Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Knightsbridge and Belgravia None* None**	Hyde Park, Serpentine Road, W2 2UH	New Premises Licence	21/11135/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 27 January 2022

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Officer Support: Legal Adviser:         Viviene Walker

                          Policy Officer:         Kerry Simpkin

                          Committee Officer: Sarah Craddock

                          Presenting Officer: Roxsana Haq

 

Present:        Sarah Le Fevre, Counsel and Jack Spiegler (Thomas and Thomas) (Representing the Royal Parks, The Applicant), Alun Mainwaring (Events, Royal Parks), Holly Baird (Events, Royal Parks), Steve    Edwards (DPS, Royal Parks) and Jim King (CEO, Royal Parks).

 

                        Mr Anil Drayan – Environmental Health Services

                        PC Reaz Guerra – Metropolitan Police Service

                        Mr Richard Brown, Solicitor, Westminster Citizens Advice   Bureau, representing two local residents.

                        Mr Mike Dunn, local resident

 

Application for a New Premises Licence – Hyde Park Serpentine Road,

W2 2UH – 21/11135/LIPN

          

FULL DECISION

Premises

Hyde Park

Serpentine Road

London W2 2UH 

 

Applicant

 

The Royal Parks Limited

 

Ward

 

Knightsbridge and Belgravia

 

Cumulative Impact Zone

 

None 

Special Consideration Zone

 

None

 

Licensable Activities and Hours applied for

 

Plays, Live Music, Recorded Music, Performance of Dance and anything of a similar description (Indoors and Outdoors)

 

Monday to Sunday 10:00 to 22:30

 

Seasonal Variations/Non-standard timings: None

 

Films (Indoors and Outdoors)

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 10:00 to 22:30

 

Seasonal Variations/Non-standard timings: Sundays before Bank Holiday

Mondays 10:00 to 00:00

 

Sale by Retail of Alcohol (On Sales)

 

Monday to Sunday 12:00 to 22:30

 

Seasonal Variations/Non-standard timings: None

 

Opening Hours of the Premises

 

Monday to Sunday 05:00 to 00:00

 

Seasonal Variations/Non-standard timings: None

 

Representations Received

 

·       Metropolitan Police Service (PC Reaz Guerra)

·       Environmental Health Service (Anil Drayan)

·       Six local residents (opposing)

·       Friends of Hyde Park & Kensington Gardens (Supporter)

·       Hyde Park Estate Association (Supporter)

 

 

Issues raised by Objectors

 

Representations were received from Environmental Health Service (EHS), Metropolitan Police Service (MPS), six local residents.  The thrust of those objection cited public safety, public nuisance and crime and disorder.

 

EHS stated:

 

·       The provision and hours proposed for the Supply of Alcohol may result in an increase in Public Nuisance in the area and may impact on Public Safety.

·       The provision and hours proposed for the Regulated Entertainments may result in an increase in Public Nuisance in the area and may impact on Public Safety.

 

MPS stated:

 

It is our belief that if granted the application would undermine the Licensing Objectives.  There is insufficient detail within the operating schedule to promote the Licensing Objectives.

 

Local Residents stated:

 

·       For us living with young kids not far from the Serpentine south gallery pavilion, the music is often so loud that it disturbs their sleep.  So, time limit and DB limit welcome please.

·       It is simply not possible to hold music events for tens of thousands of attendees without creating some nuisance.  This nuisance will result from the noise of the performances, the egress of attendees en masse, the disruption caused by road closures and the Police helicopter monitoring the egress.

·       We already suffer a lot from the noise nuisance of the concerts, the anti-social nuisance of large numbers egressing after the concerts, disruption to local traffic flow with the closure of Park Lane and the Police helicopter monitoring the situation at the end of concerts.

·       There should be a maximum number of days mentioned so that local residents are aware of how much noise and other possible nuisance to expect.  It should not be left open-ended.

 

Issues raised by the Supporters

The application has been supported by the Friends of Hyde Park and Kensington Gardens and Hyde Park Estate Association.  The Supporters stated:

 

We support the application for the following reasons:

·       The advantage of having less concert site to rig and derig, and one less mass movement of vehicles through the park to perform this operation for a September festival is most welcome.

·       We understand that this year, as in every year, adjustments are being made to sound systems and stage angles.  New technology has helped this to improve constantly.

