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:   Grasshoppers Rugby Football Club, Syon Lane, Osterley, Isleworth
TW7 5PN (“the
Premises”)
 
APPLICANT:  UK Entertainment Group
Ltd
  
TAKE NOTICE
THATON 21 February 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 a premises licence Grasshoppers Rugby Football
Club, Syon Lane, Osterley, Isleworth TW7 5PN is
GRANTED as follows:
 
Supply of
alcohol for consumption on the premises:
Monday (Bank Holidays Only) 12:00 to 21:30
Saturday 12:00 to 22:00
Sunday 12:00 to 21:30
 
Live Music,
Recorded Music, Performance of dance, Anything of a similar
description to that falling within e. f. or g. (indoors &
outdoors)
Monday (Bank Holidays Only) 12:00 to 22:00
Saturday 12:00 to 22:30
Sunday 12:00 to 22:00
 
Hours
premises are open to the public:
Monday (Bank Holidays Only) 12:00 to 22:00
Saturday 12:00 to 22:30
Sunday 12:00 to 22:00
 
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 Police, the Applicant and the
Licensing Enforcement Team and as amended by the Licensing Panel in
order to clarify the conditions and ensure their
enforceability:
 
 

1.   
The Licence is limited to a 2-year period running
between 1 May 2024 to 1 September 2024 and 1 May 2025 to 1
September 2025.
 

2.   
No events of over 500 attendees are to take place in
the year 2024.
 

3.   
A maximum of 6 music events with a capacity of over
500 and subject to a maximum of 3000 can take place between 1 May
2025 to 30 September 2025.
 

4.   
Any events are to be held over Saturday, Sunday or
Bank Holiday Monday (where applicable) between the periods
specified in condition 1. An event which carries over to a
consecutive day(s) will be considered one event.
 

5.   
The Maximum accommodation figure at any one time
shall not exceed 3,000 (this includes staff).
 
6.   
For each event of over 500 attendees, the Premises
License holder will undertake a full and detailed consultation with
each of the responsible authorities. This consultation will take
place through a Multi-Agency Planning Group, the Safety Advisory
Group (SAG), chaired by the London Borough of Hounslow in the lead
up to the event.

 
7.   
An initial Event Safety Management Plan (ESMP)
(first draft) shall be made available to the Licensing Authority at
least 90 days prior to the commencement of the event period that
will include any additional information or improvements identified
and agreed from the previous event’s multi-agency
debrief.
 
8.   
The ESMP shall contain detailed proposals for each
event in policies and plans to promote all the licensing objectives
of public safety, prevention of crime disorder, prevention of
public nuisance, protection of children from harm.
The EMP shall be made up of the following
documentation, separated into specific chapters covering the
proposed plan and control measures for the event:
·      
Introduction
·      
Aims and objectives of the event
·      
Health and Safety Policy Statement
·      
Event Details
·      
Estimated attendance & demographics
·      
Content Description
·      
Event Planning Process
·      
Roles & Responsibilities – organisational hierarchy
·      
Licensing conditions
·      
Addressing the licensing objectives
·      
Event Communications Plan
·      
Radio & Telephone Contacts
·      
Event Risk Assessment & Method Statements (RAMS)
·      
Production schedule
·      
Details on Contractor Management & Construction Design
Management
·      
Infrastructure and Equipment list including specifications and RAMS
of structures, sign off certificates
·      
Health and Safety Monitoring arrangements
·      
Site Accessibility Provisions and procedures
·      
First Aid Assessment and Provision
·      
Lost Property
·      
Staff Welfare
·      
Caterers
·      
Hygiene Certificates, Council Registration, Insurance, RAMS, HCAAP
& Allergen information
·      
Trade and vendor procedures
·      
Drinking Water
·      
Control of noise including a noise management plan
·      
Public Liability and Employers Liability Insurance
·      
Copies of staff briefings
·      
Emergency Plans and evacuation
·      
Contingency Plans
·      
Marketing & Communications Summary
·      
Alcohol and Drug Management Plan; Command, Control
and Communications Plan;
·      
Fire Safety Management Plan;
·      
Major Incident Plan;
·      
Medical and Welfare Plan for members of the public
attending the event and staff working at the event;
·      
Sanitary Facilities Plan;
·      
Security and Stewarding Operational Plan;
·      
Site Plan; Ticket and Entry Policy;
·      
Trader Information Management Plan;
·      
Traffic and Transport Management Plan;
·      
Waste Management Plan;
·      
Water Supply Plan;
·      
Adverse Weather Plan;
·      
Schedule of Key Dates. Crowd Management Plan (To
include Crime Prevention/Reduction, Crowd Dynamics and Ticket and
Entry Policy
 
