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City of Westminster Item No: Licensing Ref No: 15/02466/LIPN Date: 11 June 2015 Classification: For General Release Title of Report: O/s 52-54 Leamington Road Villas London W1 Report of: Director of Public Protection and Licensing Policy context: City of Westminster Statement of Licensing Policy Financial summary: None Report Author: Mr Steve Rowe Senior Licensing Officer Contact Details: Telephone: 020 7641 7816 E-mail: [email protected] Licensing Sub- Committee Report

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Page 1: Licensing Sub- Committee Report - modern.gov Lea… · Notting Hill Carnival (Sunday to Bank Holiday Monday): 12:00 to 19:00 (The applicants w ould like to do a sound test at . 11:30

City of Westminster

Item No:

Licensing Ref No:

15/02466/LIPN

Date:

11 June 2015

Classification:

For General Release

Title of Report:

O/s 52-54 Leamington Road Villas London W1

Report of:

Director of Public Protection and Licensing

Policy context:

City of Westminster Statement of Licensing Policy

Financial summary:

None

Report Author:

Mr Steve Rowe Senior Licensing Officer

Contact Details:

Telephone: 020 7641 7816 E-mail: [email protected]

Licensing Sub-Committee Report

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APPLICATION DETAILS Application Type:

A new premises licence application under the Licensing Act 2003.

Applicant: Lloyd Roberts Date Application Received:

1 April 2015

Premises Name and Address:

O/s 52-54 Leamington Road Villas London W1

Ward Name: Westbourne

Stress Area: None

Description of Premises:

This application is for a sound system to be used outside 52-54 Leamington Road Villas during the Notting Hill Carnival each year.

Note: Where the committee is minded to grant the licence it will be granted subject to the mandatory conditions and conditions consistent with the operating schedule modified to such extent as the authority considers appropriate for the promotion of the licensing objectives detailed in Appendix D to this report. Proposed Licensable Activities, Proposed Hours: Playing of Recorded Music Notting Hill Carnival (Sunday to Bank Holiday Monday): 12:00 to 19:00 (The applicants would like to do a sound test at 11:30 am on both days) 1A 1B 1C

Relevant representations and policies applicable: The Environmental Health Service have made a representation against the application on the grounds that the proposals are likely to increase Public Nuisance and may impact upon Public Safety. Two local residents have made representations against the application on the grounds of public nuisance and public safety. The following policies within the City Of Westminster Statement of Licensing Policy apply: Policy HRS1 applies:

(i) Applications for hours within the core hours set out below in this policy will generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy.

(ii) Applications for hours outside the core hours set out below in this policy will be considered on their merits, subject to other relevant policies.

References / Notes

Environmental Health Service Representation

2 residential representations

Policies applicable

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1D

Policy MD1 applies:

Applications will only be granted if it can be demonstrated that the proposal meets the relevant criteria in Policies CD1, PS1, PN1 and CH1. The Licensing Sub-committee may refuse, grant in full or grant in part this proposal, having taken into account the representations received and Westminster’s Statement of Licensing Policy. The decision taken should promote the licensing objectives of:

• prevention of public nuisance, • prevention of crime & disorder, • public safety and • protection of children from harm.

Summary

Current Licensing Position

These premises previously held a time restricted premises licence for the Notting Hill Carnival 2014.

Residential Density:

117 units within a 75m radius of the premises are residential or proposed residential, refer to Appendix C.

Planning Position:

Licensing cannot confirm the planning usage of this premises.

List of Appendices:

A – Premises Licence History B - Proposed Conditions C – Residential Map and list of premises in the vicinity

Background Documents – Local Government (Access to Information) Act 1972 • Licensing Act 2003 • City of Westminster Statement of Licensing Policy (7th January 2011) • Amended Guidance issued under section 182 of the Licensing Act 2003 (March 2015) • Application form • Plans • Representations received • LSC Decision 6 August 2014 • Licence granted from LSC on the 6 August 2014 • Photos

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Appendix A

Licence & Appeal History Application

Details of Application

Date Determined

Decision

New Application 14/04648/LIPN

Application for a time limited licence for recorded music during the Notting Hill Carnival on 24th and 25th August 2014

06.08.14 Granted by LSC with conditions

There is no appeal history

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APPENDIX B CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE AND CONDITIONS PROPOSED BY A PARTY TO THE HEARING When determining an application for a new premises licence under the provisions of the Licensing Act 2003, the licensing authority must, unless it decides to reject the application, grant the licence subject to the conditions which are indicated as mandatory in this schedule. At a hearing the licensing authority may, in addition, and having regard to any representations received, grant the licence subject to such conditions which are consistent with the operating schedule submitted by the applicant as part of their application, or alter or omit these conditions, or add any new condition to such extent as the licensing authority considers necessary for the promotion of the licensing objectives. This schedule lists those conditions which are consistent with the operating schedule, or proposed as necessary for the promotion of the licensing objectives by a responsible authority or an interested party as indicated. These conditions have not been submitted by the licensing service but reflect the positions of the applicant, responsible authority or interested party and have not necessarily been agreed Mandatory Conditions None Consistent with the operating schedule 1. The Premises Licence Holder shall provide a name and a contact mobile telephone

number of the person responsible for the sound system during the operation of the licence, who shall be the point of contact for the responsible authorities and local residents.

