Agenda and draft minutes

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the meeting room and using the public seating area, you are consenting to being filmed and to the possible use of those images and sound recordings.

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

Monday 15^th October 2018, 19:00 – 22:00

To hear submissions from the Applicant and Interested Parties, and to allow for questions from the Committee.

Tuesday 16^th October 2018, 19:00 – 22:00

To hear submissions from the Premises Licence Holder, and to allow for questions from the Committee.

Decision of Licensing Sub-Committee following hearings on 15 and 16 October 2018

1             This represents the decision of the Licensing Sub-Committee on the above application for review brought by the Friends of Finsbury Park under s.51 of the Licensing Act 2003 (as amended).

2             The LSC had before it a bundle running to 1286 pages (further documents submitted at the hearing are referred to in the decision below as relevant) including the review application and supporting documentation, the Licensing Officer’s Report, representations made by other persons and responsible authorities in response to the review application, and representations made on behalf of the Premises Licence Holder (LiveNation) with supporting documentation.

3             A hearing under the Hearings Regulations 2005 took place across two evenings (15 – 16 October) during which representations and evidence was considered from and on behalf of FOFP, other persons, responsible authorities, and LiveNation, amplifying the written documentation before it.

4             The LSC has given careful consideration to the bundle both before, during, and after the hearing (during deliberations), together with the representations and evidence presented at the hearing. Numbers in square brackets refer to the bundle but the absence of reference to representations or to particular pages of the bundle should not be taken to suggest that they have not been considered. The LSC is mindful that the decision to be taken on this application ultimately involves the exercise of an evaluative judgement pursuant to s.4 of the 2003 Act following consideration of the application and representations before it and a discussion led hearing.

5             The LSC reminds itself that it must take its decision on this review application with a view to promoting the licensing objectives. In taking that decision, the LSC must also have regard to its Licensing Policy and the s.182 National Guidance.

6             The grounds for the review application are stated to be [3]:

(1)  The Wireless Festival 2017 has caused very serious disturbance amounting to a public nuisance.

(2)  The Wireless Festival 2017 has given rise to crime and disorder.

7             The LSC note that, based on the above grounds, the focus of the review is on the impact of the Wireless Festival of 2017 and limited to the licensing objectives of the prevention of public nuisance and the prevention of crime & disorder. Nonetheless, the LSC heard and considered evidence relating to the impact of Wireless in previous years as well as in 2018, and relating to the other licensing objectives of public safety and the protection of children from harm.

Preliminary issue regarding role of the Licensing Officer

8             At the start of the hearing on 15 October, FOFP objected to the involvement of Ms. Daliah Barrett as Licensing Officer on the basis of allegations of apparent bias and alleged obstructive behaviour towards FOFP.

9             The objection sought to exclude the Licensing Officer’s Report and anything sought to be said by Ms. Barrett on the basis of apparent bias against FOFP. It was stated that the context was unusual and highly sensitive  ...  view the full minutes text for item 19.