Agenda item

Licensing Act 2003 - Application to consider an application for a Premises Licence - Riverside Park, Millfields, Burnham-on-Crouch, Essex, CM0 8HS: Determination of the application

Minutes:

The Chairman advised that the Sub-Committee had sought additional legal advice because it was under a misapprehension regarding the review procedure.  He advised that although it was possible to introduce a review this did not fall within the spirit of the Licensing Act.  The Chairman informed those present that there was opportunity under Section 51 of Licensing Act for a review to be called at any time during the licensing period and the Sub-Committee felt this was sufficient safety grounds to cover any of the opportunities or address any of the issues that may occur during the holding of any events.  The Chairman announced that the Sub-Committee was therefore withdrawing the time limit, the review period of 36 months it had previously applied to the licence.

 

The Chairman clarified that the Sub-Committee therefore granted the licence with the conditions previously mentioned in relation to the prohibition of glass etc. and that an initial Event Safety Management Plan (ESMP) was to be submitted at least 12 weeks before an event but this could be subsequently amended according to updated requirements.

 

In response to a question, the Chairman advised that the ESMP had to be submitted to Responsible Authorities and a list of these could be found on the Council’s website.

 

RESOLVED that the application for a Premises Licence at Riverside Park, Millfields, Burnham-on-Crouch, Essex, CM0 8HS be GRANTED subject to the terms applied for and the following conditions;

 

1.               All users of the park for licensable activities must:

 

·                 Apply and receive written consent from the Council.

 

·                 Abide by the Council’s Terms and Conditions for use or hire of Council Parks and Open spaces and provide all required documentation, including Event Management Plan* and Risk Assessment, to the satisfaction of the Council in good time in advance of the activity.

* Initial Event Management Plan (EMP) should be submitted at least 12 weeks prior to the event.  Subsequent updates to the EMP would be permitted.

 

2.               All regulated entertainment shall finish by 8pm, except for a maximum of 20 other days in a calendar year where regulated entertainment may operate beyond 8pm (but in accordance with the hours specified in part 1 of the licence).

 

3.               Where outdoor cinema events are taking place, the screen and sound should be sited so that it faces towards the Crouch Estuary and the speakers be directed towards the audience.  Any deviation from this layout must be agreed in writing with Maldon District Council’s Environmental Health Department at least 28 days prior to the event.

 

4.               Prior to any events involving licensable regulated entertainment, Maldon District Council’s Events Team (or equivalent at the time) must give the Environmental Health Department a minimum of 72 hours notification in writing or via e-mail with details of the nature of the event, the regulated entertainment that will take place, the finish time proposed and contact details of the organiser. 

 

5.               When amplified entertainment is provided a member of staff will monitor the noise at the boundaries of Riverside Park, Burnham-on-Crouch (that border or are adjacent to residential dwellings) at the commencement of the entertainment and within an hour of the proposed end of amplified entertainment.  The monitoring should ensure that the level of noise from the amplified entertainment is not likely to be causing a nuisance beyond the boundary of the Park and, if it was, the level of the noise must be reduced immediately.  This is the minimum level of monitoring expected and, should the event organiser or licence holder receive noise complaint(s) during the event, additional monitoring should be undertaken at that time to assess the matter further and to reduce noise levels if necessary.  The Event Management Plan may identify that additional monitoring to that required above is appropriate during an event.

 

6.               A log shall be kept by the applicant on site which shall record:

 

(i)             Details of the periodic monitoring required by condition 5 above.

 

(ii)           Details of all complaints received by the applicant during or after an event, including the complainants contact details, the nature of the complaint and a record of the action taken to resolve the complaint.

 

The log shall be made available to officers of Maldon District Council at all times.

 

7.               A telephone number (that will be staffed during events) will be displayed at the entrances to the park.

 

8.               Clearly visible signage shall be affixed for the duration of events at all exits from the licensable area reminding customers that they are exiting near to residential areas and to keep noise to a minimum.  Where an event takes places within a separate, self-contained area within the licensable area, it is recommended that additional signage to the same effect is provided at the exit to the event area.

 

9.               All beverages will be dispensed using polycarbonate glasses or other disposable drinkware or plastic bottles.  No glass bottles or cans to be sold.

 

10.            No glass bottles will be permitted in the licenced area except behind the bar.  This may result in the need to check persons entering to ensure that they are not bringing glass onto the site.