2. The regulated entertainment authorised by this licence is restricted to recorded music

associated with the sound system in operation at the premises and may only take place between 12:00 hours and 19:00 hours on the 24th and 25 August 2014.

3. Loudspeakers shall not be placed in positions where members of the public can place

themselves within two metres of a loudspeaker. The speakers shall be separated from members of the public by barriers and fencing to the front of the stage as shown on the attached stage plan labelled 'Stage Plan 1'.

4. All electrical wires and connections shall be checked by a competent electrician to ensure

they are safe. Documentation to that effect shall be made available for inspection by Local Authority Officers.

5. The sound system operators shall follow any advice or instruction given by Local

Authority officers or Police officers with regard to crime and disorder, crowd dispersal and overcrowding. A minimum of twelve licensed SIA staff shall be on duty from 11:30 hours until 19:30 hours. All SIA staff shall be clearly identifiable, all of whom shall wear high visibility jackets or vests and all of whom shall be equipped with ear plugs The SIA staff shall patrol the private properties in the immediate vicinity of the sound system on a regular basis.

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6. The Premises Licence Holder shall use best endeavours to respond to reasonable requests from residents to assist in the cleaning of private gardens in the immediate vicinity of the sound system.

7. A sterile corridor one metre in width running the length of the sound systems and

speakers on the west side of Leamington Road Villas shall be provided for the use of emergency services and local authority officers. It shall be protected by barriers and staffed by stewards between 11:30 hours and 19:30 hours.

8. The noise level produced by amplified sound systems shall not exceed 85db LAeq

(1min) at a measuring point determined by the Environmental Health Officer. 9. Electrical generators, where used, must be:

a) suitably located clear of buildings, marquees and structures, and from flammable materials;

b) enclosed to prevent unauthorised access; c) able to provide power for the duration of the event; d) only use diesel as fuel source.

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Residential /Proposed Residential

Other Uses

Under Construction

Proportion Residential of all Uses

Leamington Road Villas, London Outside 52-54 Car Park

Data Source: Uniform DatabaseDate: 14/07/2014

10Meters

This product includes mapping data licensed from OrdnanceSurvey with the permission of the Controller of Her Majesty'sStationery Office. © Crown copyright and/or database right 2013.All rights reserved. Licence number LA 100019597

177

43

80%

0

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p / n Name of Premises Premises Address Opening Hours

No licensed premises in 75 metre radius

Premises within 75 metres of: 0/S 52 - 54 Leamington Road Villas

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BACKGROUND

DOCUMENTS

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© Queen’s Printer and Controller of HMSO 2009

WestminsterApplication for a premises licenceLicensing Act 2003

For help contact

[email protected]

Telephone: 020 7641 8549

* required information

Section 1 of 19

You can save the form at any time and resume it later. You do not need to be logged in when you resume.

System reference Not Currently In Use This is the unique reference for this application generated by the system.

Your reference Sir Lloyd 2015 You can put what you want here to help you track applications if you make lots of them. It is passed to the authority.

Are you an agent acting on behalf of the applicant?

Yes No

Put "no" if you are applying on your own behalf or on behalf of a business you own or work for.

Applicant Details

* First name Lloyd

* Family name Roberts

* E-mail [email protected]

Main telephone number 07702966834 Include country code.

Other telephone number 07578847274

Indicate here if you would prefer not to be contacted by telephone

Are you:

Applying as a business or organisation, including as a sole trader

Applying as an individual

A sole trader is a business owned by one person without any special legal structure. Applying as an individual means you are applying so you can be employed, or for some other personal reason, such as following a hobby.

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

Your Address

* Building number or name 132

* Street Stanford Road

District

* City or town Croydon

County or administrative area

* Postcode SW16 4QB

* Country United Kingdom

Address official correspondence should be sent to.

Section 2 of 19

PREMISES DETAILS

I/we, as named in section 1, apply for a premises licence under section 17 of the Licensing Act 2003 for the premises described in section 2 below (the premises) and I/we are making this application to you as the relevant licensing authority in accordance with section 12 of the Licensing Act 2003.

