Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James   *  None ** West End Buffer	Open Space at Trafalgar Square, London                 WC2N 5DS	New Premises Licence	21/11109/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

 

Thursday 2 December 2021

 

Membership:      Councillor Karen Scarborough (Chairman), Councillor Heather Acton and Councillor Aicha Less

 

Officer Support:  Legal Adviser:               Horatio Chance

                           Policy Officer:               Aaron Hardy

Committee Officer:       Sarah Craddock

                           Presenting Officer:       Kevin Jackaman

                             

Application for a NEW Premises Licence – Open Space at Trafalgar Square, London WC2N 5DS – 21/11109/LIPN

 

                                                      FULL DECISION

 

Premises

 

Open Space at

Trafalgar Square

London

WC2N 5DS

 

Applicant

 

Greater London Authority

Represented by Simon Taylor (Solicitor), Kim Hobbs (Greater London Authority)

and Mark Smith, (Heart Productions)

 

Cumulative Impact Area?

 

None

 

Ward

 

St James’s

 

Special Consideration Zone

 

West End Buffer

 

Summary of Application

 

The Sub-Committee has determined  an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises to be licensed includes the entirety of Trafalgar Square including the North Terrace, and also includes the roads immediately surrounding Trafalgar Square, including sections of Pall Mall East, Morley’s Hill, Cockspur Street, The Strand and the roundabout surrounding King Charles’ Island to the south of the square.  The licence is to be time limited for the period 30 December 2021 to 02 January 2022.

 

Licensable Activities and Hours applied for

 

Sale by Retail of Alcohol (On the Premises)

 

Friday 31 December 2021 to the following morning on 1 January 2022

12:00 to 00:30 hours.

 

Late Night Refreshment

 

Friday 31 December 2021 to the following morning on 1 January 2022

23:00 to 01:00 hours.

 

Regulated entertainment

 

To allow the provision of the following Regulated Entertainments ‘outdoors’ between 12:00 to 01:00 hours on Friday 31 December 2021 to the following morning on 1 January 2022.

 

·       Exhibition of Films and Plays

·       Live Music and Recorded Music

·       Performance of Dance

·       Anything similar to Live Music, Recorded Music and Performance of Dance

 

Opening Hours of the Premises:

 

Friday 31 December 2021 to the following morning on 1 January 2022

23:00 to 01:00 hours

 

Representations Received

 

·       Metropolitan Police Service (PC Bryon Lewis)

·       Environmental Health Service (Anil Drayan)

·       Licensing Authority (Daisy Gadd)

·       Residents from Craig’s Court (Nerma Cridge)

Represented by Richard Brown, Licensing Lawyer, Westminster Citizen’s Advice Bureau

 

Summary of Objections

 

·       There was insufficient detail within the operating schedule to promote the Licensing Objectives and the Premises is located within a Special Consideration Zone as per Westminster’s Licensing Policy.

·       Environmental Health Service expressed concern that the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

·       The impact of this single event will be devasting for Craig’s Court with people using the court including our front door as a toilet.  Residents are blocked from entering/existing their homes as they are surrounded by aggressive people under the influence of alcohol.  Residents request that the Police secure Craig’s Court so they can access their homes without fear of attack or intimidation and ensure that the area is cleaned up after the event.

 

Policy Position

 

Under Policy HRS1, applications for hours within the Core Hours would generally be granted.  Applications for hours outside Core Hours would be considered on their merits, subject to other relevant policies.

 

Under Policy CCSOS1 (A), applications outside the West End Cumulative Impact Zone will generally be granted subject to the matters meeting the requirements of policies CD1, PS1, PN1 and CH1.

 

                    

SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by the Greater London Authority for a New Premises Licence in respect of Open Space at Trafalgar Square, London

WC2N 5DS.  The Presenting Officer provided a summary of the Application and highlighted that the Premises Licence was time limited for the period 30 December 2021 to 02 January 2022.  The Sub-Committee noted that there had been a representation from a local resident and that the Premises was in a Special Consideration Zone.  The Presenting Officer advised that there had been additional submissions from the Applicant which had been circulated to all parties.

 

Mr Simon Taylor, representing the Applicant, addressed the Sub Committee and outlined the application which was for a one-off live variety performance event to promote the Mayor’s ‘Let’s do London Campaign’ and to celebrate New Year’s Eve.  He advised that Heart Production had been employed to organise the event along with other specialist services to carry out tasks such as security, risk assessments and medical services.  He explained that consultation with residents, businesses and the Responsible Authorities had taken place and would continue right up to and during the event. 