 

Summary of the Application

 

The Committee has determined an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises are currently licensed under reference 19/15397/LIPDPS which permits the sale of alcohol and regulated entertainment.  The application proposes a new Premises Licence to replace the current Premises Licence, which will be surrendered as a condition of the new licence being granted.  The proposed new Licence will be on the same terms as the existing Premises Licence.  However, the applicant is seeking to amend condition 28 relating to event scheduling.  The Premises are within the Knightsbridge and Belgravia Ward but not located in any area of Cumulative Impact.  There is a resident count of 725.

 

Policy Considerations

 

HRS1

 

·       Applications within the core hours will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

·       Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies and with particular regard to the matters set out in Policy HRS1.

 

CCSOS1(A)

 

·       Applications outside the West End Cumulative Zones will generally be granted subject to:

1.     The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2.     The hours for licensable activities are within the Council’s Core Hours Policy HRS1.

 

SUBMISSIONS AND REASONS

 

Ms Haq, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee.  She explained that the application was for a new Premises Licence which was on the same terms as the existing Premises Licence with the exception that the Applicant was seeking to amend condition 28 relating to event scheduling.  She advised that representations had been received from the Environmental Health Service, the Metropolitan Police Service and six local residents which were opposed to the application and from the Friends of Hyde Park and Kensington Gardens and Hyde Park Estate Association who were in support of the application.  She confirmed that the Premises were situated in the Knightsbridge and Belgravia Ward but did not fall within a cumulative impact or special consideration zone. 

 

Ms Sarah Le Fevre, Counsel, for the Applicant, outlined the application before the Sub-Committee.  She advised that the musical events held in Hyde Park were of national significance and provided an essential stream of income for the Royal Parks, which allowed them to maintain the parks to a high standard against the backdrop of declining Government funding.  She explained that the application for a new Premises Licence would, if granted, differ from the existing Premises Licence in relation to a single condition: the existing Condition 28 which related to the scheduling of events, and that the new Premise Licence would permit the hosting of all 9 Major Events where attendance of more than 20,000 persons was permitted within a period of 21 days.  She confirmed that only seven such events were permitted to take place currently within that 21-day window and that no other variation of the existing permissions or restrictions or requirements was sought.

 

Ms Le Fevre explained that this application was sought because of the decision of the BBC to move the Proms away from Hyde Park which had historically accounted for two of the larger Major Events in the Park’s calendar.  Accordingly, the Royal Parks had considered its own corporate objectives, Westminster Council’s published vision for the Borough and the Council’s licensing objectives and had decided to offer these two event slots to its other major event operator, subject to the decision of the Licensing Sub-Committee, to promote key shared economic, environmental, community and cultural objectives.

 

Ms Le Fevre confirmed that the Applicant was not requesting an increase in the number of events held within the calendar year and that AEG would operate all nine events within a period of 21 days, rather than operate an additional two events at a different time of the year. She outlined the benefits of this new rescheduling:

 

·       Economic – the use of an established operator with expertise in running Major Events whilst promoting the licensing objectives and the continuation of essential funding for the parks as well as the wider Westminster economy.

·       Environmental - a single build and break period and halving traffic movements and reducing fuel emissions.

·       Cultural and Community – a doubling of the period of free entry to midweek summer activities during the event period and the availability of the entire Parade Ground to the public for an interrupted period between the end of the event period in high summer and the set up for Winter Wonderland.

 

Ms Le Fevre advised that since the Licensing Review Hearing of the Premises Licence the operator AEG had demonstrably improved the management of the events held in Hyde Park as well as reduce their environmental impact which was reflected in the very substantial reduction of complaints received from residents.  She referred to the residents’ concern that if this application were granted there would be nothing to stop a consecutive series of nine concerts taking place and  emphasised that this was not the operator’s intention.  Ms Le Fevre concluded that there was support for this application from the Friends of Hyde Park and Kensington Gardens and Hyde Park Estate Association.

 

In response to questions from the Sub-Committee, Ms Le Fevre advised that the Royal Parks would be willing to have an additional clause that nine consecutive concerts could not be held in Hyde Park if the Sub-Committee considered it necessary. The Sub-Committee considered that the existing Premises Licence was already very tightly controlled by way of conditions and that the Environmental Health Service had proposed three additional conditions (conditions 31, 32 and 39 attached in the report) which set out the involvement of the Responsibly Authorities prior to events.