4.   
A final ESMP shall be made available to the
Licensing Authority and Responsible Authorities no less than 28
days before the start of the event period. The contents of the
EMP shall be fully complied with, which shall convert to a
condition of the Licence on receipt of the approval in writing from
the Licensing Authority.
 
5.   
No major changes will be made to the ESMP, any minor
changes will be regularly updated to the local authority as soon as
possible. Following the circulation of the draft ESMP’s, the
premises licence holder, or an agent on behalf of and under the
authority of the premises licence holder, shall consult with all
responsible authorities and shall take due account of any
representations made by a responsible authority regarding the
content of the ESMP documents.

 
6.   
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 Advisory
Group no later than three months prior to the date of the event.
Following this presentation a second presentation shall be
organised and take place no later than six 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.
 
7.   
In accordance with the ticket sales and the Purple
Guide for event safety and management, there shall be 1 trained SIA
staff per 100 members of the public to be present during the entire
event and the event organise shall consistently risk assess the
event and increase this number if required.
 
8.   
A designated smoking area shall be provided within
the grounds of the event therefore, if any guest leaves the
premises to smoke they will be refused re-entry. Signs explaining
this will be placed at all Entry and exit points.

 
9.   
A full search will be conducted by trained SIA staff
of all guests which will include all bags, vehicles, a pat down
search and metal wanding at the entrance of the
premises.

 
10.Last entry to the event will be
20:00hrs and a no re-entry policy will be in place.

 
11.No drinks sold or
served are to be in any glass container.

 
12.Any item seized
by event staff will be safely sealed and reported and handed over
to police on the day. Suspect where possible will be detained
pending police arrival.

 
13.The premises will
not supply any Beer,
lager or cider above 5.5% ABV.

 
14.A dispersal
policy will be put in place and risk assessed by the event
organiser.

 
15.No Alcohol
purchased at the said premises will be permitted to be taken
outside the area that covers this premises licence in closed or
open containers.

 
16.Notices will be
placed around the premises requesting that patrons leave the
premises in a quiet and orderly manner, so not to disturb local
residents.

 
17.A Challenge 25
proof of age scheme shall operate at the premises. Signage shall be
displayed advising customers that the scheme is in
place.

 
18.All staff
authorised to sell alcohol will be trained in the Challenge 25
scheme and this training will be documented to include the date the
training was given, the name of the person who gave the training,
the person who received the training and signatures by both trainer
and trainee.

 
19.Posters shall be
displayed in prominent positions advising customers of the Proof of
Age policy in force at the premises.
 
20.The Applicant
will employ a suitably qualified acoustic consultant to produce a
Noise Management plan for the event and to monitor noise levels
throughout the event.
 
21.The Event
Organiser will submit a Noise Management Plan at least 90 days
prior for approval by Environmental Protection.
 
22.The Licence
Holder shall have full control over the sound amplification
equipment and the volume shall be adjusted according to the
requirements of the Environmental Protection Team.
 
23.Unrestricted
access to the front of house position and backstage areas shall be
allowed at all times to the Responsible Authority for Environmental
Protection for the purpose of sound level measurements,
communications with the nominated noise consultant / sound engineer
and monitoring licence conditions.
 
24.All complaints
about noise received by the site office / event organiser shall be
logged and shall be notified to the Environmental Protection Team
as soon as reasonably practical of the complaint being received by
calling the duty phone.
 
