Content

Notification of decision following a Licensing Panel hearing to
determine an application for a premises licence under section 17 of
the Licensing Act 2003
 
PREMISES:
The Syon Marquee, The Wilderness, Syon Park,
Brentford TW8 8JF
 
APPLICANT: Big Marquee Company
Limited
 
TAKE NOTICE THAT
ON 30 May 2024 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 the grant
of the premises licence for The Syon Marquee, The Wilderness, Syon
Park, Brentford TW8 8JF is GRANTED, subject to the
conditions and modifications stated below.
 
REASONS:
 
1.            
The Panel convened to determine an application for a
premises licence for The Syon Marquee, The Wilderness, Syon Park,
Brentford TW8 8JF (“the Premises”) under the
Licensing Act 2003.

 
2.            
The application seeks the following hours for
licensable activities:
 
(a)   
Supply of alcohol for consumption on the
premises:
Monday to
Saturday         08:00 to
00:00
Sunday
                          
08:00 to 23:00
 
(b)  
Plays, films, live music, recorded music,
anything of similar description (indoors &
outdoors)
Monday to
Saturday         08:00 to
00:00
Sunday
                          
08:00 to 23:00
 
(c)   
Performance of Dance (indoors &
outdoors)
Monday to
Sunday                    
08:00 to 00:00
 
(d)  
Late night refreshments (indoors &
outdoors)
Monday to
Saturday         23:00 to
00:00
 
(e)   
Hours premises are open to the
public:
Monday to
Saturday         08:00 to
00:00
Sunday
                          
08:00 to 23:00
 
3.            
The application included proposed conditions on the
licence, which are set out in section M of the application shown at
Appendix A.
 
4.            
The Premises are not currently licensed, and it is
situated in an area mainly surrounded by residential
properties.
 
5.            
As part of the consultation process the authority
received six objections from local residents.  The representations were concerning the hours
applied for and possible further noise nuisance. Copies of the
representations are attached as Appendix B. 
 
6.            
The authority also received one representation from
a Pollution Officer concerning prevention of public nuisance and
that the application lacked information.  In his email to Licencing Authority the Pollution
Officer had indicated that he would submit further paperwork and
that he would get in touch with the Applicant to discuss his
concerns to resolve them. A copy of the representation is attached
as Appendix C. 
 
7.            
There was no representation from any other
responsible authorities.
 
8.            
There were two individuals appearing on behalf of
the Applicant, Big Marquee Company, an expert (a sound/noise
expert) and a representative from Syon Estate.  The Pollution Officer and the objectors did not
attend the panel hearing. 
 
9.            
It should be noted that the licensing
panel hearing was arranged to have three members but one of the
Panel members could not attend.  Under
the London Borough of Hounslow Council’s Constitution Section
4B Committee Procedure Rules paragraph 11.1 the quorum of a meeting
where the whole membership is three will be two.
 

Licensing Panel hearing
 
10.         
At the start of the hearing the Chair informed those
in attendance that the third Panel member was absent, but the
quorum is two members and as such, the panel hearing can take
place.
 
11.         
During the licensing panel hearing the facts giving
rise to the application for the grant of a premises licence were
set out by the licensing officer and were agreed by the
Applicant.
 

Submissions by the Applicant
 
12.         
The Applicant explained the background to the
application and that Big Marquee Company (BMC) will be responsible
for installing the marquee.  The
Applicant informed the panel that they would have a contract for 5
years with Syon Park Estate and that BMC will be working with Syon
Park Estate.  BMC is an experienced
company - they have experience of running marquees as they have
done it at Datchet and Tring.  As such,
BMC knows what licences require to ensure compliance and how to
ensure that no noise nuisance or disturbance is caused by
music/noise coming from the marquee. 
 
13.         
The Applicant assured the panel that they will have
a specialist company who will handle and control sound/speaker
system, level of the music, and lighting. BMC will ensure they have
sufficient security cover in place and help point will be present
to ensure the site is run in a safely. 
They will have proper system in place to control/prevent sound and
light leakage from the marquee.  In
addition, the marquees will have a lot of layers and carpets and so
will absorbs the sound. 
 
14.         
The Applicant told the Panel that events will run
from May to September of each year and that they can have a maximum
of 50 events which is due to planning restrictions. 
 
15.         
In terms of types of events, the Applicant explained
that in addition to private/corporate parties, weddings, they will
also have religious events, but these will mostly be held during
the daytime.
 
16.         
The Applicant informed the Panel that they will have
their own waste collection and have semi-permanent toilets for
guests.  The food will be provided by an
approved provider.
 
17.         
At the end of each day, they will have staged
cooldown and at least half an hour before closing time, the DJ will
announce that the event will finish to pre-warn attendees/guests.
The Premises will ensure that guests attending the events leave the
premises quietly and that all staff will be trained regularly, and
the licensing objectives will be promoted.  The Applicant assured the Panel that they will
invite to attend at the premises and work with environmental
health.
 
18.         
The expert for the Applicant explained they started
business in 2009 and has worked with the Applicant for some time.
There is a compressor limiter which will control each speaker and
the volume cannot go over the set limit even the DJ cannot turn the
volume up. No one will have access to the controls for the
volume.  Sounds will be amplified via
several speakers.  Base does not travel
beyond the dance floor or beyond the marquee walls. The technology
is available within the marquee to ensure it is within the level
the local authorities noise team requires.  It will not cause nuisance to anyone outside of
the marquee.
 
