Agenda item

To consider the attached report for a new premises licence.

The three Councillors that presided over this application were Councillors J Jennings (Chairman), A Lion and D Stocker.

 

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application.

 

In attendance were the applicant Rob Dudley; the applicant’s solicitor - Matthew Phipps; Operational Manager-Yasmin Galletti; Events Promoter- Rob Star; Noise Consultant-Chris Hurst; Traffic Management Consultant - Ben Jones: Representative from Lea Velley Regional Park- Sophie Stone; and the objector Christine Sillis.

 

The chair received confirmation that all parties had received relevant documentation in relation to the conditions.

 

(a)        Application before the Sub-Committee

 

The Licensing Officer, H Gould, informed the Sub-Committee that an application had been made by Mr Rob Dudley, on behalf of the We Are The Fair Ltd, for a new premises licence at The Showground Site, Lee Valley Country Park, Waltham Abbey, EN9 1AB for the following licensable activities:

 

•       Plays

•       Films

•       Live music

•       Recorded music

•       Performance of dance

•       Supply of alcohol

 

The licence would permit one event per calendar year, which would take place for a maximum of 2 days (Sat & Sun only).

 

The hours for the above licensable activities

 

Saturday                                                            11:00 to 22:00

Sunday                                                              11:00 to 21:30

Sunday preceding bank holiday Mondays        11:00 to 21:30

 

Opening Hours

 

Saturday                                                            11:00 to 23:00

Sunday                                                              11:00 to 23:00

Sunday preceding bank holiday Mondays        11:00 to 23:00

 

The revised hours (above) were submitted following advice from the Council’s Community Resilience Team and to alleviate concerns from Hertfordshire Police. Following a successful year one, a variation could be applied for to make small changes to the licensing hours.

 

In year one of the Licence the maximum capacity of the event would not exceed 15,000 persons on-site.

The application was received by the Licensing Authority on the 16 February 2021. The premises licence application and the operating schedule set out the conditions which would be attached to the licence, if this application was to be granted.

All Responsible Authorities had been notified, it had been properly advertised at the premises and in a local newspaper. All residences and businesses within a 150 metre radius of the premises were individually consulted.

The authority had received one objection from Hertfordshire Police which related to all four of the licensing objectives, these had been addressed in the proposed amended conditions, detailed in Supplementary Agenda 1, and Hertfordshire Police had withdrawn their objection,

Five objections have been received from local residents, these related to the prevention of crime and disorder, public safety, the prevention of public nuisance, the applicant had written to local residents.

Conditions relating to reduced terminal hours and the protection of local residents from public nuisance had been agreed with the Council’s Community Resilience Team.

Responses were received from Child Protection Services, Planning and Trading Standards who had no comment. Essex Police did not make any representations based on the conditions offered by the applicant and discussed with the Safety Advisory Group.

The organisers had liaised with the responsible authorities from both Essex & Hertfordshire through the Safety Advisory Group. This included the submission of an event management and safety plan. Discussions would continue and meeting conditions could be set under the licence.

 

 

(b)       Presentation of the Application

 

Mr Phipps introduced the application and highlighted the experience of ‘We Are the Fare’ in the production of large outdoor events. The DPS would be Rob Duddley who had over 16 years’ experience in event management and had led Health and Safety aspects of the application. 

The representation made by Herefordshire Police had been addressed and Essex Police had been satisfied at the outset of the application. There had been significant dialogue with relevant officers which started in August 2020. Relevant plans had been developed for Health & Safety, Noise Management, Traffic and Parking, Rubbish and Waste, Wildlife, Toilets, and COVID Safety Plans to support the application. The new proposed conditions, shown in Supplementary Agenda 1, set out the amended hours for 2021 and the agreed conditions.

 

A letter had been sent to the residents to allay their concerns. Access to the showground would be restricted but Lea Valley Park, could be accessed via the tow paths at either side of the site. There would be no camping on the site. The residents’ concerns were acknowledged but the conditions addressed these concerns. This was summarised as a good application with comprehensive conditions.

 

The applicant confirmed that conditions should mirror the amended hours on the application and would read:

• In year one of the Licence (2021), regulated entertainment will cease at 21:30 on Sun, and
• In year one of the Licence (2021), sale of alcohol will cease at 21:30 on Sun.

 

 

(c)        Questions for the Applicant from the Sub-Committee

 

The Sub-Committee asked why this event was being advertised prior to the license being granted? The applicant advised that events were often advertised, subject to license. The advance notification did not stipulate the venue and the website homepage stated that this was subject to license being granted.

