Report of the Director of Law and Governance (Monitoring Officer)

The subject of the decision:

 

The Director of Law and Governance submitted a report seeking consideration of an application for the grant of a new premises licence in respect of Woodhouse Farm, Little Ayton, TS9 6HZ.

 

The application sought to authorise the sale of alcohol for consumption on the premises between 12 noon and midnight on a Saturday and between

12 noon and 5pm on a Sunday; late night refreshment between 11pm and midnight on a Saturday; live music between 2pm and 11.30pm on a Saturday and between 12 noon and 5pm on a Sunday; recorded music between 12noon and midnight on a Saturday and between 12 noon and 5pm on a Sunday; performance of dance between 2pm and 11.30pm on a Saturday and 12 noon and 5pm on a Sunday.

 

Alternative options considered:

 

The Panel considered all of the options in paragraph 7.2 of the officer’s report. 

 

The Panel did not consider it necessary to reject the application.  The Panel therefore considered whether to grant the application as applied for or to grant the licence subject to additional conditions.  The Panel was satisfied that appropriate conditions should be imposed to adequately promote the licensing objectives and therefore concluded that the alternative options were not appropriate in this instance.

 

The reason for the decision:

 

The Panel considered the representations of the parties both written and oral, the Licensing Act 2003 as amended, the Council’s Statement of Licensing Policy and the guidance issued under Section 182 of the Licensing Act 2003.

 

The applicant informed the Panel that a premises licence was required to authorise the proposed activities at an annual music festival with an outdoor main stage, an indoor arena for acoustic music and a food court and bar.

 

The Panel was informed that the event had already been subject to scrutiny from the Council’s Safety Advisory Group (SAG) comprising relevant bodies such as the police, the fire service, the ambulance service, emergency planning, highways and environmental health.  The applicant indicated that his Event Management Plan had been developed in line with the advice of the relevant bodies.

 

The Panel was informed that, in accordance with the Event Management Plan, professional and properly authorised personnel had been engaged to provide security, medical assistance, traffic management, toilets, sound and stage.  The applicant indicated that there would be security on all entrances, bag searches would be carried out, regular security patrols would be conducted and evacuation procedures would be in place.  The applicant also informed the Panel that there would be an ambulance on site and that provision would be made for the air ambulance if necessary.

 

Note:  Due to the applicant’s temporary loss of connection, the hearing was adjourned at 10.24am and reconvened at 10.30am with all parties present.

 

The Panel considered the representations of three local residents in relation to traffic, noise and potential disorder from attendees.

 

The Panel noted that none of the responsible authorities had made representations in relation to the licence application and several mitigating measures had been agreed with the police and environmental health.  The Panel concluded that the conditions agreed with the responsible authorities during the consultation period should be imposed on the licence in order to adequately promote the licensing objectives.

 

The applicant informed the Panel that, in order to reduce the potential impact on residents, he had cancelled proposals to hold a silent disco towards the end of the event and all activities would cease at Midnight.  The Panel concluded that it was appropriate for the promotion of the licensing objectives to ensure that the event did not go beyond Midnight.  Accordingly, the Panel concluded that the terminal hour for alcohol sales should be reduced to 11.30pm on the Saturday in order to allow adequate ‘drinking up’ time ahead of a Midnight finish.

 

The Panel was satisfied that other bodies such as the highways department of North Yorkshire County Council had been consulted and had influenced the development of the applicant’s Event Management Plan.

 

The applicant informed the Panel that appropriate road closures would be in place as approved by the County Council’s highways department and a suitable traffic management company would be responsible for ensuring that any risks in this regard were minimised.

 

The Panel was satisfied that suitable measures in this regard would be implemented outside the remit of the licence application and the licensing authority should not duplicate statutory requirements or other duties or responsibilities placed on employers and event organisers by other legislation.

 

The Panel was also satisfied that the surrounding areas would be appropriately marshalled in accordance with the applicant’s Event Management Plan.  However, the Panel noted that the licence may be subject to review if any issues in this regard have an adverse effect on the licensing objectives.