Premises Address

Are you able to provide a postal address, OS map reference or description of the premises?

Address OS map reference Description

Postal Address Of Premises

Building number or name 52-54 Car Park Notting Hill Carnival

Street Leamington Road Villas

District London

City or town

County or administrative area

Postcode

Country United Kingdom

Further Details

Telephone number

Non-domestic rateable value of premises (£)

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© Queen’s Printer and Controller of HMSO 2009

Section 3 of 19

APPLICATION DETAILS

In what capacity are you applying for the premises licence?

An individual or individuals

A limited company

A partnership

An unincorporated association

A recognised club

A charity

The proprietor of an educational establishment

A health service body

A person who is registered under part 2 of the Care Standards Act

2000 (c14) in respect of an independent hospital in Wales

A person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England

The chief officer of police of a police force in England and Wales

Other (for example a statutory corporation)

Confirm The Following

I am carrying on or proposing to carry on a business which involves the use of the premises for licensable activities

I am making the application pursuant to a statutory function

I am making the application pursuant to a function discharged by virtue of Her Majesty's prerogative

Section 4 of 19

INDIVIDUAL APPLICANT DETAILS

Applicant NameIs the name the same as (or similar to) the details given in section one?

Yes No

If “Yes” is selected you can re-use the details from section one, or amend them as required. Select “No” to enter a completely new set of details.

First name Lloyd

Family name Roberts

Is the applicant 18 years of age or older?

Yes No

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

Applicant Postal AddressIs the address the same as (or similar to) the address given in section one?

Yes No

If “Yes” is selected you can re-use the details from section one, or amend them as required. Select “No” to enter a completely new set of details.

Building number or name 132

Street Stanford Road

District

City or town Croydon

County or administrative area

Postcode SW16 4QB

Country United Kingdom

Applicant Contact DetailsAre the contact details the same as (or similar to) those given in section one?

Yes No

If “Yes” is selected you can re-use the details from section one, or amend them as required. Select “No” to enter a completely new set of details.

E-mail [email protected]

Telephone number 07702966834

Other telephone number 07578847274

Add another applicant

Section 5 of 19

OPERATING SCHEDULE

When do you want the premises licence to start? 30 / 08 / 2015

dd mm yyyy

If you wish the licence to be valid only for a limited period, when do you want it to end

/ / dd mm yyyy

Provide a general description of the premises

For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off- supplies you must include a description of where the place will be and its proximity to the premises.

Premises use is on Leamington Road Villas (car park) Crowd controlled by using adequate barriers surrounding the premises, closely monitored and with security Licence provided last year - Licence No. 14/0468/LIPN Stage for DJ's and Sound Systems with loudspeakers

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

If 5,000 or more people are expected to attend the premises at any one time, state the number expected to attend

4999

Section 6 of 19

PROVISION OF PLAYS

Will you be providing plays?

Yes No

Section 7 of 19

PROVISION OF FILMS

Will you be providing films?

Yes No

Section 8 of 19

PROVISION OF INDOOR SPORTING EVENTS

Will you be providing indoor sporting events?

Yes No

Section 9 of 19

PROVISION OF BOXING OR WRESTLING ENTERTAINMENTS

Will you be providing boxing or wrestling entertainments?

Yes No

Section 10 of 19

PROVISION OF LIVE MUSIC

Will you be providing live music?

Yes No

Section 11 of 19

PROVISION OF RECORDED MUSIC

Will you be providing recorded music?

Yes No

Standard Days And Timings

MONDAY

Start 12:00 End 19:00

Start End

Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.

TUESDAY

Start End

Start End

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

WEDNESDAY

Start End

Start End

THURSDAY

Start End

Start End

FRIDAY

Start End

Start End

SATURDAY

Start End

Start End

SUNDAY

Start 12:00 End 19:00

Start End

Will the playing of recorded music take place indoors or outdoors or both?

Indoors Outdoors Both

Where taking place in a building or other structure tick as appropriate. Indoors may include a tent.

State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not exclusively) whether or not music will be amplified or unamplified.

Amplified music

State any seasonal variations for playing recorded music

For example (but not exclusively) where the activity will occur on additional days during the summer months.

Bank Holiday only

Non-standard timings. Where the premises will be used for the playing of recorded music at different times from those listed in the column on the left, list below

For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.

Would like to do a sound test at 11:30 am

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

Section 12 of 19

PROVISION OF PERFORMANCES OF DANCE

Will you be providing performances of dance?