25.Event
information, including but not limited to when sound checks may be
conducted, the times of the performances and a complaints hotline
number will be communicated to all residents and businesses at
least four weeks prior to the first day of the event located within
200 metres radius from the stage position.
 
26.The Applicant is
to make use of specific pick-up points for taxi and ride haling
apps.
 
 
27.The licence holder will engage a
medical services team to provide suitable medical cover during the
event in compliance with the arrangements in the EMP.
 
28.A waste management contractor
will be employed to manage waste generated by the event, including
all the agreed locations external to the licensed premises.
 
29.The PA system for the stage will
be set-up and calibrated to direct sound away from any clusters of
houses and especially any noise sensitive properties. A sound
engineer will be present at all times, and we will take readings
from around the site during set-up to ensure we are within the
guidance noted in the Noise Council code of practice on
Environmental Noise Control at Concerts.
 
30.A sound check will take place at
11am on Saturday morning with our benchmark being holding a
conversation across the site without having to shout.
 
31.The Main Stage will be located
as per the Noise Management plan recommendation.
 
 
 
REASONS:
 

1)        
The Licensing Panel convened in person on 21
February 2024 to determine an application for a premises licence
for the Premises made under the Licensing Act 2003.  The Premises are currently
licensed.
 

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 (“the Statutory
Guidance”)

·      
Hounslow Council’s Statement Licensing Policy
2020-2025 (“the Council’s
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 of alcohol
on the premises along with live music, recorded music, the
performance of dance and anything of a similar nature to these. The
Applicant is an events company who propose to hold events to take
place on weekends and bank holiday Mondays annually between
1st May to 1st September each year. The
proposed events will be outside in the grounds of Grasshopper Rugby
Football Club, being the Premises. A plan of the generic layout of
such events is provided alongside the Application, albeit this
was said to be subject to variations depending on events which take
place. 
 

4)        
During the consultation process, a representation
was received from the Pollution Control Team, a responsible
authority who were concerned by the potential of noise complaints
from residents and suggested additional conditions which could be
the Panel could take into account as shown at Appendix B. However,
this representation was said to be withdrawn / satisfied shortly
before this hearing took place by the Applicant. It was noted by
the Panel that in any case, the representation requested that a
noise management plan be provided and the Applicant had confirmed
they would provide this prior to events within their
Application.
 

5)        
Forty-three representations were received objecting
to the Application (“the Objectors”), whilst two
representations were received in favour of Application (“the
Supporters”). The Objectors predominantly raise
concerns around a potential increase in anti-social behaviour,
crime and disorder, public nuisance and in particular noise
nuisance and possible traffic management issues due to the location
of the Premises. Concerns were also raised around travel to and
from the Premises, potential litter and waste management issues as
well as the impact of such events on children, local residents and
the local amenities including a school and sports club. One of the
Objectors, being a residents association, whilst stating the
Application should be refused in the first instance, suggests
additional conditions which should be applied to the Licence if the
Panel were minded to grant the Licence. A copy of this particular
representation is shown at Appendix F. The Supporters suggest that
issues raised in objections are misleading and that the proposed
events would assist the Premises financially and be of benefit to
the community. 
 

6)        
The Police and Licensing Enforcement also submitted
representations in which they suggested additional conditions to be
added to the Licence if granted. Both representations mirror each
others’ suggested conditions, save for that the Licensing
Enforcement appear to suggest a time for Live Music,
Recorded Music and Performance of Dance beyond that which was
requested. The Panel noted this and considered this to be an
obvious typographical error. A copy of the Licensing Enforcement’s
representation is shown at Appendix E whilst the Police’s
representation is shown at Appendix G. Both appendixes include
emails from the Applicant agreeing to the suggested
conditions.
 

7)        
The Applicant, being a company, were represented by
Joshua Silver and Rachel Jackson who both appeared in
person. A number of the
Objectors also attended.
 