 

Mr Drayan, representing the Environmental Health Service (EHS), advised that the EHS had maintained their representation as they considered that it was for the Licensing Sub-Committee to determine this application.  Mr Drayon confirmed that EHS was otherwise satisfied with the application.  He advised that holding all nine events within 21 days, instead of at different times of the year, would be beneficial for those residents affected by the events because there would be less impact on the environment and a reduction in building noise with only one infrastructure being used.  He added that even though environmental issues were not part of the Licensing Act it was important for the Sub-Committee and residents to note the importance of sustainability, reducing wastage and the environmental impact within Westminster. 

 

Mr Drayan advised of the location and operation of the various noise/sound limiters situated outside of Hyde Park during musical events.  He added that atmospheric conditions could cause noise nuisance for certain residents one year and not in following years. He confirmed that all noise limiting equipment was monitored directly by the EHS and that the conditions placed on the Premises Licence after the Licensing Review Hearing had considerably reduced the number of noise complaints.  He further confirmed that the operator also monitored noise levels and together the operator and the EHS worked to ensure the noise level remained within the level set on the Premises Licence. 

 

In response to questions from the Sub-Committee, Mr Drayan advised that there was detailed monitoring during rehearsals and that their records indicated that they had not received many, if any, complaints during rehearsal time.  He outlined that all Responsible Authorities were included in the Event’s Licensing Safety Advisory Groups and approved the Alcohol Management Plan prior to events being held.  He added that Westminster’s City Inspectors always attended events to see how the Alcohol Management Plan was being implemented and to ensure that each bar had its own Personal Licence Holder.  He highlighted that all events were ticketed events only, entrance was closely monitored, the event area could support over 65,000 people safely and the Advisory Group always assessed how previous events had gone and any issues identified, such as alcohol misuse, was addressed and lessons learnt identified so they did not reoccur at future events.  He explained that there had not been any significant issues with regards to alcohol misuse however on the rare occasion some people had caused issues leaving the site.  He concluded by advising that the EHS were not afraid to act if the conditions of the Premise Licence were breached and highlighted the famous incident when Bruce Springsteen was switched off during an event in Hyde Park because of timing issues.

 

PC Guerra, representing the Metropolitan Police Service, advised that the Police had maintained their representation as they considered, similar to the Environmental Health Service, that it was for the Licensing Sub-Committee to determine this application.  He advised that the changes sought did not overly concern the Police and that the modification to the existing Premises Licence allowed the events to take place in a single period.  He further advised that from a Police’s point of view there was no concern regarding having nine consecutive events as the events needed the same amount of Police resources whenever they were held.  He emphasised that all events had an Alcohol Management Plan and that a Personal Licence Holder was present at each bar area during the whole event.

 

Mr Richard Brown, Solicitor representing the residents introduced Mr Mike Dunn, local resident, to the Sub-Committee.  Mr Dunn advised that it was inevitable that events attended by thousands of people would cause all sorts of nuisance and disruption.  He outlined that his main concerns were the noise from the event itself and the egress of large numbers of people which caused problems for both commercial enterprises and residents.  He explained that, in his opinion, the right balance ‘for all’ had been reached during the Licensing Review Hearing in 2012 where conditions had been agreed by all parties, with the most important ones being the limits to the number of attendees and condition 28 which limited the number of concerts in a 21-day period.

 

Mr Dunn advised that since 2012 there had always been six concerts in the summer made up of two blocks of three on successive weekends and two concerts in September.  He further advised that to the best of his knowledge there had never been a programme of nine concerts and therefore he considered that the Royal Parks was adding one additional concert to their annual programme.  He emphasised that he was very much against the removal of condition 28 which moved away from the traditional pattern of events.  He explained that the parade ground within Hyde Park provided over 70% of the Royal Park’s income and that these various events predominately affected residents living in Northwest Mayfair.  He highlighted that the Royal Parks should spread events over all their parks rather than increasing the concentration in Hyde Park to the detriment of its neighbours in Northwest Mayfair.  He concluded that he preferred to have events spread out during the year. 

 

In response to the Applicant’s submission to the application, Mr Dunn advised that the rehearsals were considerably worse than the event itself because of the testing noise/sound limits where residents received a pattern whereby excessive noise was created which then was gradually toned down until it met the allowed levels.  Mr Dunn referred to the timings of the rehearsals which seemed to go on late into the evening.  He acknowledged that the operation of these events had improved significantly, however, complaints were made by residents who were informed that the noise levels were within the permitted limits.  He emphasised that the noise nuisance was terrible for the residents living very close to this part of Hyde Park.