Yes No

Section 13 of 19

PROVISION OF ANYTHING OF A SIMILAR DESCRIPTION TO LIVE MUSIC, RECORDED MUSIC OR PERFORMANCES OF DANCEWill you be providing anything similar to live music, recorded music or performances of dance?

Yes No

Section 14 of 19

LATE NIGHT REFRESHMENT

Will you be providing late night refreshment?

Yes No

Section 15 of 19

SUPPLY OF ALCOHOL

Will you be selling or supplying alcohol?

Yes No

PROPOSED DESIGNATED PREMISES SUPERVISOR CONSENT

How will the consent form of the proposed designated premises supervisor be supplied to the authority?

Electronically, by the proposed designated premises supervisor

As an attachment to this application

Reference number for consent form (if known)

If the consent form is already submitted, ask the proposed designated premises supervisor for its 'system reference' or 'your reference'.

Section 16 of 19

ADULT ENTERTAINMENT

Highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children

Give information about anything intended to occur at the premises or ancillary to the use of the premises which may give rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups etc gambling machines etc.

n/a

Section 17 of 19

HOURS PREMISES ARE OPEN TO THE PUBLIC

Standard Days And Timings

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

MONDAY

Start 12:00 End 19:00

Start End

Give timings in 24 hour clock. (e.g., 16:00) and only give details for the days of the week when you intend the premises to be used for the activity.

TUESDAY

Start End

Start End

WEDNESDAY

Start End

Start End

THURSDAY

Start End

Start End

FRIDAY

Start End

Start End

SATURDAY

Start End

Start End

SUNDAY

Start 12:00 End 19:00

Start End

State any seasonal variations

For example (but not exclusively) where the activity will occur on additional days during the summer months.

N/A

Non standard timings. Where you intend to use the premises to be open to the members and guests at different times from those listed in the column on the left, list below

For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.

N/A

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...

Section 18 of 19

LICENSING OBJECTIVES

Describe the steps you intend to take to promote the four licensing objectives:

a) General – all four licensing objectives (b,c,d,e)

List here steps you will take to promote all four licensing objectives together.

Proposing conditions as per our previous licence - Additional documents of conditions

b) The prevention of crime and disorder

As above

c) Public safety

As above

d) The prevention of public nuisance

As above

e) The protection of children from harm

As above

Section 19 of 19

PAYMENT DETAILS

This fee must be paid to the authority. If you complete the application online, you must pay it by debit or credit card.

Premises Licence Fees are determined by the non domestic rateable value of the premises. To find out a premises non domestic rateable value go to the Valuation Office Agency site at http://www.voa.gov.uk/business_rates/index.htm Band A - No RV to £4300 £100.00 Band B - £4301 to £33000 £190.00 Band C - £33001 to £8700 £315.00 Band D - £87001 to £12500 £450.00* Band E - £125001 and over £635.00* *If the premises rateable value is in Bands D or E and the premises is primarily used for the consumption of alcohol on the premises then you are required to pay a higher fee Band D - £87001 to £12500 £900.00

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© Queen’s Printer and Controller of HMSO 2009

Continued from previous page...Band E - £125001 and over £1,905.00 There is an exemption from the payment of fees in relation to the provision of regulated entertainment at church halls, chapel halls or premises of a similar nature, village halls, parish or community halls, or other premises of a similar nature. The costs associated with these licences will be met by central Government. If, however, the licence also authorises the use of the premises for the supply of alcohol or the provision of late night refreshment, a fee will be required. Schools and sixth form colleges are exempt from the fees associated with the authorisation of regulated entertainment where the entertainment is provided by and at the school or college and for the purposes of the school or college. If you operate a large event you are subject to ADDITIONAL fees based upon the number in attendance at any one time Capacity 5000-9999 £1,000.00 Capacity 10000 -14999 £2,000.00 Capacity 15000-19999 £4,000.00 Capacity 20000-29999 £8,000.00 Capacity 30000-39000 £16,000.00 Capacity 40000-49999 £24,000.00 Capacity 50000-59999 £32,000.00 Capacity 60000-69999 £40,000.00 Capacity 70000-79999 £48,000.00 Capacity 80000-89999 £56,000.00 Capacity 90000 and over £64,000.00

* Fee amount (£) 100.00

DECLARATION1

* I/we understand it is an offence, liable on conviction to a fine up to level 5 on the standard scale, under section 158 of the licensing act 2003, to make a false statement in or in connection with this application.

Ticking this box indicates you have read and understood the above declaration

This section should be completed by the applicant, unless you answered "Yes" to the question "Are you an agent acting on behalf of the applicant?”