8)        
The Applicant addressed the Application and
suggested that the representations following from this may be
misconstrued. This was not simply a music event and they were in
discussions with advisory groups and community groups. Whilst it
was suggested in some of the representations that the Applicant
lacked experience in such events, the Applicant disputed this
stating that they held events throughout the UK ranging from
attendees of 2,000 in capacity to 100,000. They had also worked on
Eurovision events on two occasions as well as the Slam Dunk
Festival which attracts around 40,000 attendees per day as well as
working on exhibitions. The Applicant also highlighted that they
worked with various Local Authorities and were in the process of
working with the Hounslow Events Team for an event for up to 10,000
people.
 

9)        
In response to further questions from the Panel and
Objectors, the Applicant also highlighted that they had worked on
similar events whereby residents were located close to the site
noted as Colesdale Farm and Herts County Show, both where there
were said to be residents within 50 meters of the premises. The
Objectors considered that this was not comparable given residents
in this Application were even closer where there could be a greater
impact and privacy may be an issue, where as the Applicant
considered that any potential impact (in particular noise) on
residents was not much difference whether 50 meters or
less. 
 

10)     
The Panel queried whether the Applicant had any
prior issues with events and what they had learnt from those
events. The Applicant stated that issues tend to be site specific,
where one event may have different possible issues to another. In
response to further queries, the Applicant stated that they had put
on circa 70 events in the last year and only had an issue with one
licence in the last 10 years where it was revoked, although the
Applicant stated that this was not an issue with residents but
rather other issues. It was not clear to the Panel whether the
Applicant’s representative was speaking in his personal
capacity of running events or for the company Applicant.
 

11)     
The Applicant acknowledged that the borough is one
which is unfortunately considered as one of the worst for drug
issues, but whilst that may be the case, the Applicant stated that
the events which were proposed would be unlikely to specifically
attract drug dealers given it would be an area with high security
and possibly Police presence. It was further acknowledged by the
Applicant that as with any live event, it may not go smoothly but
that they felt there were enough in terms of their operating
procedure and proposed conditions to mitigate any such issues.
Furthermore, they considered that it was about how you address any
problems and how quickly you deal with them.  
 

12)     
The Applicant explained that the hospitality
industry was struggling and Grasshoppers Rugby Club accordingly
approached them to seek other sources of income. Outside of the
Premises usual seasonal times, between May to September they remain
open with little income. The events which were proposed did not
only centre around music and they had plans to hold Christmas and
other holiday or religious events. The Applicant stated that no
events were planned for this year and that they were happy to relay
that they no more than six music events would take place despite
the Application not making reference to a limit of music or other
events. Moreover, the Applicant emphasised that UK has lost a
number of nightclubs over the past year alone and there is a
feeling that generation ‘Z’ are missing out on this
aspect, hence such events should be pushed as an integral part of
the UK economy.
 

13)     
The Panel made enquiries about the use of local
employment and benefit to the local community to which the
Applicant confirmed they reach out for local talent in a variety of
different roles working with local job centres. The Applicant also
pointed out that holding such events brings business to the area
including local hotels for people who may be staying over. The
Objectors made enquiries about the Applicant’s business plan
and how holding such events would generate a profit for them. The
Panel considered that this was outside of their remit to consider
and that there was a need to focus on the licensing objectives and
how they could be promoted.
 

14)     
Numerous queries and concerns were raised around how
the event would operate and what measures would be in place to
prevent issues. In response to concerns around nuisance from people
loitering after events and how they would be dispersed, the
Applicant stated that they tend to avoid having a single point of
cut off time but rather leave bars and stands open whilst keeping
music at a lower level towards the end of an event to allow people
to slowly filter out. In doing so they have teams of security or
stewards who walk with the attendees leaving the Premises towards
the local transport stations. This Applicant confirmed this was a
realistic approach as they already implemented such procedures at
other events.  Security would also
monitor and assess the crowd’s behaviour and teams would be
distributed as and when necessary depending on the crowd’s
behaviour and the type of event. With regards to security, as per
the Applicants suggested operating procedure, the Applicant would
make use of the Purple Guide for event safety and management as
well as two perimeters around the site to prevent unauthorised
access. The Applicant advised the Panel that on a maximum capacity
event of 3,000 they would look to have approximately 55 SIA
Security Officers in addition to stewards and traffic management
teams. CCTV would also be used at entrances and exit, whilst
alcohol would be prohibited from entering the event with strict
procedures on what can be brought into an event. Generally, no
liquids would be allowed save for people bringing an empty water
bottle which could be re-filled within the Premises. There would
also be a ‘no glass’ policy operating for sales within
the event.
 

