas or outdoor activity may have on any of the licensing
objectives and identify the measures they will put in place to
mitigate this impact.”
 

18)     
The Panel notes the conditions agreed between the
Applicant and the Licensing Enforcement Team but considers that
given this will be a large public event further conditions are
required in order to address public
safety and the prevention of crime and disorder and ensure the
licensing objections are further promoted.
 

19)     
The Licensing Panel has therefore decided to
GRANT the application for a premises licence, incorporating
the conditions as set out above being those agreed with the
Licensing Enforcement Team plus additional conditions 4 to 8, with
the full list of amalgamated and amended conditions to be added to
the Premises Licence set out at the beginning of this
Decision.
 

20)     
The Panel is satisfied the Applicant had addressed
the issues raised by the Objector and the Panel and that she had
suggested ways to minimise or deal with such potential issues.
Whilst some of the suggestions do not form conditions of the
license, the Panel would expect that these suggestions are
implemented to ensure the event goes smoothly. Overall the Panel felt that these would go some way
in preventing issues and promoting the licensing
objectives.
 

21)     
The Panel would like to remind the Applicant that a
breach of the licence times and conditions could result in a review
of the premises licence, and potential modification of the
conditions and even a revocation of the premises
licence.
 
 
Right to Appeal
 

22)     
Any party aggrieved with the
decision of the Licensing Sub-Committee on one or more grounds
set out in schedule 5 of Licensing Act 2003 may appeal to the
local Magistrate’s Court within 21 days of notification of
this decision.