* Full name Lloyd Roberts

* Capacity Applicant

* Date 01 / 04 / 2015 dd mm yyyy

Add another signatory

Once you're finished you need to do the following: 1. Save this form to your computer by clicking file/save as...2. Go back to https://www.gov.uk/apply-for-a-licence/premises-licence/westminster/apply-1 to upload this file and continue with your application.Don't forget to make sure you have all your supporting documentation to hand.

IT IS AN OFFENCE, LIABLE ON SUMMARY CONVICTION TO A FINE NOT EXCEEDING LEVEL 5 ON THE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION

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© Queen’s Printer and Controller of HMSO 2009

OFFICE USE ONLY

Applicant reference number Sir Lloyd 2015

Fee paid

Payment provider reference

ELMS Payment Reference

Payment status

Payment authorisation code

Payment authorisation date

Date and time submitted

Approval deadline

Error message

Is Digitally signed

< Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next >

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GARDEN WALL ACROSS THE REAR OF STAGE

HANDRAIL/GAURDS ACROSS BACK

SAFE AREA WALK THROUGH BETWEEN PIT BARRIERS AND CARINVAL BARRIERS (1 METER IN WIDTH)

FRONT FACING CROWD

PIT BARRIERS ALSO COVERS SPEAKERS

TO THE LEFT

COVERING LENGTH OF STAGE

SINGLE GATE ENTRY FOR ARTISTS

PIT BARRIERS ALSO COVERS SPEAKERS TO

THE RIGHT

Steps to stage

with handrail.

REAR OF STAGE

H

A

N

D

R

A

I

L

H

A

N

D

R

A

I

L

SPEAKERS

(TURN

INWARDS 450) SPEAKERS

(TURN

INWARDS

450)

SPEAKERS

Barrier so that emergency services/police can walk through with 2 x Steward at either end

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CITY OF WESTMINSTER MEMORANDUM

TO Licensing Officer REFERENCE 15/02466/LIPN

FROM EH Consultation Team, 4th Floor (West) City Hall REFERENCE 15/011794/EHCT BEING DEALT WITH BY David Nevitt TELEPHONE 3188 DATE 20.5.2015

LICENSING ACT 2003 APPLICATION FOR A PREMISES LICENCE SIR LLOYD STATIC SOUND SYSTEM, LEAMINGTON ROAD VILLAS (OUTSIDE NOS. 52-54), W11 I refer to the above application which seeks a Premises Licence to include the following Licensable activities: Regulated Entertainment - Recorded Music 1200hrs-1900hrs for Sunday and Bank Holiday Monday in August each year for the Notting Hill Carnival. I wish to make Representations on the following grounds:

Representation is made in relation to the application, as the proposals are likely to increase Public Nuisance and may impact upon Public Safety.

Should you wish to discuss the matter further please do not hesitate to contact me. David Nevitt Environmental Health Officer

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Comments for Licensing Application 15/02466/LIPN

Application Summary

Application Number: 15/02466/LIPN

Address: Leamington Road Villas London

Proposal: Premises Licence - New

Case Officer: Mr Steve Rowe

Customer Details

Name: Dr Paul Bester

Address: 26 Aldridge Road Villas London

Comment Details

Commenter Type: Neighbour

Stance: Customer objects to the Licensing Application

Comment Reasons:

Comment:5:13 PM on 24 Apr 2015 We are incredibly inconvenienced and stressed by the noise

and people, as are our pets, every year. This sound system is just behind us. Our street is a main

thoroughfare from Westbourne Park Station so we really have absolutely no peace for this

weekend, and get it from the front and the back.

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Comments for Licensing Application 15/02466/LIPN

Application Summary

Application Number: 15/02466/LIPN

Address: Leamington Road Villas London

Proposal: Premises Licence - New

Case Officer: Mr Steve Rowe

Customer Details

Name: Mr Marc Salmon

Address: 5 Leamington Road Villas London

Comment Details

Commenter Type: Neighbour

Stance: Customer objects to the Licensing Application

Comment Reasons:

Comment:11:36 AM on 13 Apr 2015 The sound system at the corner of leamington road villas and

westbourne park road causes so much vibration it causes the windows in Leamington Road villas

to vibrate like bass drums. It is impossible to be in the house. The whole house vibrates which has

causes small crack to occur after teh carnival days.

The crowds come into our front yard and leave a debris of stuff which the council inevitably never

clear up properly. The crowds uses our front are as a toilet which is awful and the council never

wash it down. The crowds only gather around our house because of the sound system.

It is a health and safety disaster that we defiantly do not support.

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LICENSING SUB-COMMITTEE No. 2 Wednesday 6 August 2014

Membership: Councillor Nickie Aiken (Chairman) and Councillor

Patricia McAllister Legal Adviser: Barry Panto Policy Adviser: Chris Wroe Committee Officer: Jonathan Deacon Relevant Representations: Environmental Health, Police Licensing Team,

Public Health Authority, 1 Ward Councillor, 9 residents and 1 petition from 9 flats in Leamington House.