 

Mr Taylor outlined the following changes to the original operating schedule:

 

·       Capacity had been reduced to 6,750 from 9,999.  There would also be 100 VIPs and 40 Press attending the event.

·       The site would open at 19:30 and close at 01:00 on New Years’ Day.

·       Background and Incidental Music would play between 19:30 to 21:00 hours

·       Provision of Alcohol and Food and Beverage Sales begins at 19:30 hours.

·       Performance of Regulated Entertainment on Stage: 21:00 to 00:20 hours.

·       Last orders of Alcohol, Food and Beverage would be at 23:30 hours with a limit of four drinks per person and would cease completely at 23:45 hours

·       Condition 42 needed updating with the new time of 23:45.

·       Children under 18 years of age would not be permitted unless accompanied by a responsible adult.

·       Covid rules would be consistently updated to reflect Government guidelines.

 

Mr Taylor advised that the site would be enclosed by fencing with ticket only admission.  He further advised that the site would contain a single stage with two large screens and would be designed so that people could not view either the stage or the two screens from outside of the site.  This would discourage people from gathering to watch the performances and see the New Year in at Trafalgar Square.  He confirmed there would be no provision for queueing for ‘no show tickets’ and again emphasised that entry would be by ticket only.

 

Mr Taylor explained how the Applicant had demonstrated that he would promote the licensing objectives through the events management plan (circulated to all parties) and referred to proposed condition 14 that outlined the list of plans that the Greater London Authority needed to provide to the Licensing Service for approval by the Responsible Authorities.  He confirmed that the proposed conditions (all 104 of them) from the Environmental Health Service and the Metropolitan Police Service had been agreed by the Applicant and provided a very robust framework for the event.  He advised that conditions 62 and 85 were duplications and suggested keeping condition 85 as it was surrounded by the other noise conditions.  He further advised that condition 42 needed to be amended to read ‘ Substantial food and non-intoxicating beverages shall be available until 23:45. Drinking water shall be available at all times.’

 

Mr Taylor advised that a new Noise Management Plan would be produced with reference to the proposed conditions attached to the Premises Licence and that approval of the Plan was provided for in  proposed condition 84.  He further advised there were conditions covering security at the event and again all were subject to final approval by the Police.  He outlined that there would be substantial security at the event which had been provisionally agreed with the Police at a meeting held in November.  He explained that there would be 168 SIA security guards, 78 stewards, (43 outside the site and 203 inside the site) and 10 response teams of 3 people (an additional 30 persons).  He advised that there would also now be two additional SIA security guards (with direct radio contact to the event) permanently located at Craig Court throughout the duration of the event to prevent anti-social behaviour as well as a patrol team that would be patrolling the area every 15 minute so as to prevent public nuisance and crime and disorder.  He added that this provision was outlined in proposed condition 23 as re-numbered.

 

Mr Taylor outlined that the dispersal policy would be updated to include all elements of the dispersal of patrons after the event and would be shared with all relevant parties by COB on 6 December.  He further outlined how a complaint would be dealt with by one of the response teams during the event.  He confirmed that alcohol could not be brought onto or taken off the site and would be served in non-glass containers (condition 29).  He advised that adequate toilet facilities would be provided, although some businesses had refused to have them located outside of their Premises.  Mr Taylor confirmed that that there would be toilet facilities (including disabled toilets) located in Spring Gardens.  He explained that the clearing up of litter waste (condition 94) would be done in conjunction with Westminster City Council and that a plan would be produced in the next few days and circulated to all parties.

 

Mr Taylor commented on the resident’s representation and advised that Environmental Health Service had flagged up to the GLA that Craig Court’s was an area that suffered from anti-social behaviour during these type of large events.  He advised that the 78 stewards located in the surrounding area and the two permanent SIAs at Craig Court should significantly reduce the anti-social behaviour both in Craig Court and in the West End on New Years’ Eve.

 

In response to questions from the Sub-Committee, Ms Kim Hobbs, representing the Greater London Authority, advised that people could only access the event if they obtained a ticket through the open ballot process.  She confirmed there would be clear public messaging stating that people could not queue for ticket returns, purchase tickets at the event and that there would be no ability to view the event outside of the site.  Mr Mark Smith, representing Heart Productions, outlined the significant number of stewards that would be located around the site, particularly around St Martin’s Lane and Africa House, to prevent crowds forming.  He further outlined the challenges of informing people of potential road closures and which road closures related to which event being held over the New Year period.  He advised that he had not yet received confirmation of which tube stations would be closed on New Year’s Eve, however, updates on travel/leaving the West End would be given out during the event via the large screens and via a downloaded APP that people would be asked to download onto their phones before attending the event. 

