Agenda, decisions and minutes
Venue: Committee Room 4, Brent Town Hall, Forty Lane, Wembley, HA9 9HD. View directions
Contact: Lisa Weaver, Democratic Services Officer 020 8937 1358, Email: lisa.weaver@brent.gov.uk
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Declarations of Personal and Prejudicial Interests (if any) Members are invited to declare at this stage of the meeting, any relevant financial or other interest in the items on this agenda. Decision: Councillor Jones decalred a personal non prejudicial interst as she knew the applicant as a former employee of Brent.
The Alcohol and Entertainment sub committee hihglighted that they had received correspondence in support of the application. Minutes: Councillor Jones declared a personal non prejudicial interest as she knew the applicant as a former employee of Brent.
The Alcohol and Entertainment Licensing Sub Committee highlighted that they had received correspondence in support of the application.
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Additional documents:
Decision: That the application by Osita Udenson for a Temporary Event Notice on 15 September 2012 for Along the length of Oaklands Road,(Off Cricklewood Broadway, London NW2) pursuant to the provisions of the Licensing Act 2003 be refused.
The Alcohol and Entertainment Licensing Sub-Committee (C) considered carefully the application in light of the submissions made all parties having regard to the Licensing Act 2003, the Councils Statement of Licensing Policy and Government Guidance on the issuing of Temporary Event Notices.
It was noted that the holding of such an event indicates a positive community initiative by the Council engaging with local people through sponsorship, however, the Council as a Licensing Authority has to strike the right balance by ensuring that during the decision making process the application promotes the licensing objectives (Crime and Disorder, Public Nuisance, Public Safety, Protection of Children from Harm)
Accordingly, it was felt that there was insufficient evidence in the application, to suggest that the licensing objectives particularly in relation to public nuisance and public safety would be met.
The Committee whilst considering the application on its individual merits was also of the view that the application should probably have been submitted as an application for a full Premises Licence under section 16 of the Licensing Act 2003 rather than for a Temporary Event Notice where the evidence could have been tested properly leaving the appropriate Responsible Authorities to make representations as they deemed necessary In addition Members had grave concerns with regard to crowd capacity. Consequently, it was felt that the applicant was unable to demonstrate that the permitted number of persons required to enter the premises (499) could not be guaranteed as exceeding that number at any one time, being a pre-requisite to the application.
The Council recognises that the event will still go ahead in Oaklands Road through the use of stalls and hopes that the amplified music can be addressed by moving it to an alternative suitable location. Minutes: The Licensing Officer introduced the application by Osita Udenson for a Temporary Event Notice on 15 September 2012 for Along the length of Oaklands Road,(Off Cricklewood Broadway, London NW2) pursuant to the provisions of the Licensing Act 2003.
The Chair requested that the applicant clarify the number of attendees for the event as the Event Health and Safety documentation alluded to over 1000 attendees whereas the TENs application form stated the attendance as the upper limit of 499 persons. The applicant clarified that the attendance figures in the Event Health and Safety documentation was representative of all four location sites across the festival at any one time and was not specific to the Oaklands application.
The Legal Advisor reminded Members briefly of the precise wording in section 100 of the Licensing Act 2003 and highlighted that a Temporary Event Notice allowed for a maximum of 499 attendees and expressed concern for a non-ticketed event in a publically accessible street potentially breaching the 499 persons limit. The Legal Advisor also directed Members attention to Box 2 on page 4 of the application where the “description of the premises” covered more than just the stretch of oaklands road for the purposes of licensable activities as evidenced by the plans supplied. The applicant noted the concerns of the Legal Advisor but due to the nature of the festival being across four locations, she felt that it was unlikely to exceed the limit and previous experience of similar events attendees tended to drift between venues throughout the day rather than linger at one point.
The sub–committee noted that the event was a community initiative in which Brent had provided funding for alongside Barnet Council who had granted TENs for the other three locations. However, the Council is determining the application in its capacity as a Licensing Authority and has to consider the application on its individual merits based on the facts presented. It was highlighted that the Council had processed the application in good faith as it was a community event despite payment of the application fee not being received from the event organisers, after the applicant having made enquiries.
Environmental Health were invited to make their representation which was made on the grounds of preventing public nuisance from regulated entertainment and noise generated by patrons in what was felt to be a residential area rather than a town centre location. Concern was expressed that the event would exceed the upper limit of the TENs and felt that a full premises licence would have been appropriate for the event to ensure that all responsible authorities were provided the opportunity to make any relevant representations.
The applicant clarified as well as holding numerous events previously, a risk assessment had been made available to the fire authority that would be providing support. Additionally it was explained that the festival was during business hours to avoid anti-social hours and the activities on offer were not ones that would generate large quantities of noise and nuisance. ... view the full minutes text for item 2. |