Present: Mr Gary Grant (Counsel, representing the Applicant), Mr James

Daglish (Solicitor, on behalf of Applicant), Mr Lloyd Roberts (Applicant), Mr Dave Fraser (Stage Manager) and Ms Becky Thompson (on behalf of Applicant), Mr Dave Nevitt (Environmental Health), PC Jim Sollars (Metropolitan Police), Councillor Adam Hug (Councillor for Westbourne Ward), Mr Andrew Gardiner (local residents) and Mr Richard Wald (Counsel, representing anonymous objectors).

Sir Lloyd Robert Sound System, for Notting Hill Carnival O/S 52 – 54 Leamington Road Villas, W11 14/04648/LIPN

1. Regulated Entertainment:

To Permit Recorded Music Notting Hill Carnival (Sunday 24th August to Monday 25th August 2014) 12:00 to

19:00.

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee initially heard from Mr Grant, representing the Applicant. This was a time limited application for this year’s Notting Hill Carnival only. He stated that the sound systems were an integral part of the Carnival. Sir Lloyd Robert Sound System had been located in Leamington Road Villas since 1988. Each of the sites for the sound systems were carefully co-ordinated and approved by the British Association of Sound Systems (‘BASS’). BASS was one of the trustees of the Carnival organising committee and fully supported the application. Mr Grant informed Members that at the 2013 Carnival, Radio 1 had recorded the set of the Sir Lloyd Robert Sound System. The Applicant had had

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a number one on the reggae chart and a top 20 on the official singles chart. The music was mainstream and did not attract troublemakers. Mr Grant advised the Sub-Committee that there were a list of eight conditions agreed between his client and the Responsible Authorities. These included that the noise level would not exceed 85db LAeq (1 min). His client had committed to hiring a minimum of 12 SIA security staff who it was proposed would as part of their duties guard two properties nearest the sound stage. The conditions and plans produced were designed to manage the situation as well as possible. Any major outdoor event of this sort would have a major impact on residents and the concerns of residents were fully appreciated. Mr Roberts would be willing to attend an open forum with residents. PC Sollars stated that he was content that the application promoted the prevention of crime and disorder licensing objective. He welcomed the fact that the Applicant had proactively offered a condition that a sterile corridor would be provided for the use of emergency services and local authority officers in the centre of Leamington Road Villas. A condition had also been agreed regarding the number of SIA security staff and he supported the idea of the security looking after two residences in the vicinity of the sound system. Mr Nevitt for Environmental Health concurred with PC Sollars that the Applicant had been proactive in proposing conditions to promote the licensing objectives. There was a previously agreed measurement position for the sound system of the corner of Tavistock Road. Mr Nevitt was keen to protect the residents of Westmead Care Home at 4 Tavistock Road from excessive noise nuisance. Measurements on the roof of the Care Home had hovered around 85 decibels and he wished to ensure that the sound system did not exceed this level. Mr Nevitt had explained in his evidence at the Sub-Committee meeting the reason why he had sought a condition that the noise level produced by amplified sound systems shall not exceed 85db LAeq (1min) one metre from the façade of the nearest residential accommodation at any time. This was in keeping with the Control of Noise at Work Regulations 2005. It was possible for people to be exposed to 85 decibels for eight hours a day without risk to hearing which was similar to the duration of the regulated entertainment that had been applied for by Mr Roberts. Once the music was played at 88 decibels there would be risk to hearing after four hours. At 91 decibels the risk to hearing occurred after two hours. At 100 decibels the risk was after fifteen minutes. Councillor Hug had similar concerns to those he had expressed at the hearing for Channel One, earlier in the meeting. What he was looking to achieve was that matters that arose as a result of the application would be managed effectively. He made the point that it was very important that Westmead Care Home was protected from noise nuisance. He was encouraged by the conditions agreed between the Applicant and the Responsible Authorities. The Sub-Committee and Mr Gardiner, a local resident, had both commented that it was a good idea in principle to guard two properties nearest to the sound system but that there was the potential for anti-social behaviour elsewhere in