 

Mr Brown advised that during the Licensing Review hearing the Environmental Health Service had advised that the purpose of including condition 28 was so events would be spread out so residents would be more willing to tolerate these events.  Mr Drayan responded and advised that the reason the current condition existed on the Premises Licence was so that the Royal Parks could hold both the BBC Proms and the Summer Events.  He added that as the Royal Parks no longer accommodated the BBC Proms it seemed reasonable to hold all major events during one period. He added that sustainability might not be part of the Licensing Act however it did form part of the Council’s Licensing Policy.

 

Mr Brown advised that holding nine events over three successive weekends would be an intensification of events and requested that the balance was maintained by keeping the status quo.  He referred to Section 4 of the Licensing Act which stated that ‘authorities should exercise their functions with a view to promoting the licensing objectives’ and that the Applicant’s submissions, regarding economic, cultural and environmental, although important in a holistic way, were not licensing objectives.  He advised the Sub-Committee that it must primarily take into the consideration the promotion of the licensing objectives when determining this application. 

 

In response to questions from the Sub-Committee, EHS advised that if complaints were received during rehearsal, they immediately informed the operator.  The Sub-Committee noted that condition 60 limited the hours of rehearsal and sound checking to between 10am and 8pm.  Ms Le Fevre explained that there had always been nine events held annually in Hyde Park: eight were rolling events that occurred every year and the ninth event was used to celebrate a particular occasion such as the Commonwealth Games or the Football World Cup. Mr Mainwaring, representing the Royal Parks, confirmed that nine events was set out in the Royal Parks General Strategy as the appropriate and maximum number of events to be held at Hyde Park.  He further advised that its other Parks were also used to hold events, however, Hyde Park was the perfect place to hold the larger entertainment concerts.

 

Mr Brown advised that the wind always blowed from the southwest in Britain which automatically meant that anyone living to the northeast of Hyde Park was inevitably affected by the noise from the concerts.  He added that unfortunately there had been very little residential input into the current licence regarding noise nuisance and the decision taken that 75 decibels was reasonable, in his opinion, was incorrect.  He further added that residents did complain about the noise nuisance, however, they got complaint fatigue when informed that the events were not breaching their conditions.  He advised that the EHS was perfectly entitled to change their position, however, he had wanted to make the point that at the Licensing Review Hearing they had considered that it was beneficial to hold events in two separate slots. He again emphasised that the licensing objectives took priority over environmental factors. 

 

Ms Le Fevre advised that the Applicant believed that this was a properly crafted and considered application and that it was supported by the Environmental Health Service, Metropolitan Police Service and two Resident Associations.

 

 

Conclusion

 

The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

In reaching its decision the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.

 

The Sub-Committee in its determination noted that the Applicant had been operating successfully for years and that both the Environmental Health Service and Metropolitan Police Service were in favour of this New Premises Licence.  The Sub-Committee noted that there would be a decrease in public nuisance and public restrictions to Hyde Park if all the events were held within one 21-day period.  The Sub-Committee further noted that the Applicant had also agreed to the amended conditions as set out below in order to promote the licensing objectives. 

 

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

 

1.     To grant permission for Plays, Live Music, Recorded Music, Performance of Dance and anything of a similar description (Indoors and Outdoors) Monday to Sunday 10:00 to 22:30

 

Seasonal Variations/Non-standard timings: None

 

2.     To grant permission for Films (Indoors and Outdoors) Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 10:00 to 22:30 hours.

 

Seasonal Variations/Non-standard timings: Sundays before Bank Holiday Mondays 10:00 to 00:00

 

3.     To grant permission for the Sale by Retail of Alcohol (On Sales) Monday to Sunday 12:00 to 22:30 hours.

 

Seasonal Variations/Non-standard timings: None

 

 

4.     To grant permission for the Hours the Premises are open to the Public   Monday to Sunday 05:00 to 00:00 hours

 

Seasonal Variations/Non-standard timings: None

 

5.     To grant permission to amend conditions 28, 31, 32 and 39 as specified below.

 

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

 

Conditions consistent with the operating schedule

 

11.      Unless otherwise agreed with the City Council, the total number of people to be accommodated for the purposes of this Licence, in any event site at any one time shall not be more than 64,999 (excluding security, staff, performers and employees).

