From: Jackaman, Kevin: WCC
Sent: 03 December 2019 09:34
Subject: Grosvenor Square Gardens - 19/10699/LIPN
Attachments: conditions proposed by applicant - BH comments.docx
Dear All
Ahead of the hearing due to be heard on the 5 December 2019, please find attached late submissions from Richard Brown, acting on behalf of one of the residents.
Kisi, please kindly circulate to Members of the Committee and I can confirm that a copy has been sent to all interested parties.
Regards
Kevin
Jackaman
Senior
Licensing Officer
Licensing
Team
Public
Protection & Licensing Department
Westminster
City Council
15th
Floor
64 Victoria Street
London SW1E 6QP
Direct Line: 0207
641 8094 (07931 545491)
Call
Centre (for general queries): 0207 641 6500
Email:kjackaman@westminster.gov.uk
Web: www.westminster.gov.uk
From: Richard
Brown <licensing@westminstercab.org.uk>
Sent: 03 December 2019 09:22
To: Steward, Michelle: WCC <msteward1@westminster.gov.uk>;
Jackaman, Kevin: WCC <kjackaman@westminster.gov.uk>;
Licensing: WCC <Licensing@westminster.gov.uk>
Cc: Matthew Phipps <matthew.phipps@TLTsolicitors.com>
Subject: Grosvenor Square Gardens - 19/10699/LIPN
Dear Michelle/Kevin,
I am representing Belinda Harley at the hearing on Thursday. I write with a response to the documentation submitted by Mr Phipps on behalf of the applicant, in particular the proposed conditions submitted. I should be extremely grateful if this email and attachment could be distributed to Members and the parties.
Ms Harley’s position is twofold. Firstly, that Grosvenor Square Gardens is an inappropriate location for events of the scale proposed by the applicant, (see below under the heading ‘Inappropriate location’). Secondly, that the application, if granted and particularly if granted in its current form, would harm the licensing objectives (see below under the heading ‘The merits of the application’). I attach a document which provides Ms Harley’s comments on the conditions submitted with the application. We are more than happy to discuss the content of this at the hearing.
- Inappropriate location
The premises is described in the application as ‘one of London's most attractive public spaces, with nearly 2.5 ha of lawns and planting. It is ordinarily open to the public from dawn to dusk. In relation to this application the Square will be utilised for various events as detailed further in the accompanying brochure.’
The Gardens are also the site of the 9/11 Memorial. There is concern as to the extent to which events in the Gardens may impinge on the use of this space of ‘peaceful contemplation’, as Ms Harley puts it. For instance, will access be impeded? Will the peace sought by visitors be compromised?
Grosvenor Square falls within the ambit of the Roosevelt Memorial Act (“the 1946 Act”). It is Ms Harley’s primary position that the provisions of the 1946 Act should prevent the licensing authority from either a) granting a premises licence at all or b) granting an application of this scope in the terms applied for. Her view is that the grant of the premises licence as applied for would constitute a material encroachment and/or interfere with the amenity of Grosvenor Square and/or the laying out of the Square as a garden for the use and enjoyment of the public in perpetuity.
- The merits of the application
Without prejudice to the above, it is Ms Harley’s submission that on the merits of the application, the scope of the application is such that if it were granted either a) at all; or b) in the terms applied for, it would inevitably harm the licensing objectives.
The application seeks to permit a wide range of licensable activities, which the applicant has categorised with differing number of days, timings and capacities. The licensable activities are sought for an open space with no sound insulation and with many residents in the immediate and wider vicinity. Many of these residents have already suffered for many years (and continue to do so) with the impact of the operation of the premises licence for Hyde Park.
The timings are felt to be wholly unsuitable for an outside open space and will inevitably lead to harm to the licensing objectives, particularly "prevention of public nuisance". The number of events, hours and capacities proposed is excessive. 68 days (nearly 10 full weeks) of events are proposed. There would also be the right to notify the licensing authority of up to 15 Temporary Event Notices (TENs) per calendar year covering a maximum of 21 days, making a potential maximum of 89 days of events featuring licensable activities. Further the vast majority of the events will no doubt be concentrated in the summer months.
Members will be aware that a premises licence was granted on 27 June 2018 (ref: 18/03517/LIPN) for a period of 12 months. There are a number of differences between that licence and this application, and it is fair to acknowledge that some of the differences may be beneficial, when compared to that licence. However, the licence permitted 65 days of events, compared to 68 in the current application. The terminal hour for the ‘Category B’ events is significantly in excess of the terminal hours granted under the previous licence. In short, the application would require amendments in order for it to mitigate at least some of the anticipated issues.
I will be attending the hearing with Ms Harley, who will be happy to answer any questions the Committee may have.
Kind regards,
Richard
Richard Brown
Licensing
Advice Project
Citizens Advice Westminster
Citizens Advice
Westminster is an independent charity
that helps people resolve their legal, money and other problems by providing
information and advice and by gathering evidence to influence policy-makers. We are registered with the
Information Commissioner's Office under Z6357995 and will process your
personal data in accordance with the General Data Protection Regulation and
Data Protection Act 2018. Please refer to our online Privacy Policy for more information on how your personal data will be processed and
stored. Authorised
and regulated by the Financial Conduct Authority: FRN 617795 Charity
Registration Number: 1059419; Company limited by guarantee, Registration
Number: 03039752 England; Registered Office: 21a Conduit Place, London
W2 1HS. |
P Please consider the environment before printing this email