15)     
Concerns around timings of the events were also
considered to which the Applicant stated that not all events would
run for the full time sought in the application and that some may
finish as early as 6pm.
                                                                                        

16)     
Many of the Objections centred around poor transport
availability to the Premises as noted by Transport for London's
(TFL) Public Transport Accessibility Levels. The Objectors
considered that it would not be possible to stage a car free event
as was being suggested and that issues with traffic management,
parking and the said narrow roads would cause issues. The Applicant
reiterated that this would be a car free event and was in agreement
with Objectors that any cars who did happen to attend and park
where obstructing access should be removed. The Applicant added
that this would involve input from the Parking enforcement team and
that they would in any case monitor roads to ensure there was
access for any emergency vehicles referred to as the ‘blue
route access.’ The Applicant specified that they work with
Uber and have a great relationship with them to create certain
restricted drop off locations. This would mean that there would be
dedicated pick up and drop off points whilst certain areas would be
restricted for drop off and any Uber driver disregarding this would
be fined.
 

17)     
The Panel queried how the Applicant would be dealing
with complaints and in particular with reference to noise issues.
The Applicant stated that they always have someone on site for each
event who manages complaints. There are a number of different ways
in which people can get in touch with them including by email and a
hotline number. Where complaints are received, these are logged on
to the system including any general feedback on events. In regard
to noise complaints, the Applicant would ask the person who may be
complaining where they are based (approximately if unwilling to
give an address) so that they can accordingly send a noise
consultant to take a reading in that location as to the level of
noise and act accordingly. The Applicant stressed that they were
not looking to simply hold a one-off event where they have little
disregard to resident issues, but rather looking to work with
everyone to ensure events could be run smoothly, relaying that if
they did not, they would of course be at risk of losing their
licence if subject to a review. They also emphasised that their
event safety plans referred to within their Application went into
considerable detail and that they pride themselves in putting in
appropriate measures for any event whether it be for 500 attendees
or considerably more. The Applicant clarified that they were
ultimately and solely responsible for events held at the Premises,
even if they were working on holding events on behalf of
others.
 

18)     
Further concerns were raised around noise nuisance
from equipment set up and the use of generators. In response to
these the Applicant considered that such concerns were somewhat
exaggerated and that the equipment set up would only consist of a
few trucks arriving at the Premises and perhaps installing fences.
This was otherwise not considered an issue. With reference to
generators, these may be used and whilst there were questions about
which brands would be used and whether there was such thing as a
‘silent’ generator, the Applicant responded in stating
that there were many generators available including electric
generators and that there was also an existing power source at the
Premises which could be used.
 

19)     
In response to queries about the effect of the
events on residents and in particular those who work shift
patterns, the Applicant stated that they do consider this as part
of their planning and assessment. Whilst it was highlighted that
other events often take place locally at the Osterley Park Hotel /
Terminal 6 Lounge and Bar, the Applicant reaffirmed that they would
work closely with other venues to ensure such issues were mitigated
with coinciding with events. The effect on the neighbouring cricket
club was raised as a potential concern, however, the Applicant
confirmed they would also seek to work with them if the Licence was
granted and discuss what they can do to help them. In relation to
the neighbouring school, it was acknowledged by the Applicant that
there may be some Saturday school events taking place over weekends
when events at the Premises were also taking place if the Licence
was granted but that any such schooling events would have likely
finished by around 3pm whereas the majority of attendees to events
by the Applicant tend to arrive later. The Applicant also added
that events would need to not only be signed off by management of
the Grasshoppers Rugby Club but also by Licensing with submission
of the Event and Safety Management Plan (“the
ESMP”). The Panel noted that the Safety Advisory Group
would be required to consider the ESMP but that within the
correspondence regarding the agreement of conditions with the
Police, they indicated that this would be for events consisting of
over 5,000 whilst these events were proposed to be a maximum of
3,000.
 