19.         
In response to questions from the Panel about how
the music volume will be managed, the Applicant’s expert
explained that every marquee is different and that the marquee
which will be installed at Syon Park will have a high end
technology system through they can monitor and manage the volume of
music and that each speaker system will be set up with the
compressor and to a different level to ensure it does not cause
noise nuisance.  They will measure using
their machine and ensure it is at an EQ level – they will
look at individual speakers to set frequency and volume level. The
individual EQ level will be set for the speakers. They will test
the measurement by turning each sound system one by one when
setting the volume level. The sound system can make live
adjustments. Once the volume is set, the premises will be able to
turn the volume down but not turn it up from the
marquee.  The expert for the Applicant
explained that each speaker is different and will have different
levels, but he assured the Panel that once set, the volume will not
go beyond the set a decibel. Furthermore, the system can be set for
the volume to automatically go down gradually.
 
20.         
In response questions relating to capacity and
parking, the Applicant confirmed that the marquee has a capacity of
600 seated and that there is dedicated parking within the grounds
of Syon Park, namely at Lime Avenue (Syon Park).  The car park has capacity to hold at least 600
cars and attendees can also double park.  They will have ushers and security at the car park
to avoid crowding and manage queues as people leave the
venue.
 
21.         
Regarding people dispersing after the event and
potential noise nuisance as people leave the venue, the Applicant
confirmed they have a noise management plan and that they will have
signage and notices asking people to leave quietly. They will have
sufficient staff to manage people leaving. The Applicant explained
in their experience over the last 15 years, they can say for sure
that at end of the event, it is usual to have only half the people
and that there will only be a handful of people left to leave by
the time the premises close. Furthermore, usually people will leave
at different times and some guests might not be driving to the
venue and some might stay overnight at the hotel
nearby.  As it will be pre-invited
guests that will attend in the evening, it will mean they will have
fixed in numbers of people and cars.
 
22.         
In response to question about the role and
responsibility of Syon Park, the representative for the estate
explained that they take it very seriously and is mindful of the
neighbours.  They would hate to deter
the members of the public from not coming.  Most of the current occupiers (ie Hilton, the Garden
Centre, etc) are their tenants.  They
want those visiting the estate to enjoy the estate and will not
want relationship to breakdown. They are willing to work with the
community. The representative explained that the Marquee has been
on site since at least 2008 and that the actual ground where the
marquee is there has been no complaints or issues.
 
Summing up
 
23.         
In summing up, the Applicant
said they are not new to the business, in that they are experienced
with managing these types of events and they have knowledge of
marquee. They have an expert on board to ensure that there is
proper noise management and to prevent noise nuisance/disturbance
to others. They work with the community and hold private events not
just for private clients but also for the community as
well.
 
Statutory Guidance
 
24.         
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).”

 
25.         
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.
 

The Council’s Licensing Policy 2020-2025
 
26.         
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.”

 

Deliberation
 
27.         
During deliberation the Licensing Panel confirmed
that they carefully considered all the relevant information
including:
 
·      
Written 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
 
28.         
When considering the hours applied for, the Panel
felt it was necessary for there to be a cut off point for last
orders for drinks/late-night refreshments and for there to be
drinking up time. 

 
29.         
In reaching its decision, the Panel considered all
the written representations including the those made by the
Pollution Officer.  Whilst the Panel
noted that the Pollution Officer’s concerns related to
prevention of public nuisance and that the application lacked
information, the Panel gave little weight to written representation
because it did not substantiate on what information was needed from
the Applicant nor did it demonstrate how prevention of public
nuisance was relevant to the application. It was also noted by the
panel that the Pollution Officer did not contact the Applicant upon
his return from annual leave as indicated in his email dated
16/04/2024.

 
30.         
It was noted by the Panel that apart from the
Pollution Officer, there were no objections from any responsible
authorities including the police.
 
31.         
Regarding noise nuisance, the Panel was of the view
that any existing noise nuisance in the area will not get any worse
if the premises were granted a licence. The Panel was satisfied
with the Applicant and their expert’s response in relation to
the high-tech system they are proposing to have in place to ensure
there is no leakage of sound and lighting from the marquee with the
facility to control the sound and volume of music remotely.
 

 
32.         
The Panel noted that 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.

 
33.         
During the Panel’s deliberation Councillor
Giles mentioned to the Panel that she knew the Applicant and that
were acquaintances in the past. 
However, she had not seen or spoken to them for nearly 10
years.  Councillor Giles assured the
Panel that this did not play any part when considering the
application and/or influence the outcome of the
application.
 
Decision
 
34.         
Having taken all the representations into account,
the statutory provisions and the Revised Guidance issued under
section 182 of the Licensing Act 2003 and the Council’s
Licensing Policy, the Panel were satisfied that the Applicant will
comply with the licensing objectives.

 
35.         
The Licensing Panel decided to GRANT the
application as follows:
 
(a) 
Supply of alcohol for consumption on the
premises:
Monday to Saturday    
08:00 to 23:45
Sunday                       
08:00 to 22:45
 
(b) 
Plays, films, live music, recorded music,
anything of similar description (indoors &
outdoors)
Monday to Saturday    
08:00 to 23:45
Sunday                       
08:00 to 22:45
 
(c) 
Performance of Dance (indoors &
outdoors)
Monday to Saturday    
08:00 to 23:30
Sunday                       
08:00 to 22:30
 
(d) 
Late night refreshments (indoors &
outdoors)
Monday to Saturday    
23:00 to 23:45
 
(e) 
Hours premises are open to the
public:
Monday to Saturday    
08:00 to 00:00
Sunday                       
08:00 to 23:00
 

AND as an additional
condition, the Panel decided that at least half an hour before the
hours granted above, the volume of the music should go down
gradually and that at least half an hour before closure, the
premises should announce the closing time as a reminder to their
guests.
 
36.         
The Panel would like to remind that a breach of the
licence including the conditions set out above could result in a
review of the conditions and even a revocation of the premises
licence.
 
Right to
Appeal

 
37.         
Any party aggrieved with the decision of the
Licensing Panel 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.