 

Mr Smith advised that people could apply for a maximum of four tickets and that the GLA was able to profile the applications to ensure that the right mix of people would be offered tickets.  He added that tickets were free.  Mr Smith outlined that there would be a 25% oversubscription of tickets to ensure that the event was full and advised that the terms and conditions (T&C) would highlight to the attendees the need to arrive early to ensure entry to the event.  He confirmed that Heart Production was working with an experienced ticketing agency that analysed data on when people turned up to such events.  Ms Hobbs advised that less than 20% of tickets would be allocated specifically for international visitors.  Ms Hobb confirmed that the VIPs would include community stakeholders and the acts would include ‘everything that is good about London’.  Mr Smith advised that there would be no publicity around any high-profile acts performing at the event which would encourage crowds of people to visit Trafalgar Square to listen to them on New Year’s Eve.  He again emphasised that no one outside the site would be able to see the stage or screens located inside of the site and that the COMMs would strongly reinforce this as well as the event being broadcast on the television.

 

Mr Smith advised that the main entrance and exit point to the site was on Pall Mall East.  He explained the entry requirements that each attendee needed to satisfy before entry into the event which included ticket, covid passport and covid test checks as well as security bag checks and walking through metal protection archers.  He highlighted that no bags larger than A4 would be allowed to be taken into the event and lockers would be provided for customers to store any such items.  He further advised that there would be plain clothes armed guards in the area.  He confirmed that that there would not be a lateral flow testing site provided at the event however there would be a list available where people could go to obtain a test.  He advised that the emergency exit would be on the south side of the square.  He touched on the challenges of protecting the Christmas tree in Trafalgar Square and how the Christmas fair had been integrated into the event.

 

Mr Smith explained that it would be reinforced that the event would be broadcast live on TV and that it would be easier and warmer for people to remain at home to view the event rather than stand in the cold listening to it at Trafalgar Square.  He outlined that the response teams would ensure that the side streets in and around Trafalgar Square were kept free of anti-social behaviour and local businesses would be given contact details of the events management team.

 

Mr Anil Drayan, representing the Environmental Health Service (EHS), advised that the conditions included everyone that needed to approve the final plans or management plans for the event.  He advised that Environmental Health’s main concern was the potential for congestion around 23:00 hours.  He advised that it was very important that the pre-event COMMs was clear that the event was ‘ticket only’ and suggested that adequate signage be placed in the surrounding areas advising of this on the night.  This would deter people going to Trafalgar Square unnecessarily in the hope of accessing the event.  Ms Hobb advised that the GLA was also pushing other New Year Eve events and the live broadcast of the event.  The Sub-Committee suggested asking TFL to place the message in their tube stations.  Mr Smith advised that biofuel would be used at the event and the carbon footprint would be kept to a minimum. 

 

Ms Daisy Gadd, representing the Licensing Authority, advised that Trafalgar Square formed part of the special consideration zone and that the rates of incidents per square kilometres was nearly four times the borough average in this zone.  She further advised that the following key local issues needed to be considered by the Applicant: Robberies, Theft, antisocial behaviour on and around public transport and incidents relating to ambulance call outs at night.  Ms Gadd advised it was therefore for the Sub-Committee to be satisfied that the Applicant could promote the Licensing Objectives whilst holding the event. 

 

Ms Gadd requested information from the Applicant regarding the dispersal of patrons after the event away from the cumulative impact area of Leicester Square.  Mr Smith advised that the dispersal policy was not yet finalised however the final plan would be circulated for further discussion on Monday 6 December.  Ms Gadd advised that the Applicant should aim to send customers towards Charring Cross Station and away from the West End Area.  Mr Smith advised that patrons would be advised to go to Victoria Station which would push people away from the cumulative impact area. 

 

In response to questions from the Licensing Authority, Mr Smith advised that people who had pre-loaded with alcohol would not be given access to the event.  He advised that there would be a rapid medical response team on site and there would also be welfare officers in attendance to help vulnerable people.

 

PC Bryon Lewis, representing the Metropolitan Police Service, advised that all conditions had been agreed with the Applicant. He suggested that the Applicant provide their staff with training on how to deal with very drunk people.  Mr Smith emphasised that there would be four welfare officers in attendance to aid staff.  PC Lewis requested further information on the possible queue length of entering the event.  Ms Smith advised that again they were working on this with all the specialist agencies and would report back to the Police on 6 December.

