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					                   EALING LICENSING SUB-COMMITTEE

                    Wednesday 19th July 2006 at 10.00am

PRESENT: Councillors Popham (Chairman), Rose and Hazel Ware.


Reconvened from the adjourned hearing held on Wednesday 21st June
2006.

Ealing Common

Opposed application from Ealing Council regarding Ealing Common, Uxbridge
Road, Uxbridge Road, Ealing W5 to vary a converted premises licence.

The Chairman made the appropriate introductions and outlined the procedure
to be followed.

Gus Corcoran, Acting Head of Parks, Countryside & Events, represented the
applicant.

Ursula Duley, Environmental Health, represented the relevant authorities.

Cllr Jon Ball, Robin Davies, Margaret Evans, Roger Evans, Anne Haley,
Francis Harrington, John Noakes and Annabelle Pacey-Ohanian represented
the interested parties.

Paul Kettle, Senior Licensing Officer, introduced the variations to the
application that had been made since the meeting was adjourned:

   -   Alcohol sales were withdrawn from the application.
   -   Licensable events were to be limited to three a year.
   -   More stringent and enforceable conditions had been agreed with the
       Environmental Health Officer.
   -   The area of the common to be used for licensable events was to be
       bounded by Warwick Road, Gunnersbury Avenue, Uxbridge Road, The
       Common and the Grange Road extension.
   -   Any boxing or wrestling events were to be indoors only.


The Application

Gus Corcoran informed the Sub-Committee that this application had been
made in order for events to be held on Ealing Common that would benefit the
community. He had taken into account the concerns that had been expressed
by residents at the original adjourned hearing and had made a number of
amendments to the application, such as the removal of alcohol sales and
limiting the number of events to three a year. It was Mr Corcoran’s intention
that one of the three events would be a circus that would last for no more than
14 days, with two other separate events of two days each. He was willing for a


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condition to be imposed by the Sub-Committee setting these as the limits for
all events.

He added that if there were to be an event where alcohol was served then a
separate Temporary Events Notice (TEN) would need to be applied for.

The section of the operating schedule relating to the Prevention of Crime and
Disorder had also been rewritten and now listed 17 conditions relating to
environmental health and noise pollution. These had been formulated through
discussions with Environmental Health officers and local ward Councillors.

Mr Corcoran then answered questions from the Councillors and objectors.

The Chairman enquired if the applicant was willing for a condition to be
imposed requiring that deliveries only be made between 08.00hrs and
20.00hrs. Mr Corcoran replied that he was.

Robin Davies, local resident, enquired if the applicant would be willing for
there to be a buffer zone of about 40m next to the road called The Common
where there would be no licensable activities, in order to reduce the level of
disturbance to residents of this road. Mr Corcoran agreed to this in principle,
however in the absence of any maps drawn to scale he did not wish to specify
the exact size of the buffer zone. It was therefore agreed that Mr Corcoran
would meet with residents outside of the meeting in order to agree the size of
the zone, and feed this back to the appropriate Council officers.

Mr Robin Davies asked if time limits would be set for clearing up litter from
Ealing Common after an event. Mr Corcoran replied that he would not wish to
set a time limit as the amount of time needed would depend on factors such
as the size of an event and the amount of equipment to be dismantled before
litter could be cleared. However this was disputed by a number of residents
who felt that it was important for adequate resources to be made available to
ensue that litter was cleared in a reasonable amount of time.

Cllr Jon Ball referred to a letter he had received from Mr Jonathan Rackowe, a
resident and registered objector, which was distributed to all those present at
the hearing. In this letter Mr Rackowe had indicated his belief that the
maximum noise level for an event needed to be set at 65dB, as opposed to
10dB above the background noise level as was stipulated in the revised
application. Ursula Duley, Environmental Health Officer, replied that 10dB
above background noise was a relatively strict limit when compared to other
Authorities. She added that the background noise level in Ealing Common
was generally 50dB; effectively meaning a limit of 60dB had been set.


Interested Parties

The Sub-Committee then heard from those objectors who had registered to
speak at the hearing.



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A number of concerns were expressed at the possibility of boxing or wrestling
events being held on Ealing Common as it was felt that such events could
attract a raucous crowd and cause disturbance to residents as a result. It was
felt that this should be removed from the application and if any requests to
hold such events were made in the future then a TEN be sought. Mr Corcoran
replied that he wished to keep this in the application, as he would want to
cater for members of the community with an interest in such events if need
be.

Concerns were also expressed that when a circus was to be held for 14 days
it could take up to a week before and after the event to set it up and dismantle
it. This could have resulted in up to a month’s disruption to the Common,
which it was felt would be too long. It was therefore requested that the
maximum length of such an event be reduced to seven or ten days. Mr
Corcoran replied that he would not want to reduce this time limit as it may
have deterred circuses from coming to the Common in favour of venues that
allowed a longer stay.

A general discussion followed whereby alterations to the wording of a number
of the conditions relating to environmental health were agreed.

It was also requested that the Ealing Area Committee be informed of all
licensable events to be held on Ealing Common, as had been done in the
past. Mr Corcoran agreed to do this.


Resolved

The Council’s decision and conditions (not including mandatory conditions)
are set out below. Where new conditions have been added the Sub-
Committee was satisfied that they were both necessary and proportionate.