20)     
The Objectors sought clarification as to who would
be responsible for cleaning any litter from the event to which the
Applicant confirmed they would responsible and that they would have
a team who cleared the area. The Panel also noted the Application
confirmed that a waste management contract would be in place for
events. The Objectors enquired about requirements to upgrading CCTV
outside of the Premises, however the Applicant replied to state
that this would be for the Council to consider and invest as
appropriate.
 

21)     
The Panel sought the Applicant’s views on the
proposed conditions raised by the Objectors if the Panel were
minded to grant the Licence. The Applicant considered that the
proposed conditions were somewhat excessive and not required.
Referring to the proposed condition of events finishing at 9pm, the
Applicants considered this to be inconsistent with event
culture.
 

22)     
In representations, although the Objectors were
somewhat pleased to hear that the Applicant would work with the
community and residents to listen and act upon recommendations (on
the basis that they would also work with the Applicant), the
Objectors reiterated their stance that the application ought to be
rejected. In accordance with submitted representations, specific
reference was made to 2.1, 2.2 and 2.6 under section 5 of the
Agenda. It appeared the Objectors were not satisfied that that the
Applicant had provided enough assurances to alleviate their
concerns.
 

23)     
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).

 

2.2       
In the exercise of their functions, licensing authorities should
seek to co-operate with the Security Industry Authority
(“SIA”) as far as possible and consider adding relevant
conditions to licences where appropriate…”
 
However, the Panel also noted that under Public
safety:

“2.8       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”
 
 

24)     
Furthermore, the Statutory Guidance states the
following:
“Public Nuisance

2.21      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.

 

2.22      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.

 

2.23      Conditions
relating to noise nuisance will usually concern steps appropriate
to control the levels of noise emanating from premises…. .
Any conditions appropriate to promote the prevention of public
nuisance should be tailored to the type, nature and characteristics
of the specific premises and its licensable activities. Licensing
authorities should avoid inappropriate or disproportionate measures
that could deter events that are valuable to the community, such as
live music.

 

2.24      As with all
conditions, those relating to noise nuisance may not be appropriate
in certain circumstances where provisions in other legislation
adequately protect those living in the area of the premises. But as
stated earlier in this Guidance, the approach of licensing
authorities and responsible authorities should be one of prevention
and when their powers are engaged, licensing authorities should be
aware of the fact that other legislation may not adequately cover
concerns raised in relevant representations and additional
conditions may be appropriate.

 

2.25      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.”

 

……

           

2.27      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.

 

 

25)     
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.”
 
 

26)     
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.”
 

27)     
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. They also noted that in accordance with 2.1
of the Statutory Guidance, ‘Licensing authorities should
look to the police as the main source of advice on crime and
disorder.’ In this case it appeared the Police had been
satisfied by the conditions agreed. Moreover, whilst 2.21 of the
Statutory Guidance states ‘Beyond the immediate
area surrounding the premises, these are matters for the personal
responsibility of individuals under the law’ the
Applicant had agreed to work with residents and to ensure cleaning
and safe dispersal of crowds.
 

28)     
The Panel acknowledged that there were many concerns
raised by the Objectors of which mainly seemed to be local
residents. However, the Panel also noted that the Applicant was
clearly knowledgeable in holding such events and that they had in
the majority adequately acknowledged such concerns and suggested
provisions to mitigate such issues.
 

29)     
Having taken all the representations into account,
the conditions recommended by the Licensing Enforcement Team, the
statutory provisions and the Revised Guidance issued under section
182 of the Licensing Act 2003 and the Council’s Policy, the
Panel were satisfied that the Applicant demonstrated provisions to
promote the licensing objectives.
 