 

In response to questions from PC Lewis, Mr Smith advised that this was a family fun event so he was hoping that there would not be much pre-loading of alcohol.  He confirmed that the security archers did not pick up knives whereas the wand security method did pick up such weapons.  He confirmed that it was a non-smoking event and there was no re-entry once you left the event.

 

Mr Richard Brown, representing Ms Nerma Cridge, referred to page 90 of the report which indicated the location of Craig Court in relation to Trafalgar Square.  He advised of the anti-social behaviour which occurred in the courtyard especially the constant urination from drunk people leaving the three local pubs and the three homeless people permanently living there.  He emphasised that there were permanent puddles of urination in the street which made the street smell.  He requested that the two SIA security guards remain at Craig Court after the end of the event.  He advised that the two most important factors for Ms Cridge were the security and cleansing of Craig Court. He advised that cleansing was a problem 365 days a year however for this one evening the GLA should be responsible for thoroughly cleaning the cu-de sac.  Mr Smith confirmed that Craig Court had been added on to the cleansing plan and that Craig Court was specifically mentioned in proposed condition 23.  He advised that conditions 23 would be amended to include the present of the two security guards between 19:30 and 01:00 at Craig Court.

 

Ms Nerma Cridge, local resident, advised that she had never seen any consultation letters about this event.  She advised that during the Euro football event residents had been trapped in their homes as Craig Court was full of drunken and aggressive football fans drinking beer from the three local pubs or from the local Tesco and urinating in the street.  She advised that the pavement was very narrow and un-even so puddles of urine built up and made the whole courtyard smell.  She confirmed that the only entrance/exit from the flats was via Craig Court.  She advised that there were 25 flats in the block which contained elderly people and families.

 

Ms Cridge advised that there were between three to five homeless people living permanently in the cu-de sac.  She explained that she had contacted her local ward councillors who had been helpful in that they had got trees and flower baskets placed in the street.  She advised that the area was very residential and that the residents deserved to celebrate New Year’s Eve without worrying about what was happening on their doorsteps from drunk and intimidating strangers.  The Sub-Committee were very sad to hear about Ms Cridge’s experience and advised her to further engage with the Council and Ward Councillors to get the area cleaned more frequently in an attempt to remedy the issues complained of .

 

In response to questions from the Sub-Committee, Mr Smith advised that the two SIA would be acting as a deterrent to prevent people entering Craig Court.  He advised that the SIAs would have radio control straight to the event so if there were any issues a response team and/or the police could be called very quickly.  Ms Cridge advised that the residents had problems with the three local pubs and the Sub-Committee advised that residents could have the pub’s licences reviewed if they were causing problems for the residents/breaking the conditions of their Premises Licences.  Mr Drayan advised that he would ask the Council’s City Inspectors to visit all three pubs to ensure that they were able to control their patrons and would also contact the rough sleepers team.

 

The Sub-Committee briefly discussed the proposed conditions that needed amending as follows:

 

·       Condition 38 (re-numbered 36) – the capacity was changed to 6750 persons.

·       Condition 42 (re-numbered 40)  – should read ‘Substantial food and non-intoxicating beverages shall be available until 23:45.  Drinking water shall be available at all times.’

·       Condition 62 should be deleted and condition 85 (re-numbered 82) kept.

·       Condition 23 (re-numbered 21)  – to be amended and an additional condition to be added to the Premises Licence regarding the two static security guards at the entrance of Craig Court from 19:30 to 01:30

·       Condition 88 (re-numbered 85) should read ‘Rehearsals shall be limited from 12:00 hours to 19:00 hours.

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee had regard to the fact that the Applicant had reduced the capacity from 9999 to 6750 and that they had agreed to all the conditions proposed by the Metropolitan Police Service and the Environmental Health Service.  The Sub-Committee noted that this was a time limited Premises Licence for New Years’ Eve, and the event was being organised and managed by a competent company who were used to putting on such events.

 

The Sub-Committee noted the Applicant had worked very closely with the Responsible Authorities and members of the LOSPG group when it came to the agreement of conditions. A number of policies had been produced by the Applicant to include an event management plan, noise management plan, alcohol management plan, Challenge 25 and Covid-19 plan to take account of the new guidance and legislation as at 30 November. The Applicant agreed also to prepare a dispersal policy, and this was to be covered by condition. All of these policies would have the overall effect of promoting the licensing objectives  

 

The Sub-Committee further considered that the conditions attached to the Premises Licence should alleviate any public nuisance in the special consideration zone and would in addition alleviate the issues previously suffered by residents at Craig Court when large events had taken place in Trafalgar Square. The Sub-Committee purposely imposed specific conditions on the Premises Licence to ensure that potential nuisance and crime and disorder did not take place in nearby Craig Court by mitigating the concerns raised.

