Agenda and minutes

Councillor Andrews welcomed everyone to the meeting and asked members and officers to introduce themselves.

Apologies were received from Councillor Picknell.

Councillor Smith substituted for Councillor Picknell.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a)     Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

Councillor Smith declared that he was a ward councillor in Holloway (the ward Item B1 was in) and also lived in this ward.

The applicant for B3 requested that this item be adjourned until the outstanding issue related to planning hours had been resolved. The applicant for B4 requested that this item be adjourned until 10 September 2015. The order of business would be B2 and then B1.

RESOLVED:

That the requested adjournments for B3 and B4 be granted.

RESOLVED:

That the minutes of the meeting held on 14 July 2015 be confirmed as a correct record of proceedings and the Chair be authorised to sign them.

The licensing officer stated that 5.2 (i) and 5.2 (ii) of the report should refer to appendix 4 and not appendix 3. The licensing officer stated that appendix 4 on page 201 of the agenda contained the suggested conditions of approval consistent with the operating schedule and the conditions the applicant had agreed with the council’s Noise Team. The licensing officer stated that a letter from the council’s Greenspace Team had been provided as had a plan of the park, showing the area that would be used for the event. These had been circulated to the sub-committee members and objectors and would be interleaved with the agenda papers.

Residents stated that the letter from Greenspace had not addressed their concerns. Residents reported that Lambeth Council had rejected a proposal to hold an Oktoberfest in Kennington Park and the Friends of Kennington Park had advised of problems including broken glass, toilets overflowing and residents being able to hear noise from the event when their homes were 600m from the stage. Concern was raised that regular park users would be unable to use and enjoy the park during the event.

A resident referred to the council’s alcohol policy and suggested that in accordance with the policy, the council should not be promoting this event. Concern was also raised that this was a community park and the event had no community or family values, with it being restricted to over 18s apart from a few hours.

A resident raised concern over the long and short term environmental damage caused by the event. She added that she was not reassured by the letter from Greenspace that any damage would be charged to the organisers. She reported that an unrelated event in 2012 had caused damage to the park and Oktoberfest would be a larger event. The large tent and use of heavy vehicles would affect the grassed areas, particularly as the park had poor drainage and was currently sodden. The Friends of Kennington Park had reported an area of grass in the park which, after the event, had to be reseeded and fenced off which made it unusable for some time. The event was being held at a time when money and effort had been spent on improving Caledonian Park.

A resident raised concern about the decibel level of the music to be played Reference was made to the council’s duty to protect residents from noise. The resident urged the sub-committee to reject the application or restrict it by reducing the opening hours, monitoring noise and reducing the level to 40 or 45 decibels.

The legal officer asked the applicant whether he had agreed with the conditions on page 201 of the agenda. The applicant confirmed he had. However the licensing officer had not received a noise control plan. The legal officer advised that as the applicant had not submitted a noise control plan at least 15 working days before the event, the applicant had not complied with conditions 8b, 8c and  ...  view the full minutes text for item 76.

The licensing officer stated that the revised timings and conditions in the document entitled Amendment to the Application for a New Premises Licence circulated since the publication of the agenda had been agreed by the applicant with a subsequent amendment agreed by the applicant. These would be interleaved with the agenda papers.

Residents raised concern about noise from live music, a vent and people using tables and chairs outside of the venue. A resident stated that noise reverberated through the building. Concern was raised that the door opened on to the street and it was suggested that having a lobby and or soundproofed door could reduce noise when customers were entering and leaving the premises. Concern was also raised about rubbish at the back of the premises which had been removed from the premises during refurbishment work. Concern was raised about loud music being played on 20 August.

The applicant reported that the premises had been bought two months ago and had been redecorated. Following consultation with residents, the applicant had decided to play acoustic music. The applicant’s agent had been replaced following their incorrect submission of an application for a licence with music and dancing until 2am. This problem was then resolved and the applicant had agreed conditions with the police and noise team. A soft opening session had been held one evening between 7pm and 9pm and residents had said they were happy.

The applicant’s partner stated that they were creating an arts space and were collaborating with charities and friends. Arts and comedy nights could be held and the premises would not be used as a nightclub nor for dancing.

In response to questions, the applicant and his partner confirmed that they had no connections with the previous owners or in the management of that business and would not be playing recorded music, just live music. The applicant confirmed that they had not consulted any of the residents present at the hearing.

In summary, the residents stated that their objections were based on noise from the premises and the vent and people in the street plus rubbish at the back of the premises.  The licensing officer advised residents that Condition 1 of the Noise Team Conditions meant a noise consultant would have to prepare a scheme of sound insulation and noise control measures and this would have to be submitted for approval by the council and the approved scheme then fully implemented to the satisfaction of the council prior to the premises being used for licensable activities.

In response to a question from a resident about what would happen if the condition regarding smoking was not met, the legal officer advised that a breach of conditions could lead to a potential review of the licence.

In summary, the applicant stated that the premise was a café with day time arts. Acoustic music would be played and if there were any complaints from residents, these could be raised with the applicant, who would endeavour to address them.

RESOLVED  ...  view the full minutes text for item 77.

This item was adjourned.

This item was adjourned.