 

12.      Save for unanticipated occurrences or emergencies, and with the agreement of relevant officer(s) of the Hyde Park Licensing & Safety Advisory Group ("LSAG"), the hours when the licensable activities will be carried out will be no later than the hours set out below:

Regulated Entertainment: Monday to Sunday 10:00 to 22:30

Exhibition of Films: Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 10:00 to 22:30 Sunday before Bank Holiday 10:00 to Midnight.  Alcohol: Monday to Sunday 12:00 to 22:30

 

13.      Risk assessments shall be produced for each event, and these shall be made available to the Environmental Health Consultation Team no less than 28 days before the event where practicable.

 

14.      External organisers of events shall refer to the relevant Guides, copies of which have been deposited with the Licensing Authority.

 

15.      External organisers shall be issued with an agreement for hire of the Park, or part thereof. This agreement shall include the conditions attached to the Premises Licence and, if relevant, those agreed as a result of meetings of the LSAG.

 

16.      Save for events to which conditions 60 and 61 applies, the Licensee will take all reasonable steps to ensure that amplified music will not cause a nuisance in accordance with the sound management plan, the terms of which are to be updated from time-to-time that will help promote the licensing objectives.

 

17.      Each operator selling alcohol shall have a personal licence holder on the premises save as agreed with the Licensing Safety Advisory Group ("LSAG") and in accordance with the Alcohol Management Plan.

 

 

18.      When alcohol is sold at the event the following conditions shall apply to all bars, both for the public and in hospitality areas:

a) Unless otherwise agreed with LSAG bars will be closed at least 30 minutes before the event finish time.

b) Bars will not be permitted to run price promotions, happy hours or other promotions designed to encourage excessive drinking.

c) Unless otherwise agreed with LSAG drinks will not be sold or served in glass vessels or containers.

 

19.      Unless otherwise agreed by the Police, alcohol will not be sold on more than 20 days in any calendar year. For each of the 20 days the Responsible Authorities must be given a minimum of 28 days’ notice and the Metropolitan Police will have the right to veto the sale of alcohol at events provided they give notice of their veto no later than 7 days after being notified.

 

20.      Drinks shall not be sold or served in glass vessels or containers or served in any measure greater than a pint, except in designated controlled areas - such as in VIP or Hospitality areas - as pre-agreed by the LSAG.

 

21.      Substantial food and non-intoxicating beverages, including drinking water, shall be available throughout the permitted hours in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

22.      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.

 

23.      All training records shall be made available to Police, officers of the Licensing Authority and Trading Standards upon request.

 

24.      The premises shall at all times maintain and operate an age-restricted sales refusals recording system (either in book or electronic form) which shall be reviewed by the Designated Premises Supervisor. This refusal recording system shall be available upon request to Police, Licensing Authority staff and Trading Standards.

 

25.      Unless otherwise agreed with the LSAG, reasonable prevention methods shall be undertaken to deter members of the public from bringing any alcohol into or removing any alcohol from the licensed area.

 

26.      The number of locations where alcohol is sold at the event shall not exceed those indicated on the event plan approved by LSAG.

 

 

27.      At all locations where alcohol is sold, the name and contact telephone number of the Designated Premises Supervisor shall be displayed in a prominent position on the premises, so that is it clearly visible. The named Personal Licence Holder for that location will also be displayed with their contact telephone number.

 

Conditions applicable to Major Events

 

28.      Unless the prior consent of the Environmental Health Consultation Team and Westminster City Council has been obtained, the premises may only hold Major Events where the number of persons attending the event (excluding security, staff, performers and employees) is between:

a) 5,000 - 19,999 on no more than 5 days per calendar year (which will be part of the existing Hyde Park events calendar - none will be staged as stand-alone events and the terminal hour will be 22:00 hours and 4 out of 5 of those events will take place within a 21-day rolling period)

b) 20,000 - 49,999 on no more than 2 days per calendar year

c) 50,000 - 64,999 on no more than 7 days per calendar year

A 'Major Event' is an event where:

a) The playing of live and/or recorded music and/or the showing of films or recorded images, as defined by the Licensing Act 2003 is the principal reason for attending the event; and

b) Where the number of persons attending the event (excluding security, staff, performers and employees) exceed 4,999.