 

In reaching its decision, the Sub-Committee concluded that the conditions imposed on the Premises licence were appropriate and would promote the licensing objectives.

 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.        To grant permission for the On Sale of Alcohol Friday 31 December 2021 to the following morning on 1 January 2022: 12:00 to 00:30 hours.

 

2.        To grant permission for Late Night Refreshment  Friday 31 December 2021 to the following morning on 1 January 2022: 23:00 to 01:00 hours.

 

3.        To grant permission for Regulated Entertainment to allow the provision of the following Regulated Entertainments ‘outdoors’ between 12:00 to 01:00 hours on Friday 31 December 2021 to the following morning on 1 January 2022.

 

·       Exhibition of Films and Plays

·       Live Music and Recorded Music

·       Performance of Dance

·       Anything similar to Live Music, Recorded Music and Performance of Dance

 

4.        To grant permission for opening hours of the Premises Friday 31 December 2021 to the following morning on 1 January 2022: 23:00 to 01:00 hours.

 

5.        That the Premises Licence shall be time limited for the period 30 December 2021 to 02 January 2022. and the licensable activities so authorised shall be restricted to this period after which time this Licence shall cease and have no effect. 

 

6.        That the Licence is subject to any relevant mandatory conditions.

 

7.        That the Licence is subject to the following additional conditions and Informative imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives

 

Conditions imposed by the Committee after a hearing

 

8.        The Licensing, Operational and Safety Planning Group (LOSPG) shall be set up at least 6 weeks prior to the event and chaired by a representative of the City Council's City Promotions, Events and Filming Team (CPEFT). Meetings of the LOSPG shall be held as often and be composed of as determined by the LOSPG

 

9.        Membership of the Licensing, Operational and Safety Planning Group (LOSPG) shall consist of invited representatives of the designated event organiser and Mayor of London, the Metropolitan Police Service, Officers of Westminster Council from CPEFT, Prepare Team and the Environmental Health Consultation Team (EHCT), London Ambulance Service, London Fire Brigade, Transport for London and any other appropriate and specialist advisor as required by the chairman of the LOSPG.

 

10.      The operational use of this licence shall be agreed through the LOSPG process which shall achieve a 'no objection' and to meet the licensing objectives of the Licensing Act.

 

11.      The Premises Licence Holder shall present the draft Event Management Plan (EMP) to members of LOSPG at least 6 weeks before the event. The EMP shall include as a minimum: -

- Covid-19 Statement;

- Access Management Plan;

- Adverse Weather Plan;

- Alcohol Management Plan;

- Cancellation Procedure;

- CCTV Plan

- Communications Plan;

- Child & Vulnerable Adults Policy;

- Crowd Management Plan (including Security and Stewarding Plan);

- Egress Management Plan (included in EMP);

- Emergency Evacuation procedures (included in EMP);

- Event Control Statement of Intent;

- Event Medical Plan;

- Event Safety Plan including Risk Assessment;

- Fire Safety Management Plan;

- Ingress Management Plan;

- Lighting Plan;

- Noise Management Plan;

- Public Liability Insurance;

- Security and Crime Reduction Plan;

- Site Plans;

- Sustainability Statement;

- Terms and Conditions of Entry;

- Food Trader Management Plan;

- Transport Assessment;

- Waste Management Plan.

 

12.      Unless otherwise agreed, no later than 14 days prior to the event day the Premises Licence holder must ensure the final Event Management Plan is presented to the members of the LOSPG for their comments.

 

13.      The Premises Licence Holder shall comply with all reasonable requirements of Westminster City Council, Westminster Police Licensing Team, Westminster City Council’s Environmental Health Consultation Team, Westminster City Council’s City Promotions, Events and Filming Team, the London Fire Brigade and the Metropolitan Police Service.

 

14.           The Premises Licence Holder shall carry out a crowd flow analysis to make an assessment of the likely impact of the event at the premises and the surrounding area of the access and egress to the event by customers and presented in the EMP in order to provide suitable and sufficient crowd management plan.

 

15.           The Premises Licence Holder shall produce a security stewarding plan which will detail the qualification, training and deployment of SIA security and stewards. The positioning of staff will be based on a risk assessment process.

 

16.           All security staff employed at the premises will be accredited by and registered with the Security Industry Authority.

 

17.           The security and stewarding plan will specify numbers of staff, their roles and emergency procedures.

 

18.           All security staff will be identifiable in uniform and will display their name badges by way of a reflective armband or lanyard.

