The Licensing Sub-Committee of Ealing Council convened to consider a new premises licence application and review panel procedures. Councillor Kim Kaur Nagpal, Decent Living Incomes was scheduled to chair the meeting. The Sub-Committee was also expected to note any apologies for absence, substitutions, and declarations of interest.

New Premises Licence for Kenya In The Park

The sub-committee was scheduled to consider an application for a new premises licence for Kenya In The Park, located in Acton Park, The Vale, East Acton. The applicant, Kenya In The Park CIC, sought permission to conduct several licensable activities, including:

• Retail sale of alcohol (on supplies)
  • Saturday: 11:00 to 21:30
  • Sunday: 11:00 to 21:00
• Live Music
  • Saturday: 11:00 to 22:00
  • Sunday: 11:00 to 21:00
• Recorded Music
  • Saturday: 11:00 to 22:00
  • Sunday: 11:00 to 21:00
• Performance of Dance
  • Saturday - Sunday: 15:00 to 19:00
• Opening Hours
  • Saturday - Sunday: 11:00 to 22:00

The report pack noted that the premises is currently a park and is not located within a Special Policy Area as defined in the council's statement of licensing policy.

The sub-committee was asked to consider the application, the operating schedule, representations received, and the council's statement of licensing policy. The report pack outlined that the sub-committee had several options:

• Grant the application in full.
• Grant the application subject to conditions consistent with the operating schedule.
• Grant the application subject to revised conditions consistent with modifications to the operating schedule as necessary to promote the licensing objectives.
• Reject the application in part or in full.

Representations Received

The council received five representations from local residents, who were named in the report pack as Jonathan Foster-Barham, Martin Afshari-Mehr, Susan Hauser, Sandra Brown, and Alexander Alecio. The representations raised concerns relating to:

• Prevention of crime and disorder
• Prevention of public nuisance
• Public safety

Jonathan Foster-Barham, Martin Afshari-Mehr, and Alexander Alecio all raised concerns about the prevention of crime and disorder, and the prevention of public nuisance. Martin Afshari-Mehr also raised concerns about public safety. Susan Hauser and Sandra Brown both raised concerns about the prevention of public nuisance.

Martin Afshari-Mehr stated that the application:

seeks permission for up to 9,999 attendees, yet provides no published crowd management plan. There is no information on stewarding, emergency evacuation routes, safe density zones, or medical cover — all of which are essential for a gathering of this scale.

He also stated that there were no noise control or mitigation measures proposed, and that the traffic and access strategy was unconvincing.

Alexander Alecio stated that the event seemed substantially similar in style and scale to the Acton Carnival, and would present similar challenges to local residents. He stated that the event would be more intrusive, harder to avoid and consequently more unbearable than the Acton Carnival.

Licensing Policy Considerations

The report pack drew the sub-committee's attention to the council's statement of licensing policy, which sets out proposed standards of management and controls that should be in place to promote each of the licensing objectives¹. The report pack stated that conditions must only be imposed where it is appropriate to promote one or more of the four licensing objectives and should be derived from any relevant representations made in respect of the application. It also stated that the conditions will be focused on matters, which are within the control of individual licensees, and that the primary focus will be on the direct impact of the activities taking place at the licensed premises on members of the public living, working or engaged in normal activities (including the right to sleep) in the area concerned.

Legal and Human Rights Implications

The report pack noted that the committee must have regard to its statement of licensing policy and the guidance issued by the Secretary of State pursuant to Section 182 of the Licensing Act 2003². The report pack also reminded the sub-committee of the need to be aware of and take into account any implications that may arise from the Human Rights Act 1998, specifically Article 6 (the right to a fair trial), Article 8 (the right to respect for private and family life) and Article 1 of the First Protocol (the protection of property).

Panel Procedure Guidance Note

The sub-committee was scheduled to receive a Panel Procedure Guidance Note. The purpose of this note was to outline the procedure to be followed at licensing sub-committee hearings. The note stated that the procedure to be followed at Licensing Sub Committee Hearings will be outlined by the Chairman at the beginning of each hearing, and that parties to the hearing can be represented by a friend or legal adviser who acts as their spokesperson.