30)     
As the Applicant had themselves stated, each event
is different and until such time as events are held, they would be
unable to address any potential issues at the Premises until known
when the events took place. The Panel therefore determined that it
would be beneficial for the Licence to be limited to a grant of two
years only. Given that the Applicant had also expressed that events
were not planned for 2024, the Panel determined that events of over
500 and subject to a maximum of 3,000 attendees (including staff)
would therefore be limited to the period between 1May 2025 to 30
September 2025, taking place on weekends and Bank Holiday Mondays
where applicable as indicated within the Application. The Panel was
minded to apply such limitations so as to give the Applicant a
chance to see how the events went and to address any issues that
may arise in a future application.
 

31)     
Moreover, the Panel considered it necessary to limit
the number of music events with a capacity of over 500 to 3000 to 6
music events in the granted time so as to not cause potentially
excessive disruption to the local residents. The Panel considered
this important as there were various concerns raised around
potential noise complaints and noise nuisance particularly from
proposed music events.
 

32)     
The Applicant had agreed conditions as set out
within the Agenda with the Police and Licensing Enforcement. The
Panel noted the conditions proposed by Licensing Enforcement and
Police were broadly identical save for what appeared to be a
typographical error in the hours suggested by the Licensing
Enforcement. The Panel noted from the Police’s representation
and subsequent correspondence with the Applicant within the Agenda,
that the Safety Advisory Group would be required to consider the
ESMP but that they had referred to events consisting of over 5,000
whilst these events were proposed to be a maximum of 3,000.
Irrespective of this, the Panel considered it important for
ESMP’s to be submitted and for the relevant teams to
determine whether further action was necessary and so included this
as a condition.
 

33)     
The Panel also considered the proposed conditions
within the Application and were happy to incorporate these where
applicable with some slight amendments as set out below and save
for where conditions were duplicated. In particular the reference
to the Event and Safety Management Plan were similarly referenced
by Licensing Enforcement, the Applicant and the Police.
Accordingly, the Panel decided to amalgamate the condition
referring to he suggested contents within ESMP, removing any
duplicate chapters. The full list is set out within condition
number 8 above.
 

34)     
The Panel were of the opinion that as referenced in
the Application by the Applicant, the Purple Guide for event
management and safety ought to be followed which recommends 1 SIA
security per 100 people.  The Panel
therefore decided to implement this as a minimum condition in
accordance with 2.2 of the Statutory Guidance and in order to
further promote all four licensing objectives, although considered
the Applicant could also employ more security as may be
required.
 

35)     
The Panel noted there were clear concerns around the
prevention of crime and disorder, public safety, the prevention of
public nuisance and the protection of children from harm and
therefore proposed to add conditions which would further promote
the licensing objectives. The Panel were aware that each
application should be considered on its own merit and therefore
applied additional conditions which it thought would be suitable
for such events at the Premises in accordance with 1.17 of
the Statutory Guidance which states ‘Conditions attached
to licences and certificates must be tailored to the individual
type, location and characteristics of the premises and events
concerned.’ 
Conditions 7 to 26 were accordingly added to the Licence as
considered appropriate by the Panel. These include limits on the
strength of alcohol served as well as procedures for searches at
entry of the events. Conditions 27 to 31 are conditions proposed by
the Applicant within their Application.
 

36)     
The Licensing Panel has therefore decided to
GRANT the application for a premises licence, amended to
reflect the Panels considerations.
 

37)     
The full list of amalgamated and amended conditions
to be added to the Premises Licence is set out at the beginning of
this Decision. Overall the Panel was satisfied these conditions
would go some way in preventing issues and promoting the licensing
objectives and that the limited period of Licence and number of
events would help to alleviate concerns of the Objectors by giving
the Licence Holder the opportunity to demonstrate that the events
could be run smoothly. Whilst not a condition, the Panel also noted
that the Applicant would seek to co-operate with residents and
neighbours and would expect that this is followed through to ensure
compliance with the Licensing Objectives and for events to run
smoothly.
 

38)     
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
 

39)     
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.