 

The Panel considered concerns raised by interested parties relating to a potential expansion of the event in future, both in terms of occupancy levels and frequency.

 

The Panel was satisfied that the aforementioned conditions agreed with North Yorkshire Police and the Council’s Environmental Health team would restrict the licence to a single two-day event per year.  The Panel was satisfied that these restrictions should apply to all licensable activities authorised by the licence.

 

The Panel noted that the applicant expressed no intention of expanding the event and, in any case, an extension on the agreed limits would be subject to further consideration from the licensing authority on receipt of a separate application.

 

The applicant indicated that no more than 2,000 attendees would be permitted entry to the event.  The applicant also informed the Panel that all attendees would be required to purchase a ticket in advance of the event.

 

The Panel was concerned that, without appropriate restrictions in place, the number of attendees could rise significantly.  Having considered the representations of the interested parties, the Panel was satisfied that the applicant would need to have some certainty over the number of attendees in order to adequately manage traffic, access and egress.  The Panel therefore concluded that it would be appropriate for the prevention of public nuisance and crime and disorder to restrict access to ticket holders only.

 

The Panel also concluded that the number of tickets available for purchase should be restricted to 2,000.  The Panel was satisfied that this would alleviate the concerns of local residents in relation to any future expansion of the event, although it again acknowledged that a new application could be made and would need to be considered on its individual merits in that scenario.

 

The decision:

 

That the premises licence be granted to authorise the following activities:

 

Sale of alcohol

·         Saturday – 12pm Noon to 11.30pm

·         Sunday – 12pm to 5pm

 

Live music

·         Saturday – 2pm to 11.30pm

·         Sunday – 12pm to 5pm

 

Recorded music

·         Saturday – 12pm to Midnight

·         Sunday – 12pm to 5pm

 

Performance of dance

·         Saturday – 2pm to 11.30pm

·         Sunday – 12pm to 5pm

 

Late night refreshment

·         Saturday – 11pm to Midnight

 

subject to the following conditions:

 

·         No person shall be permitted entry to the premises unless they are in possession of a ticket purchased prior to the start of the event. This condition shall not apply to staff and performers.

 

·         The premises licence holder shall ensure that no more than 2,000 tickets are available for purchase in respect of any event authorised by the licence.

 

·         The premises licence holder shall supply to Hambleton District Council Licensing Authority and North Yorkshire Police an Event Management Plan at least three months before any event or within another timeframe agreed in writing by the Licensing Authority and North Yorkshire Police.

 

·         The event will be conducted in accordance with the Event Management Plan.

 

·         Licensable activities shall be authorised by the premises licence for one event per calendar year taking place over the course of no more than two days.

 

·         Only polycarbonate glasses will be used on the premises.

 

·         There shall be no adult entertainment on the premises.

 

·         The Music Noise Level (MNL) shall not exceed 65 dB(A) over a 15 minute period and shall be assessed not less than once per hour of the duration of the amplified live and recorded music. Measurements of the MNL shall be undertaken at the three nearest residential properties using a sound level meter complying with type 2 or better of BS EN 61672.

 

·         The premises licence holder shall ensure that the promoter, sound supplier and all individual sound engineers are informed of the sound control limits.

 

·         A written record of noise monitoring shall be kept detailing the date, time, duration, location, weather conditions, MNL measured and any action taken to reduce MNL. These results shall be made available upon request to an officer of Hambleton District Council’s Environmental Health Service or Licensing Authority.

 

·         The control limits set at the mixer position shall be adequate to ensure that the MNL shall not at any noise sensitive premises exceed 65 dB(A) over a 5 minute period in the 63Hz and 125Hz frequency bands throughout the duration of the event.

 

·         The premises licence holder shall operate a Challenge 25 scheme in relation to all alcohol sales.

 

·         No person under the age of 18 years shall be permitted to enter the premises unless accompanied by a responsible adult.