 

The Sub-Committee sought clarity around the risk management plan in relation ingress and egress to the site, capacity of the trains, traffic management, parking, the hotline, public nuisance, the attendance of children, and safety inside and outside the site.

 

Mr Phipps advised that the Events Safety Management Plan provided details of ingress and egress from the site.  Mr Jones detailed the Transport and Traffic Management Plan, which had been developed to ensure safe ingress and egress to the site. This would form part of the Safety Advisory Group process. The estimate was that it would take 1 hour for people to clear the site and 2 hours to clear through Waltham Cross Station. The rail capacity model showed an excess capacity for 1500 persons on the Southbound trains on Saturday and 1000 persons on Sunday. There would be a queue, but this would be managed. Attendees would also be encouraged to consider alternative transport routes this would include Northbound journeys from Waltham Cross Station.

 

The McDonalds junction would have temporary manual-controlled traffic lights to control vehicle and pedestrian movements. The routes for pedestrians would have stewards, and at specific points the footway would be widened. Attendance by private vehicle would be discouraged. It was estimated that there would be approximately 150 additional vehicles; the public car parks had the capacity for this number. Beulah Road would be closed with a resident’s access only scheme, residents would be provided with a permit to gain access at the closure points.

 

Mr Hirst provided detail of the Noise Hotline which would have 2 phone lines staffed by 2 people, supplemented by email and answerphone. Consultants would conduct spot checks that would be relayed back to central point and if required action would be taken to reduce the noise. A web enabled permanent monitor would be installed in Beulah Road for the duration of the event. Noise limits would be set offsite and monitored at the central control point, if a critical level was reached the sound at the stage would be reduced.

 

In relation to safety there would be an exclusion zone around the Pylons and the routes outside the site would have safety stewards.

 

Mr Dudley confirmed that water would be provided through potable drinking water bowsers, with water stations throughout the site, drinking vessels would be available free of charge and the applicant would accept this as a condition.

 

The Sub Committee asked if children would attend and were advised that Saturday would be 18 plus only, accompanied children could attend on Sunday and there was a child welfare plan.

 

(d)       Questions for the Applicant from the Objector

 

Ms Sillis asked what the finish time would be after the first year and how long the license would last for? Mr Phipps advised that the capacity after the first year would be 19,999 and the hours would be 10pm and 10:30 pm all the conditions and plans would need to tie in and this would need to be signed off.

 

Ms Sillis than asked what would be done to stop people driving to the event, especially from West Essex and East Hertfordshire were there was limited public transport? Mr Phipps advised that the organisers experience showed that the majority of people did go to these events by public transport, and that messaging and social media would advise travel by public transport. Ben Jones added that the transport model used had correctly predicted the traffic movement and been consistent with customer behaviour at other events.

 

Ms Sills enquired if there had been any discussion with the Royal Gunpowder Mills as they had held events which created traffic and parking issues. She was advised that the focus had been on the relevant authorities and Safety Advisory Group.

 

(e)        Presentation from the Objector

 

Ms Sillis advised the Sub-Committee that local residents 200 yards from the site already experienced public nuisance: from McDonalds which was open 24h hours/7 days a week; The Gunpowder Mills; and The White Water Raft Centre.  She acknowledged this was a once a year event, but suggested it would be larger, closer and nosier to the many resident in close proximity to the site.

 

Ms Sillis challenged how a noise level could be agreed that would be acceptable to the residents and suggested that when the hotline was called, the noise level would be deemed to be within the agreed level. She advised the applicant that many of the roads were private and permission would be required for the permanent noise monitor. She also stated that the residents would have to endure cooking smells throughout the event.

 

She had concerns regarding the parking as many of the car parks charged. The traffic from other sites and the event would create chaos and she challenged the effectiveness of the residents access permits.

 

She summarised that the fundamental issue with the application was noise, parking and cooking smells.

 

 

(f)        Questions for the Objector from the Sub-Committee

 

There were no questions from the Sub Committee.

 

 

(g)       Questions for the Objector from the Applicant

 

There were no questions from the applicant.

 

 

(h)       Closing Statement from the Applicant

 

Mr Phipps stated that this was a professional application that had been submitted after extensive dialogue and meetings with officers.  Experts had been appointed and a developed a series of reports that supported the events safety management plan.

 

The site was on the Showground and the event would promote the licensing objectives. Some of the residents in close proximity would not be happy, the concerns in relation to public nuisance had been addressed through the conditions and this did not warrant the refusal of the application. He reminded the Sub Committee that each application should be considered on its own individual merits. He advised that drinking water vessels would be provided and that the organisers had not experienced food smells at previous events The noise management experts had agreed how the event should be set up and managed and the police were satisfied with the plans including those for the last mile. He summarised that the licence should be granted in line with the revised conditions.

