Agenda item

The Application

The application sought a premises licence to supply alcohol at Crystal Palace Park, to provide regulated entertainment including live and recorded music, to provide films, plays and performance of dance. The hours for regulated entertainment and alcohol are Monday to Sunday 11:00hrs to 22:30hrs. The opening hours stated on the application are 10:00 to 23:00 every day.

The proposed conditions submitted with the application stated that the Premises Licence should authorise licensable activity for up to six event days at a maximum capacity 29,999 persons and a further 2 event days at a maximum capacity of 5,000 persons each calendar year between 1st May and 30th September.

A copy of the application form and plan were attached to the agenda in Appendix 1. The application included the area shown red on the plan but excluding the grey shaded area which was the National Sports Centre. During the public consultation, the Council received a total of nine valid objections which were attached to the agenda in Appendix 2.

The Case for the applicant

The Committee was addressed by the Applicant’s solicitor. The Applicant had previously been granted a licence for events in the park which had been held between 2021 and 2023. The current application reflected the experience gained. In particular the maximum capacity sought had been reduced from the previous permitted capacity of 49,999. A change had also been introduced from holding events for a three day festival to a series of individual events.

The Applicant called expert evidence. The earlier events had generated some concern that nearby residential property was being adversely affected by vibrations from the events. It was identified that the source of the vibration was not air based but caused by the audience dancing together in response to the music. This had been difficult to predict and would last for only a few seconds. A solution was achieved by reducing the numbers attending the events and also by repositioning the stage. The result has been a marked reduction in the number of complaints.

In terms of noise issues, the Committee was advised that an improved sound system had been introduced in 2023 which was designed to limit noise spillage from the events. The size of the stage was also reduced and reorientated for this reason also. The events were monitored in terms of noise. The result was a marked reduction in complaints concerning noise over the preceding years since 2021. The conditions required a  noise management plan to ensure this progress was maintained.

A successful transport plan with necessary road closures had been implemented in 2023 with information being circulated to affected properties. In terms of social behaviour, anti-social behaviour measures, a drugs policy, and a security plan with stewards agreed with the police would be secured by condition.

The Applicant had considered the Council’s Licensing Policy that discouraged multiyear applications for large scale events. The application for an indefinite premises licence had been reduced to a 5 year licence. The Applicant felt a licence could be granted for this timescale given the experience to date and all the measures as detailed above. A considerable financial investment would be necessary to hold the events and some level of reassurance about the longevity of the licence was needed.

(ii) The Case for the Objectors

The written representations submitted by local residents were set out in the agenda. The Committee noted in particular, a concern that the measures taken to reduce vibrations and noise may not be sufficient and concerns as to whether the park was a suitable venue for large events even with the reductions in attendance. It was felt that poor security and crowd control had caused issues at the previous events and that the festival line for residents had not dealt with the complaints received by it. Large sections of the park were being closed off during the summer. It was not explained how the events would relate with events being provided by other organisers. Noise and air pollution from heavy machinery used to transport equipment and stages was significant. There was a potential impact on wildlife.

In addition to the written representations the Sub-Committee also received verbal representations. Councillor Simons of the London Borough of Southwark spoke on behalf of Mr Bernstein. He asked that vibration monitoring take place at Princess Court and indicated residents would prefer a shorter licence period of 3 years to encourage a dialogue with the event organisers. He was particularly concerned to ensure that residents got notification in advance. He pointed out the difficulties in delivering communications to residences in blocks with door entry systems.

Councillor Thompson welcomed the offer of a 5 year rather than an indefinite licence. He felt a condition was needed to ensure vibration monitoring and that the impact on health should be considered. Councillor Jeal (for Councillor Brooks) asked for better engagement with ward councillors and consultation with local residents and businesses to be strengthened. He asked for a one year licence only given the size of the licensed area applicated for and that it was envisaged the event might be moved to other areas of the park as a result of refurbishment works.

Reasons for Decision

Members considered the amended application, the written and oral representations, the Council’s Statement of Licensing Policy and statutory guidance. They concluded that the application with conditions could be permitted without harm to the licensing objectives, but only if the licensable area was reduced.

The Committee considered the Council’s licensing policy at paragraph 16.1 concerning large scale events which provides that they “are generally dealt with on a time limited premises licence. They are not granted on a multi-year basis”. Both the Health and Safety and Public Health Nuisance Teams referred to this policy as part of their concern.

The Applicant had now amended their application so as to seek a 5 year licence. Members accepted that the Applicant had gained experience of managing events at the Park since 2021 and made significant amendments to the management of the licensed events so as to reduce the impact of them. The maximum capacity of the events was now reduced. Steps had been taken to reduce the impact of the events in terms of vibration and public nuisance from sound by relocating and reducing the stage. More sophisticated sound equipment designed to reduce noise spillage had been purchased. An extensive list of conditions were proposed including a requirement for a draft event management plan to be submitted at least 5 months before the first event. The plan would be subject to approval by the Safety Advisory Group. The police confirmed that from their perspective they would accept a 5 year licence. It was because of these changes that we felt the events could be permitted with the safeguarding conditions for a longer than annual time period.

When considering which time scale for the licence was appropriate, the Committee noted that the intention may be to move the stage to another section of the park to enable refurbishment works to take place. The evidence given indicated that the position of the stage was of crucial importance. New assessments would need to be made, were the stage to be moved to a different area. The outcome of those assessments and impact of a relocated event was unknown. For these reasons, the Committee felt it could agree to a five year licence but only for the smaller area that had previously been licenced.

The Committee considered all the representations from nearby local residents. However, the expert evidence  indicated that those concerns could be addressed by conditions and in particular the condition requiring an event management plan.

The Committee considered the proposed conditions as set out in the Agenda to be necessary. It was felt an amendment to proposed condition 113 was needed to make clear the monitoring report was required for each event.  It was also felt that more detail was required in condition 130 concerning the extent of the public consultation.

Decision

That the application for the grant of a premises licence at Crystal Palace Park, Thicket Road, Penge, London SE20 8DT be GRANTED, subject to the imposition of a condition that the licensable area will be identical to that approved under premises license reference 20/00398/LAPRE, that the licence shall run until 30^th September 2028 and subject to the conditions agreed with the Police and set out in Appendix 3 of the agenda with the following amendments:

Condition113:  A monitoring report, demonstrating compliance with the relevant Licensing Conditions shall be submitted by the Acoustic Consultant to the London Borough of Bromley’s Environmental Health Department within 14 days of each event day.

Condition 130:  The PLH will make all reasonable efforts to ensure that effective communication will be undertaken with local residents. A meeting will be held for members of the local area which will be attended by members of the PLH. LBB will also be invited to attend. Details of the meeting will be circulated to local residents, businesses and councillors for all of the local government election wards that are adjacent to the park in advance of the meeting.