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Leamington Road Villas. Mr Gardiner had added that he failed to see why residents should have to take it on themselves to take security measures. In response to this Mr Grant offered on behalf of his client that at least two of the SIA security would patrol the road. Mr Roberts informed the Sub-Committee that the funding of SIA staff was from money put aside from performances at gigs. He did not personally profit from the Carnival apart from the fact he gained some media exposure for the sound system. The Sub-Committee granted the application, subject to conditions as set out below. Members considered that it was not about stopping or preventing the sound systems being played as they had been a very important part of the Carnival celebrations for decades. However, matters relating to the application needed to be managed for the benefit of those living and working in the area and for the safety of those attending. The Sub-Committee welcomed the fact that the Applicant had met with the Responsible Authorities and proactively worked with them to produce conditions to promote the licensing objectives. There was a benefit to the Applicant being granted a premises licence rather than being permitted Temporary Event Notices as there were strict conditions on the licence which had to be complied with. If they were not complied with or if this year’s event undermined any of the licensing objectives, the residents would be in a position to oppose any future application for a similar licence. The Sub-Committee attached the conditions agreed between the Applicant and the Responsible Authorities designed to minimise public nuisance and promote public safety. These included limiting the noise level to 85 decibels. The Sub-Committee also added conditions that the Applicant had suggested ensuring a sterile corridor so that emergency services and local authority officers could access the centre of Leamington Road Villas and SIA staff that the Applicant had agreed to employ would be required as part of their duties to patrol the private properties in the immediate vicinity of the sound system on a regular basis. The Sub-Committee also made some amendments to the conditions that had been agreed in principle by the Applicant and Responsible Authorities. These included Councillor Hug’s requesting an amendment that the sound system operators would be required to follow any advice or instruction given by officers with regards to crime and disorder in addition to crowd dispersal and overcrowding. The Applicant would also be required to provide a name and contact mobile telephone number of the person responsible for the sound system to residents in addition to the Responsible Authorities during the operation of the licence. In addition, the Premises Licence Holder would be required to use best endeavours to respond to requests from residents to assist in the cleaning of private gardens in the immediate vicinity of the sound system. The Sub-Committee noted that it was a time limited application. However, it was very important that the Applicant held meetings with interested parties about what was working in terms of the operation at the Carnival and what was not. That would enable a constructive dialogue to take place which should help to prevent problems arising and to resolve outstanding issues from previous carnivals.

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2. Opening Hours:

Notting Hill Carnival (Sunday 24th August to Monday 25th August 2014) 12:00 to

19:00.

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

Conditions attached to the Licence

1. The Premises Licence Holder shall provide a name and a contact mobile

telephone number of the person responsible for the sound system during the operation of the licence, who shall be the point of contact for the responsible authorities and local residents.

2. The regulated entertainment authorised by this licence is restricted to recorded

music associated with the sound system in operation at the premises and may only take place between 12:00 hours and 19:00 hours on the 24th and 25 August 2014.

3. Loudspeakers shall not be placed in positions where members of the public

can place themselves within two metres of a loudspeaker. The speakers shall be separated from members of the public by barriers and fencing to the front of the stage as shown on the attached stage plan labelled ‘Stage Plan 1’.

4. All electrical wires and connections shall be checked by a competent

electrician to ensure they are safe. Documentation to that effect shall be made available for inspection by Local Authority Officers.

5. The sound system operators shall follow any advice or instruction given by Local

Authority officers or Police officers with regard to crime and disorder, crowd dispersal and overcrowding. A minimum of twelve licensed SIA staff shall be on duty from 11:30 hours until 19:30 hours. All SIA staff shall be clearly

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identifiable, all of whom shall wear high visibility jackets or vests and all of whom shall be equipped with ear plugs The SIA staff shall patrol the private properties in the immediate vicinity of the sound system on a regular basis.

6. The Premises Licence Holder shall use best endeavours to respond to

reasonable requests from residents to assist in the cleaning of private gardens in the immediate vicinity of the sound system.

7. A sterile corridor one metre in width running the length of the sound systems

and speakers on the west side of Leamington Road Villas shall be provided for the use of emergency services and local authority officers. It shall be protected by barriers and staffed by stewards between 11:30 hours and 19:30 hours.

8. The noise level produced by amplified sound systems shall not exceed 85db

LAeq (1min) at a measuring point determined by the Environmental Health Officer.

9. Electrical generators, where used, must be:

a) suitably located clear of buildings, marquees and structures, and from flammable materials;

b) enclosed to prevent unauthorised access; c) able to provide power for the duration of the event; d) only use diesel as fuel source.