Variations

1.    To permit the provision of Plays: Monday to Sunday 10.00hrs –
      23.00hrs

2.    To permit the provision of Films: Monday to Sunday 10.00hrs –
      23.00hrs

3.    To permit the provision of Indoor Sporting Events: Monday to Sunday
      10.00hrs – 23.00hrs

4.    To permit the provision of Boxing or Wrestling Entertainment (indoor
      only): Monday to Sunday 10.00hrs – 23.00hrs

5.    To permit the provision of Live Music: Monday to Sunday 10.00hrs –
      23.00hrs




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6.    To permit the provision of Recorded Music: Monday to Sunday
      10.00hrs – 23.00hrs

7.    To permit the provision of Performances of Dance: Monday to Sunday
      10.00hrs – 23.00hrs

8.    To permit the provision of anything of a similar description to that falling
      within 5, 6 or 7: Monday to Sunday 10.00hrs – 23.00hrs

9.    To permit the provision of Facilities for Making Music: Monday to
      Sunday 10.00hrs – 23.00hrs

10.   To permit the provision of Facilities for Dancing: Monday to Sunday
      10.00hrs – 23.00hrs

11.   To permit the provision of Facilities for Entertainment of a similar
      description to that falling within 9 or 10: Monday to Sunday 10.00hrs –
      23.00hrs

12.   To permit the premises to be open to the public: Monday to Sunday
      07.00hrs – 23.30hrs

13.   Licensable activities shall only take place in that part of the common
      bordered by Warwick Road, Gunnersbury Avenue, Uxbridge Road, The
      Common and the Grange Road extension.

14.   To replace section P (b) ‘The Prevention of Crime and Disorder’ of the
      Operating Schedule with the following (as submitted by the applicant
      and amended during the hearing):

      a) The events team will liaise with local neighbours and organisations
         as part of their duties and resolve any reasonable concerns in
         accordance with our role in community guidelines.

      b) The noise level from music and speech shall not exceed the LA90
         background noise level by more that Laeq10dB, measured over a
         15-minute period, throughout the duration of the event, including
         sound checks and rehearsals. All measurements are to be taken 1
         metre from the nearest or worst affected façade of noise sensitive
         premises.

      c) Additional written and/ or verbal instructions, advice or
         recommendations issued by the Environmental Health Officer prior
         and during the event for noise control measures should immediately
         be implemented to prevent disturbance to local residents. The
         Environmental Health Officer may also require noise control to be
         coordinated by a qualified acoustic consultant, recommend sound
         barriers or enclosures, require the use of a sound limiter or specify
         details for amplification and speaker systems, etc.



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d) At least 7 days prior to the commencement of a proposed event, a
   scheme of noise control shall be submitted to the Environmental
   Health Officer for approval. The said scheme shall include control of
   all types of noise from the event including noise from amplified and
   non-amplified music, public address systems, fireworks, generators,
   vehicles, deliveries and collections, etc. The scheme shall include
   such combinations of physical and administrative measures and
   noise limits as approved by the local authorities.

e) At least 7 days prior to the commencement of a proposed event, a
   contact telephone number and convenient method for contacting
   the event representative shall be notified to and agreed with the
   Environmental Health Officer.

f) Persons operating and using sound systems including public
   address systems as well as noisy machinery shall be informed prior
   to the event of the sound control limits and other noise control
   measures specified by the Environmental Health Officer.

g) The event representative shall ensure that any instructions from the
   Council’s Noise Control Officers and requests for reductions in
   noise levels during the event or other noise control measures are
   implemented without delay.

h) Where the impact of an event is likely to affect residents of the area,
   all occupiers of sensitive premises around the site as well as the
   Council’s Noise Control Officers shall be notified in writing at least
   14 days prior to the event of dates and times of the event. A
   ‘complaints contact telephone number’ and names of a person or
   persons responsible for the control of noise shall be provided to
   relevant residents at least 7 days prior to the event and be
   accessible to complainants for the duration of the event.

i) Regulated entertainment must terminate not later than 23.00hrs.

j) Generators and other noisy machinery including refrigerated
   vehicles shall be adequately silenced, screened and/ or located
   distant from any residential premises to prevent noise nuisance to
   local residents. Operators of generators, cooler plant and other
   machinery should ensure that the normal background noise level
   L90 is not increased at any time at any noise sensitive premises
   around the site.

k) Deliveries and collections will be restricted, where possible, to
   08.00hrs – 20.00hrs Monday to Sunday to control noise nuisance.

l) Vehicle access and exit routes and dedicated parking zones will be
   distant from sensitive premises and movements controlled by event
   staff to prevent noise disturbance to local residents.



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      m) SIA supervisors, security and stewards will monitor the behaviour of
         customers entering or leaving the premises and signs encouraging
         customers to leave the premises quietly will be placed at exits
         where required, i.e. at events that finish late in the evening.

      n) The management and staff of the event are pro-active in informing
         all customers to leave the premises quietly.

      o) Light pollution such as sky glow and glare shall be avoided by
         aiming luminaries downward. Vertical illuminance of neighbouring
         façades will be controlled to a maximum of 10 lux at ground level
         and 5 lux at first floor level.

      p) Management and staff of all events will be responsible for litter
         control and all litter generated by events must be removed from
         site, where possible, within 24 hours. In the case of larger scale
         events professional cleaning contractors will be used and cleaning
         operational plans submitted to the festival and events team at the
         planning stage. After all events the Council’s Events Team shall
         monitor the site to ensure that it had been fully cleared.


Conditions

1.    There shall be a limit of three events per year, one of which shall be a
      circus to operate for a maximum of 14 consecutive days, with two other
      events each with a maximum duration of two days.

2.    There shall be a buffer zone, within which no licensable activities shall
      take place, along the boundary of the road called The Common. The
      depth of the buffer zone to be agreed between the applicant and
      residents outside of the hearing.


Informative
The Sub-Committee noted the agreement made at the hearing that the Ealing
Area Committee will continue to be informed, where possible, of all licensable
events taking place on the Common.




                          Councillor John Popham
                                 Chairman



The meeting ended at 1.05pm




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