 

29.      Unless the prior consent of the Environmental Health Consultation Team has been obtained, the premises may hold Major Events on no more than three days in any calendar year where the showing of films or recorded images, as defined by the Act, is the principal reason for persons attending the Event.

 

30.      Save for Events to which Condition 28 applies, licensable activities after 18:30 shall be restricted to no more than 25 days per annum and such activities shall cease no later than 22:00 with the exception of the showing of films where the hours above apply.

 

31.      Any major events shall be notified to the Responsible Authorities and LSAG with a minimum 3 months’ notice, unless otherwise agreed with the Environmental Health Consultation Team.  Any member of the LSAG may request a meeting for such other events not included in the definition of Major Event.

 

32.      i)   The Hyde Park Licensing and Safety Planning Group (LSAG) shall be set up for major events and chaired by a representative of the Royal Parks.  Meetings of the LSAG shall be held as often and be composed of as determined by the LSAG.

           ii)   Membership of the LSAG shall consist of invited representatives of the following and any other appropriate and specialist advisor(s) as required by the chair of the LSAG:

·       The Royal Parks

·        Designated event organiser (where the licensee is not the event organiser)

·       Westminster City Council (Environmental Health Consultation Team (EHCT) and Emergency Planning Team)

·       The Metropolitan Police Service

·       The London Ambulance Service

·       London Fire Brigade

·       Transport for London

(iii)  The operational use of this licence to meet the licensing objectives of the Licensing Act for the major events shall be agreed through the LSAG process.  Prior to the event starting EHCT shall provide feedback to the Licensee that the event can proceed based on canvassing carried out of the members of the LSAG.

 

33.      An advertised 'hotline' telephone number to the Licensee shall be available to local residents.

 

34.      Any queue which forms outside the premises shall be stewarded at all times to ensure that minimal disturbance is caused.

 

35.      Patrons shall be encouraged not to congregate outside the premises after the event has finished.

 

36.      Promotional literature and tickets will contain information regarding public transport options and public conveniences and shall request persons to leave the area quietly.

 

37.      One person must be nominated for each major event to act as safety co-ordinator, who is authorised to carry out all reasonable requests made by the LSAG or their authorised representative.

 

38.      The LSAG or their authorised representative must be provided with the particulars of the nominated safety co-ordinator.

 

39.      The Premises Licence Holder shall present a draft Event Management Plan to authorised officers at least 28 days before the first event day with a final version presented to the final meeting of the LSAG The Event Management Plan shall include but not limited to the following:

           (a)  Covid 19 Statement (if appropriate);

           (b)  Access Management Plan;

           (c)  Adverse Weather Plan;

           (d)  Alcohol Management Plan;

           (e)  Cancellation Procedure;

           (f)   CCTV Plan;

           (g)  Communications Plan;

           (h)  Child & Vulnerable Adults Policy;

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

           (j)   Egress Management Plan;

           (k)  Emergency Evacuation procedures;

           (l)   Event Control Statement of Intent;

           (m) Event Medical Plan;

           (n)  Event Safety Plan including Risk Assessment;

           (o)  Fire Safety Management Plan;

           (p)  Ingress Management Plan;

           (q)  Lighting Plan;

           (r)   Noise Management Plan;

           (s)  Public Liability Insurance;

           (t)   Security and Crime Reduction Plan;

           (u)  Site Plans;

           (v)  Sustainability Statement;

           (w) Terms and Conditions of Entry;

           (x)  Trader Food Management Plan;

           (y)  Transport Assessment;

           (z)  Waste Management Plan.

 

40.      So far as is reasonably practicable the Event Organiser must ensure that the event is run in accordance with the Event Management Plan.

 

41.      There shall be adequate means of control to ensure that only permitted numbers of persons gain access to the event site.

 

42.      Adequate stewarding within the licensed area must be provided at all times during the licensed event.

 

43.      Upon reasonable request, authorised enforcement officers of the Responsible Authorities: Environmental Health Consultation Team, Metropolitan Police Service and London Fire Brigade, must be provided with security passes for full and free access at all times to each and every part of the licensed area.

 

44.      A communication system must be provided to ensure the effective operation of the site under both normal and emergency evacuation conditions. The Licensee must provide an adequate incident control centre and a rendezvous point for the Police and other emergency services.