 

(i)         Consideration of the Application by the Sub-Committee

 

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application. During their deliberations the Sub-Committee received no further advice from the Legal Officer present. However, clarification was given around the function of a safety advisory group. The Sub Committee noted all of the submissions and representations, both oral and written made in relation to this application and considered what was appropriate to promote the four licensing objectives, the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.

 

 

RESOLVED:

 

That the application for a premises licence in respect Showground Site, Lee Valley Country Park, Waltham abbey, Essex EN9 1AB be GRANTED subject to the following:

 

This Licence will permit 1 event per year to take place, for a maximum of 2 days (Sat & Sun only), between the second week of July and the second week of September. The exact dates of the event to be agreed with the SAG and Licensing Authority no later than 12 weeks prior to the planned event date.

1. This Licence will permit 1 event per calendar year, taking place for a maximum of 2 days (Sat & Sun only).
2. In year one of the Licence (2021), regulated entertainment will cease at 21:30 on Sun.
3. In year one of the Licence (2021), sale of alcohol will cease at 21:30 on Sun.
4. Each and every event would be presented individually to the Safety Advisory Group (SAG).
5. The genre and style of musical performances for all events will be provided to the SAG and Police as part of the planning process for each event.
6. A Challenge 25 Policy will be in operation at all bars. Clear signage will be in place informing customers of this policy. The Designated Premises Supervisor (DPS) will ensure that all staff are briefed on the acceptable forms of ID.
7. Events will be categorised as either ‘18+ Only’ or ‘Family Friendly’
8. Events categorised ‘Family Friendly’ will feature a comprehensive Child Welfare Policy which will be detailed in the Event Safety Management Plan.
9. Maximum capacities for events will be agreed with Police and SAG during the planning process.
10. In year one of the Licence only (2021), the maximum capacity of the event will not exceed 15,000 persons on-site.
11. The final site plan layout will be agreed with the SAG a minimum of 28 days prior to the event.
12. The event organisers shall have a means of counting in the people entering the event site to ensure that they are able to provide on request, the number of people on site at any point in time to authorised officers.
13. Locked amnesty bins shall be provided for the disposal of alcohol and other waste.
14. An event and site-specific Event Safety Management Plan (ESMP) will be developed and shared with the Licensing Authority and SAG.
15. The ESMP will include details on: Risk Assessments, Site Plan, Fire Risk Assessment, Security Management Plan, Drugs Policy, Alcohol Management Plan, Traffic Management Plan, Medical Management Plan, Adverse Weather Plan, Crisis Communication Plan, Noise Management Plan, Ingress/Egress Plan, Sanitation Plan, Child Welfare/Vulnerable Persons Policy. This document (and appendices) will be ‘living’ documents which will be reviewed and revised in the planning phases of the events.
16. A reputable and experienced SIA-accredited security and stewarding company will be appointed to ensure public safety and to prevent crime and disorder.
17. The ESMP Security Management Plan will outline the number, position and roles of the Security and Stewarding staff working at the event. This will include not just the Premises itself, but also ‘The Last Mile / Zone Ex’ leading to and from transport hubs and taxi/private hire pick up/drop off locations.

17aThe Security Management Plan will be shared and agreed with both Essex and Hertfordshire Police no later than 28 days prior to the event.

18. All attendees to the event will be subject to search. Full details of the search will be agreed with Police and SAG and will be outlined in the ESMP.
19. Searches will be carried out by SIA Registered staff of the same sex.
20. The Drugs Policy will include New Psychoactive Substances (NPS) and No2/NOS/Nitrous Oxide as well as Controlled Substances. No2 will not be permitted on site and any found on entry will be confiscated.
21. Anyone found with an offensive weapon on entry will be refused admittance and the Police informed immediately.
22. Each bar on site shall have a dedicated bar manager or supervisor and team who shall be conversant with the requirements and responsibilities for the sale of alcohol.
23. All drinks shall be sold in either opened cans, PET containers or decanted into polycarbonate vessels. No glass will be permitted into the public festival arena. Glass bottles will be retained behind bars for disposal.
24. The event site will fully accord with both HSE guidance and also Fire Safety measures – an event and site-specific Risk Assessment and Fire Risk Assessment will be undertaken and implemented.
25. The Premises Licence Holder (PLH) shall carry out a suitable and sufficient risk assessment as well as use the Health and Safety Executive (HSE) "purple guide" (HSG195) on outdoor events to determine the level of first aid provision for the event, such that there was no undue demand on National Health Service resources.