 

19.           A register will be kept of all security staff working at the premises. This register will contain the following information: -

• day and time of entry;

• time that the member of security staff starts and finishes work;

• full name;

• SIA registration number.

 

20.          External security teams will patrol the event perimeter and security response teams will operate in the immediate area around the site.

 

21.          Two security guards shall be placed at the entrance of the nearby cul-de-sac Craig Court from 19:30 to 01:30 hours and in addition there will be regular patrols at least every 15 minutes from midnight to 01:30 hours.

 

22.          Event security will constantly monitor customers behaviour and will take appropriate action to assist with the prevent of crime and disorder within the site.

 

23.          The Premises Licence Holder will work with the Metropolitan Police Service to develop and implement an appropriate policing plan for the events in conjunction with the EMP.

 

24.          Any bars shall close immediately on the direction of the senior police officer engaged on the event.

 

25.          The Premises Licence Holder shall ensure that alcohol is not allowed to be brought onto the Premises by members of the public.

 

26.          The Premises Licence Holder shall ensure that no alcohol is allowed to be taken off the Premises by members of the public.

 

27.          A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram. If the person seeking alcohol is unable to produce an acceptable form of identification no sale or supply or alcohol shall be made to or for that person.

 

28.          A personal licence holder shall be on duty at each bar at all times it is open.

 

29.          No drinks shall be served in glass containers at any time.

 

30.          All staff involved in the sale or supply of alcohol shall be trained in the responsible sale of alcohol. The Designated Premises Supervisor and the Personal Licence Holders on duty at each bar shall in addition have ACT-E and WAVE training. The training log will be made available for inspection by the Police and licensing authority.

 

31.          Posters will be displayed on site in the bar area and point of sale, which refer to the challenge 25 policy and to advise that suitable proof of age will be required for the purposes of the supply of alcohol.

 

32.          The organisers will employ sufficient staff to manage queuing in the bar areas.

 

33.          The Premises Licence Holder shall install a comprehensive CCTV system on site in accordance with the CCTV Plan agreed with LOSPG which will be provided within the Event Management Plan. All entrances to the premises will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the minimum of delay when requested. All recordings shall be stored for a minimum period of 31 days with date and time stamping, and recordings should be made available upon the request of Police or authorised officer as soon as reasonable practicable throughout the entire 31 day period.

 

34.          A zero tolerance to illegal drugs shall be operated. The Premises Licence Holder shall put in place a written policy to prevent the use or possession of illegal substances and prohibited items at the events which will be written in cooperation with the Metropolitan Police Service. Clear signage at the entrance to the site will list all prohibited items.

 

35.          A written search policy will be in place and security staff will be briefed on the provisions of such policy to be aware of their responsibilities and actions required by that policy. Such policy will include the procedure for searching prior to entry of customers to the site which will include randomised body searches by hand or using hand held metal detectors on the entry points to the events. Any customer refusing to permit to the search procedure will be refused entry to the site. Any queues formed at the entry to the site shall be supervised by security staff to prevent disorder and anti-social behaviour.

 

36.          The number of persons (excluding staff, performers and media) accommodated shall not exceed 6750.

37.          Access to the site will be by ticket only and an auditable system shall be used to record the number of customers within thesite.

 

38.          The DPS shall be on site during operationalhours.

39.          All staff engaged outside the entrance to the site, or supervising or controlling queues, shall wear high visibility jackets orvests.

 

40.          Substantial food and non-intoxicating beverages shall be available until 23:45. Drinking water shall be available at all times.

 

41.          Any special effects or mechanical installations shall be arranged, operated and stored so as to minimise any risk to the safety of those using the site. The following special effects will only be used if authorised through the LOSPG process.

• dry ice and cryogenic fog

• smoke machines and fog generators

• pyrotechnics including fireworks

• firearms

• lasers

• explosives and highly flammable substances.

• real flame.

• strobe lighting.

 

42.           The approved arrangements at the Premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

43.           The means of escape provided for the Premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

44.           All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

45.           Emergency exits and entrances to the event area must be kept clear at all times and must be provided with clearly visible signage.

 

46.           All parts of the site intended to be used in the absence of adequate daylight and all essential safety signage shall be suitably illuminable. Details of the locations and level of illumination must be contained in the EMP.

 

47.           All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes, entertainment areas, shall be non-combustible.

 

48.           All fabric, including curtains and drapes used on stage for tents and marquees, or plastic and weather sheeting, shall be inherently or durably flame retardant to the relevant British Standards. Certificates of compliance must be available upon request by an authorised officer of Westminster City Council, The London Fire Brigade.