 

45.      Adequate rigid barriers or fences designed to adequately resist right-angle and parallel loads commensurate with probable crowd pressure must be provided around any stage and other location where it is necessary to limit crowd pressure in the interests of safety.

 

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

 

 

47.      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 the LSAG or their authorised representative.

 

48.      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.

 

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 will be safely sustained.

 

50.      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 licensed event.

 

51.      After any event any litter remaining will be collected and removed from the site as soon as physically possible, either overnight or starting daybreak the following day if it is considered impractical to collect the litter in darkness.

 

52.      Regular fire patrols must be maintained at all times when the public are present in the licensed area to check for and guard against possible fire hazards. The area underneath the stage to be kept clear of flammable materials.

 

53.      A schedule detailing types and locations of firefighting equipment must be submitted to the LSAG or their authorised representative as required.

 

54.      Competent persons shall be 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 handheld devices (e.g. microphones). The competent person must make a certificate of inspection of the electrical installation available for inspection.

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

 

56.      All parts of the licensed area 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 submitted to the LSAG or their authorised representative.

 

57.      Electrical generators, where used, must be:

(a) Suitably located clear of buildings, marquees and structures, and free from flammable materials, save for that in the generator tank;

(b) Enclosed to prevent unauthorised access;

(c) Able to provide power for the duration of the event;

(d) Back up electrical generators are to be provided to power essential communications, lighting and Safety systems in the event of primary generator failure, unless otherwise agreed by LSAG.

 

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

 

59.      Unless otherwise agreed, details of any proposed use and storage of lasers, special effects, fireworks or pyrotechnics shall be presented to the LSAG or their authorised representative, and the Environmental Health Consultation Team 28 days in advance of the event.

 

60.      The following noise conditions shall apply:

(a) A noise control consultant shall be appointed, who shall liaise between all parties including the Licence Holder, promoter, sound system supplier, sound engineer and the Environmental Health Consultation Team on all matters relating to noise control prior to the event.

(b) For the purposes of monitoring music noise levels during the event and sound check, the noise control consultant shall contact the Environmental Health Consultation Team and agree noise sensitive locations which are to be used to monitor compliance with conditions (d) and (e).

(c) A noise propagation test shall be undertaken in consultation with representative(s) of the Environmental Health Consultation Team prior to each Major Event in order to set appropriate control limits at the sound mixer position. The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music likely to be produced during the event.

(d) The control limits set at the mixer position shall be adequate to ensure that the Music Noise Level shall not at 1 metre from the façade of any noise sensitive premises exceed 75 dB(A) over a 5-minute period throughout the duration of the concert.

(e) Rehearsal and sound check times shall be limited between the hours of 10:00 and 20:00. Notification of the time(s) and duration of sound checks shall be provided to the Environmental Health Consultation Team at least 24 hours beforehand.

(f) The promoter, system supplier and all individual sound engineers shall be informed of the sound control limits and that any instructions from the noise control consultant regarding noise levels shall be implemented.

(g) A communications link should be provided to enable condition (f) above to be complied with and any numbers / radios shall be made available to the Environmental Health Consultation Team prior to the event starting.

(h) The appointed noise control consultant shall continuously monitor noise levels at the sound mixer position and advise the sound engineer accordingly to ensure that the noise limits are not exceeded. The Environmental Health Consultation Team shall have access to the results of the noise monitoring at all times. The Environmental Health Consultation Team shall have access and facilities to enable them to carry out their own monitoring.

(i) No members of the audience shall be allowed within 3 metres of any speakers.

(j) The speakers must be located to the satisfaction of the Environmental Health Consultation Team.

(k) Residential properties and the relevant amenity group(s) in the immediate vicinity of the Park will be contacted as soon as reasonably practicable (and in any event no later than 28 days) prior to any Major Event advising them of the times of the Event and any sound check or rehearsal times and giving them a telephone number to contact in the event that they have any complaints.

 

61.      At Major Events with a capacity between 5,000 and 19,999 defined in condition 28(a) the music noise level shall not at 1 metre from the façade of any noise sensitive premises exceed 65dB(A) over a 5-minute period throughout the duration of the advertised event. To demonstrate this a suitable and sufficient noise management plan shall be provided to the Environmental Health Consultation Team at least 28 days prior to the event.

 

62.      Adequate medical and first aid cover and facilities appropriate to the licensed event must be provided.

 

63.      Adequate drinking water points in suitable locations must be provided and maintained to the satisfaction of the LSAG or their authorised representative.