25a A suitably qualified and experienced event medical company will be contracted to provide first aid staff and equipment (in line with the risk assessment) for the event. The event medical company will also produce a Medical Management Plan which will be shared with the SAG (including East of England Ambulance Service) no later than 28 days prior to the event.

26. All emergency exits, toilets and First Aid Posts shall be clearly indicated by means of signage, such that it is visible to attendees.
27. The appropriate type and number of firefighting equipment shall be provided throughout the site. Locations and numbers will be specified in the ESMP.
28. A queuing system will be designed and implemented at the main entrance to minimise waiting time whilst maintaining crowd safety
29. A Traffic and Transport Management Plan will be submitted to relevant authorities (including both Essex and Hertfordshire Police). The traffic management plan will include: (a) details of the traffic management measures to be implemented (b) the location and specification of barriers (c) details of the staffing schedule and (d) details of any permits and temporary traffic orders.

29a. The Traffic and Transport Management Plan and the Ingress/Egress Plan will also consider the various modes of transport that attendees to the event will utilise to access the event site and will detail measures taken to minimise disruption at the nearest main transport hub (Waltham Cross station) by means of staffing/security, event timings, communication, signage, messaging, barriers and the like.

29b. Both the Traffic and Transport Management and Ingress/Egress Plans will be agreed with the SAG (including both Essex and Hertfordshire Police) no later than 56 days prior to the event.

30. A qualified and suitably experienced Noise Management Consultancy will be appointed at least 12 weeks before the proposed event, to produce a Noise Management Plan (NMP) and provide representatives on site during the live  hours of the event. The Noise Management Consultant shall liaise between all parties, including the DPS, Promoter, Sound System Supplier, Sound Engineer and Licensing Authority on all matters relating to noise control prior to, and during the event.
31. The NMP will be developed by the Noise Management Consultant in consultation with the Local Authority’s Environmental Enforcement Team.
32. The NMP will detail the agreed dB Music Noise Levels (MNL) at specified off-site receptor locations. The agreed MNL will then form part of the licence for the event that year.

32a. The NMP shall be finalised and agreed in writing with the Local Authority at least 28 days before the proposed event.

33. Local residents will receive prior notification of the event including details of the event timings. The distribution radius for the notification letter will be agreed with the Local Authority. This is to include local businesses that may be affected by attendees to the event during ingress and egress
34. A noise “hot line” number shall be included within the notification letter, and publicised on the event’s internet/social media platforms. The number shall also be provided to the Local Authority, Lea Valley Parks Authority and the White Water Rafting Centre 14 days before the event, should they received complaints. This telephone number will allow residents to contact an event representative should they need to make a complaint during the event.

34a. The hotline shall be staffed at all times by the DPS or representative, and shall also be the point of contact for the noise patrols and be responsible for maintaining the level of music and other amplified sound at an appropriate level.

35. The PLH shall have in place an arrangement (contract) with a reputable Waste Management Company to manage the event site and externally affected areas for the duration of the event and a post event clean up.

·      ‘18+ Events’:

36. The event will be a ticketed, 18+ music festival.
37. No person under the age of 18 will be permitted to enter the event site.
38. .A Challenge 25 policy will be in force at all festival bars.
39. A Child Welfare and Vulnerable Person procedure will be in place and will be detailed in the ESMP. This will outline action to be taken in the event that under 18’s attempt to gain entry to the event or are discovered within the event perimeter.

·      ‘Family Friendly Events’:

40. Children are to be supervised by an adult at all times. Parents/Carers will be responsible for their children.
41. Any child under the age of 16 must be accompanied by an adult (over the age of 21).
42. Each adult will be allowed to be responsible for a maximum of 4 children.
43. Wristbands will be provided on entry to all children to allow parents/carers to write their phone number on the inside of the wristband.
44. A dedicated Lost Children point will be set up and manned by Disclosure and Barring Service (DBS) checked staff.
45. A Challenge 25 policy will be in force at all festival bars.
46. A Child Welfare and Vulnerable Person procedure will be in place and will be detailed in the ESMP.

 

In addition, the following conditions which were considered to be reasonable and proportionate and will not undermine the licensing objectives.

• For public safety

 

(a)    Free water and free drinking vessel for the water will be provided at the Event.

(b)    A fully drafted Event Safety Management Plan (ESMP) must be provided to the Licensing Authority and Epping Forest District Council Safety Advisory Group (SAG) no less than three (3) months prior to the commencement of an event. This draft ESMP will include all items listed in Condition 15.

 

Which this committee considered to be reasonable and proportionate and would not undermine the licensing objectives.

 

The applicants and the objectors were reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.