 

49.           Any moving flown equipment must contain a device or method whereby failure in the lifting system would not allow the load to fall. All hung scenery and equipment must be provided with a minimum of two securely fixed independent suspensions such that in the event of failure of one suspension the load shall be safely sustained.

 

50.           The certificates listed below shall be submitted to the licensing authority upon written request:

• Any permanent or temporary emergency lighting battery or system

• Any permanent or temporary electrical installation

• Any permanent or temporary emergency warning system

 

51.           Electrical generators, where used, must be:

• Suitably located clear of buildings, marquees and structures, and free from flammable materials;

• Enclosed to prevent unauthorised access;

• Able to provide power for the duration of the event;

• Backed up electrical generators are to be provided to power essential communications, lighting and safety systems in the event of primary generator failure.

 

52.          An agreed level of emergency first aid will be on site throughout the event. The levels will be determined by a medical risk assessment and will form part of the Event Management Plan.

 

53.           The Children and Vulnerable Adults Policy will include details of the welfare provision for the support of children and vulnerable adults. All welfare staff will be appropriately trained and certified.

 

54.           The Premises Licence Holder will provide a minimum of 1 welfare officer (DBS Checked) per 2,000 customers. Welfare officers will readily be identifiable to attendees and who’s primary duties will be contained within the EMP Children and Vulnerable Adults policy.

 

55.           The Premises Licence Holder shall carry out the sanitary provision analysis using the event safety guide as the basis for determining the sanitation facilities required. The minimum number of facilities will be included in the Event Management Plan together with details of the maintenance and servicing of sanitary accommodation.

 

56.           Details of all marquees, tented structures and temporary structures should be provided including emergency exits and signage, fire warning and fire-fighting equipment.

 

57.           Full structural design details and calculations of all and any structures to be erected within the licensed area must be submitted to the Westminster City Council Building Control. A certificate from a competent person or engineer that a completed structure has been erected in accordance with the structural drawings and design specification must be available for inspection prior to a relevant structure being used during the licensed event.

 

58.           The Premises Licence Holder must ensure that competent persons are employed to assess the electrical requirements at the event and the compatibility of the electricity supply with the equipment to be used. Appropriate safety devices (such as 30mA Residual Current Devices at Source) must be used for electrical apparatus, particularly for any electrical equipment exposed to adverse conditions or electrical equipment to be used in association with hand held devices (e.g. microphones). The competent person must make a certificate of inspection of the electrical installation available for inspection.

 

59.           All spare fuel, including LPG, must be kept and stored safely in accordance with relevant Health and Safety legislation and suitable safety signage and fire fighting equipment provided.

 

60.           No licensable activities shall take place at the site until the licensing authority are satisfied that the site is constructed or altered in accordance with the appropriate provisions of the District Surveyor's Association - Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority.

 

61.           Before the site opens to the public under the licence, the final plans deposited to the LOSPG will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the work carried out. Where minor layout changes have occurred during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority

 

62.           So far as is reasonably practicable the Premises Licence Holder shall ensure that the event is run in accordance with the Event ManagementPlan.

 

63.          The licensable activityauthorised bythis licenceand providedat thepremises shall be runin compliancewith theEvent ManagementPlan agreedby the LOSPG.

 

64.           If required by LOSPG, the Premises Licence Holder shall arrange an event debrief after the event day at a time agreed withLOSPG

 

65.           The Premises Licence Holder shall hold meetings with Westminster City Council and the Metropolitan Police Service to plan measures for the prevention of crime anddisorder

 

66.          A suitable and sufficient crowd management plan will be provided within the Event ManagementPlan.

 

67.           Security will screen customers on the entry points to the events and exercise the right to refuse entry to any unauthorised or disorderlypersons

 

68.          On the event day licensable activities in the event space shall only be provided   to persons who are ticket holders for that event. There shall be no re-entry to the site.

 

69.           The premises licence holder shall ensure no screens shall be viewable from outside of the event space

 

70.          A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection on site by the police or an authorised officer of the City Council at all times whilst the premises is open.

71.          An incident logshall bekept onsite, andmade availableon requestto anauthorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record thefollowing:

a.              all crimes reported to thevenue

b.              all ejections ofpatrons

c.               any complaints received concerning crime anddisorder

d.              any incidents ofdisorder

e.              all seizures of drugs , offensive weapons and prohibiteditems

f.                any refusal of the sale ofalcohol

g.              any formal visit by a relevant authority or emergencyservice

 

72.          No person shall give on the site any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased. NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act1952.