 

64.      Adequate sanitary accommodation must be provided and maintained to serve the licensed event to at least the standards contained within the "Guide to Health, Safety and Welfare at Pop Concerts and Similar Events", or as advised by the Environmental Health Consultation Team. Suitable arrangements must be made for the collection and disposal of used hand towels, sanitary towels and other refuse from the sanitary accommodation.

65.      Details of the proposed location, level of provision and means of effective maintenance and servicing of sanitary accommodation must be submitted to the LSAG or their authorised representative if requested.

 

66.      During the build up and break down of the events site, any activities that might cause noise to be audible outside the Park will be limited to the hours of 08:00 to 20:00 Monday to Friday and 10:00 to 18:00 Saturday to Sunday.

 

67.      Any generators, refrigerators or other machinery running overnight will be silenced, screened or sited so as not to be audible outside the Park.

 

68.      There shall be a welfare point (or equivalent area) for the reporting and management of lost children. The welfare point will be staffed by trained (and appropriately certified by the Disclosure and Barring Service) members of staff who will be in radio contact with the head steward and the safety co-ordinator.

 

69.      The Event Organiser, contractor and any staff employed thereof shall comply with the Conditions of this Licence.

 

70.      All reasonable endeavours shall be undertaken to ensure that all functions relating to the setting up, the executions and dismantling of the event, the licensed area and all equipment are carried out in accordance with the Health and Safety at Work etc. Act 1974 and all related regulations, Codes of Practice and Guidance Notes. All assistance for the necessary inspections relating to Health and Safety both prior to and during the licensed event shall be provided. All documentation required by the Health and Safety at Work etc. Act 1974 relating to contractors and employees must be available for inspection by authorised officers at all times during the licensed event and must be kept at a location at the licensed area to be notified to the LSAG or their authorised representative.

 

71.      Arrangements shall be made, to the satisfaction of Westminster City Council, for the cleansing of litter and waste in the vicinity of Hyde Park during and after events.

 

72.      The event organiser will comply with all reasonable requirements of the Environmental Health Consultation Team, Westminster City Council, the London Fire and Emergency Planning Authority and the Metropolitan Police Service.

 

73.      Throughout the duration of the events (including sound checks, rehearsals and concert performances) the Music Noise Levels (MNLs) shall not exceed 15dB (LAeq5 minute) above background (Representative LA90 obtained on a number of equivalent days during the last 4 hours of the proposed concert time without the event running) or 65dB (LAeq 5 minute) whichever is the lowest. The MNL shall be assessed at measurement points greater than 1km to the north and 750 metres to the east (distance measured from the main stage mixer position). These measurement points will not be situated on trunk roads. All measurement points will be prescribed in the Noise Management Plan.

 

74.      Throughout the duration of the events (including sound checks, rehearsals and concert performances) the control limits set at the mixer position shall be adequate to ensure that the 63 Hz and 125 Hz octave frequency bands shall not exceed 75 dB (LZeq 15 minutes) as a result of Music Noise Level (MNL) beyond a 2Km radius (distance measured from the main stage mixer position). The 63 Hz and 125 Hz octave frequency bands shall be assessed in a free field position at measurement points prescribed by Westminster City Council Environmental Health.

 

75.      At events of 30,000 capacity or less, any unnecessary delay towers will be switched off upon the reasonable request of the Environmental Health Consultation Team.

 

76.      Sufficient numbers of stewards/marshals shall be employed as required by the size of the event to ensure that patrons leave the premises safely.

 

77.      Unless otherwise agreed, an Egress Management Plan shall be presented to and agreed by the LSAG or their authorised representative, no later than 28 days prior to the event. Please note: The Egress Management Plan may require the closure of Park Lane or other surrounding roads with the approval of the relevant authorities.

 

78.      Where the number of persons attending an event is between 5,000 and 19,999, and where that event is taking place within a site capacity of 64,999, bars shall be operated at one third or less of the bars operating at 64,999 to reflect the lower capacity audience, and in agreement with LSAG.

 

79.      No licensable activities shall take place at the premises until premises licence 19/15397/LIPDPS (or such other number subsequently issued for the premises) has been surrendered.

 

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

This Decision takes immediate effect.

The Licensing Sub-Committee

27^th January 2022.