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City of Westminster 64 Victoria Street, London, SW1E 6QP

Schedule 12 Part A

WARD: Westbourne UPRN: 010033550306

Premises licence

Regulation 33, 34

Premises licence number:

14/04648/LIPN

Original Reference:

14/04648/LIPN

Part 1 – Premises details

Postal address of premises: O/s 52-54 Car Park Notting Hill Carnival Leamington Road Villas London

Telephone Number:

Where the licence is time limited, the dates: 23 August 2014 to 26 August 2014

Licensable activities authorised by the licence: Playing of Recorded Music

The times the licence authorises the carrying out of licensable activities: Playing of Recorded Music Bank Holiday - Notting Hill Carnival: 12:00 to 19:00 (Limited to 24th August and 25th August 2014 only)

The opening hours of the premises: Bank Holiday - Notting Hill Carnival: 12:00 to 19:00

Where the licence authorises supplies of alcohol, whether these are on and/or off supplies: N/A

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence: Mr Lloyd Roberts 132 Stanford Road

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Croydon London SW16 4QB Electronic Mail : [email protected] Mobile Phone Number : 07702966834

Registered number of holder, for example company number, charity number (where applicable) N/A

Name, address and telephone number of designated premises supervisor where the premises licence authorises the supply of alcohol: N/A

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol: N/A

Date: ____________20 August 2014_________________________ This licence has been authorised by Miss Susan Patterson on behalf of the Operational Director - Premises Management.

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Annex 1 – Mandatory conditions None

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Annex 2 – Conditions consistent with the operating Schedule None

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Annex 3 – Conditions attached after a hearing by the licensing authority 1. The Premises Licence Holder shall provide a name and a contact mobile telephone

number of the person responsible for the sound system during the operation of the licence, who shall be the point of contact for the responsible authorities and local residents.

2. The regulated entertainment authorised by this licence is restricted to recorded music

associated with the sound system in operation at the premises and may only take place between 12:00 hours and 19:00 hours on the 24th and 25 August 2014.

3. Loudspeakers shall not be placed in positions where members of the public can place

themselves within two metres of a loudspeaker. The speakers shall be separated from members of the public by barriers and fencing to the front of the stage as shown on the attached stage plan labelled 'Stage Plan 1'.

4. All electrical wires and connections shall be checked by a competent electrician to ensure

they are safe. Documentation to that effect shall be made available for inspection by Local Authority Officers.

5. The sound system operators shall follow any advice or instruction given by Local

Authority officers or Police officers with regard to crime and disorder, crowd dispersal and overcrowding. A minimum of twelve licensed SIA staff shall be on duty from 11:30 hours until 19:30 hours. All SIA staff shall be clearly identifiable, all of whom shall wear high visibility jackets or vests and all of whom shall be equipped with ear plugs The SIA staff shall patrol the private properties in the immediate vicinity of the sound system on a regular basis.

6. The Premises Licence Holder shall use best endeavours to respond to reasonable

requests from residents to assist in the cleaning of private gardens in the immediate vicinity of the sound system.

7. A sterile corridor one metre in width running the length of the sound systems and

speakers on the west side of Leamington Road Villas shall be provided for the use of emergency services and local authority officers. It shall be protected by barriers and staffed by stewards between 11:30 hours and 19:30 hours.

8. The noise level produced by amplified sound systems shall not exceed 85db LAeq

(1min) at a measuring point determined by the Environmental Health Officer. 9. Electrical generators, where used, must be:

a) suitably located clear of buildings, marquees and structures, and from flammable materials;

b) enclosed to prevent unauthorised access; c) able to provide power for the duration of the event; d) only use diesel as fuel source.

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Annex 4 – Plans Attached

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City of Westminster 64 Victoria Street, London, SW1E 6QP

Schedule 12 Part B

WARD: Westbourne UPRN: 010033550306

Premises licence summary

Regulation 33, 34

Premises licence number:

14/04648/LIPN

Part 1 – Premises details

Postal address of premises: O/s 52-54 Car Park Notting Hill Carnival Leamington Road Villas London

Telephone Number:

Where the licence is time limited, the dates: 23 August 2014 to 26 August 2014

Licensable activities authorised by the licence: Playing of Recorded Music

The times the licence authorises the carrying out of licensable activities: Playing of Recorded Music Bank Holiday - Notting Hill Carnival: 12:00 to 19:00 (Limited to 24th August and 25th August 2014 only)

The opening hours of the premises: Bank Holiday - Notting Hill Carnival: 12:00 to 19:00

Where the licence authorises supplies of alcohol, whether these are on and/or off supplies: N/A

Name and (registered) address of holder of premises licence: Mr Lloyd Roberts 132 Stanford Road Croydon London

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SW16 4QB

Registered number of holder, for example company number, charity number (where applicable) N/A

Name of designated premises supervisor where the premises licence authorises for the supply of alcohol: N/A

State whether access to the premises by children is restricted or prohibited: N/A

Date: _______20 August 2014______________________________ This licence has been authorised by Miss Susan Patterson on behalf of the Operational Director - Premises Management.

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