 

73.          The contingency arrangement for emergency evacuation is detailed in the Event Management Plan and will be implemented should this benecessary

 

74.          The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

75.          Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergencyequipment.

 

76.          The Premises Licence Holder shall provide an adverse weather plan which will be included in the Event ManagementPlan.

77.           The Event Management Plan shall contain a Covid-19 statement that will be regularly updated to contain the latest Government guidance andadvice.

78.           Notices shall be prominently displayed at all exits requesting patrons to respectthe needs of local residents and businesses and leave the areaquietly.

79.          No waste or recyclable materials, including bottles, shall be moved, removed from the site between 23.00 hours and 07.00 hours on the followingday.

80.          No deliveries to the site shall take place between 23.00 and 07.00 on the following day.

 

81.          A minimum of 28 days prior to the event a Noise Management Plan to promote the prevention of public nuisance shall be provided to Westminster City Council's Environmental Health Consultation Team for approval. The Noise Management Plan shall state the maximum permitted music noise level applicable at the nearest noise sensitive premises. Once approved in writing it shall be implemented by the Premises LicenceHolder.

 

82.          For licensable eventswhen thestage isfacing norththe MusicNoise Levelshall not exceed 79dB LAeq (5 minutes) one metre from the nearest affectedfaçade.

 

83.          The Licensee will take all reasonable steps to ensure that amplified music will not cause anuisance.

84.          Residentialproperties andthe relevantamenity group(s)in theimmediate vicinityof the Square will be contacted as soon as reasonably practicable (and in any event nolater than28 days)prior tothe firstEvent advisingthem ofthe timesof theEvents and any sound check or rehearsal times and giving them a telephone number to contact in the event that they have anycomplaints.

 

85.          Rehearsals shall be limited from 12:00 hours to 19:00 hours.

86.          There shall be no publicity ofrehearsals.

87.          There shall be no noise audible at the nearest noise sensitive premises from any construction or similar works in association with the set up and dismantling of the site, outside the hoursof:

08:00 - 18:00 Monday -Saturday
08:00 - 13:00 Sunday

88.           Any generators, refrigerators or other machinery running overnight will besilenced, screened or sited so as not to be audible outside the boundary of thesite.

89.           Flashing or particularlybright lightson oroutside thesite shallnot causea nuisance tonearby properties(save insofaras theyare necessaryfor theprevention ofcrime).

 

90.           No fumes, steamor odoursshall beemitted fromthe siteso asto causea nuisance to any persons living or carrying on business in the area where the premises are situated.

 

91.           The Premises LicenceHolder shallprovide aLitter andWaste ManagementPlan in conjunction with Westminster City Council. This Plan will include the site and an areain theimmediate externalperimeter ofthe siteas agreedwith WestminsterCity Council.

 

92.           A sufficient number of easily identifiable, readily accessible receptacles for refuse must be provided, including provisions for concessions. Arrangements must be made for regular collection. Public areas must be kept clear of refuse and other combustible waste prior to, and so far as is reasonably practicable, during the licensedevents.

 

93.           The Premises Licence Holder shall put in place plans agreed with the Metropolitan Police Service and LOSPG as are necessary to control and ingress and egress of customers attending the events and to ensure the effective dispersal of attendees after the events. This plan will be developed to prevent and respond to anti-social behaviour caused by customers to theevents.

 

94.           The Premises Licence Holder shall produce and agree a transport assessment in conjunction with LOSPG. Promotional literature and web pages will give prominence to information regarding the use of publictransport.

 

95.           The Premises Licence Holder will produce and implement a child or vulnerable persons policy which will include provision for children or vulnerable persons found or reportedmissing.

96.           The Premises Licence Holder will appoint one person as responsible for safeguarding on site to coordinate safeguardingmeasures.

97.           A welfare area will be provided to coordinate all welfare safeguarding and informationactivities.

98.           Children’s toilets and changing facilities will be available within thesite.

99.           The challenge 25 policy will be rigorouslyenforced.

100.       Age restricted films will not be shown in the presence ofchildren.

 

101.       Children under the age of 18 will not be admitted unless accompanied by a responsibleadult.

 

102.       That the Premises Licence Holder will produce a dispersal plan in consultation with the Responsible Authorities and a copy shall be made available upon request

 

Informatives

 

103.   During the period of the event the Applicant is to discourage the use of taxis and petty cabs.

 

104.   During the period of the event the Applicant is strongly encouraged to use biofuels where possible.

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee

2 December 2021