Licensing Sub Committee Minutes 13-04-06

106. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 6 March 2006 be confirmed.

107. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Cllr Susan Scoccia – declared a personal interest in Minute 108 Application for a Premises Licence for Seaclose Park, Medina High School grounds and Fairlee Farm - as she knew a member of an Island band that would be playing at the festival.

108. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Consideration was given to Paper B, the report of the Head of Consumer Protection, providing details of an application for a Premises Licence, received in accordance with Section 17 of the Licensing Act 2003.

A schedule of any additional representations, received after the printing of the reports, was submitted to Members prior to the consideration of each relevant application. Members noted that a record to this effect would be contained within the minutes.

Details of any proposed additional steps to promote the licensing objectives were set out in the report of the Head of Consumer Protection, circulated with the agenda.

The Sub Committee followed the agreed procedure, which had been previously circulated to all parties prior to the meeting. After the hearing of the application, the Sub Committee presented the following decisions and the reasons for that decision.

RESOLVED:

THAT upon receiving the report of the Licensing section, oral and written evidence from the applicant, interested parties and responsible authorities and having regard to the Guidance issued under s182 of the Licensing Act 2003 and the Isle of Wight Council’s Statement of Licensing Policy 2004 – 2007, the application be determined as detailed below:

(During the debate Cllr Mike Cunningham declared a personal interest as he knew Mr Page who was the Chairman of Newport Conservative Association).

Decision Ref	108
Application:	Application for a Premises Licence in respect of Seaclose Park, Medina High School grounds and Fairlee Farm, Newport, Isle of Wight.
Details:	Provision of Regulated Entertainment		Hours of Licensable Activities
	(a)	Plays	N/A
	(b)	Films	Thursday, 8 June 2006 1800 - 0001 hours Friday, 9 June 2006 1700 - 0200 hours Saturday, 10 June 2006 1100 - 0200 hours Sunday, 11 June 2006 1100 - 0200 hours
	(c)	Indoor Sporting Events	N/A
	(d)	Boxing or Wrestling	N/A
	(e)	Live Music	Friday, 9 June 2006 1700 - 2310 hours Saturday, 10 June 2006 1100 - 0001 hours Sunday, 11 June 2006 1100 - 2310 hours
	(f)	Recorded music	Thursday, 8 June 2006 1800 - 0001 hours Friday, 9 June 2006 1700 - 0200 hours Saturday, 10 June 2006 1100 - 0200 hours Sunday, 11 June 2006 1100 - 0200 hours
	(g)	Performances of Dance	Friday, 9 June 2006 1700 - 2310 hours Saturday, 10 June 2006 1100 - 0001 hours Sunday, 11 June 2006 1100 -2310 hours
	(h)	Anything similar to (e) (f) (g) above	N/A
	Provision of Entertainment Facilities
	(i)	making music	N/A
	(j)	dancing	Thursday, 8 June 2006 1800 - 0001 hours Friday, 9 June 2006 1700 - 0200 hours Saturday, 10 June 2006 1100 - 0200 Sunday, 11 June 2006 1100 – 0200
	(k)	entertainment similar to (i) & (j) above	N/A
	Late Night Refreshment		Thursday, 8 June 2006 2300 - 0200 hours Friday, 9 June 2006 2300 - 0200 hours Saturday, 10 June 2006 2300 - 0200 Sunday, 11 June 2006 2300 – 0200
	Supply of Alcohol Within The Arena		Thursday, 8 June 2006 1800 - 0001 hours Friday, 9 June 2006 1700 - 0200 hours Saturday, 10 June 2006 1100 - 0200 hours Sunday, 11 June 2006 1100 - 0200 hours
	Supply of Alcohol Within The Campsite		Thursday, 8 June 2006 1200 - 0200 hours Friday, 9 June 2006 1100 - 0200 hours Saturday, 10 June 2006 1100 - 0200 hours Sunday, 11 June 2006 1100 - 0200 hours
	Other Times Premises Proposed To Be Open To The Public		Friday, 9 June 2006 1700 - 0200 hours Saturday, 10 June 2006 1100 - 0200 hours Sunday, 11 June 1100 - 0200 hours The campsite will be open 24 hours a day from : 12 noon on Thursday, 8 June 2006 until 12 noon on Monday 12 June 2006. It is proposed that the two Medina High School playing fields will be open Thursday evening and the bar concessions within this area will be open for use by campers only.
Public Participants:	Mr J Gidding (Applicant) Mr G Lumley (Objector) Mr Page (Objector) Mrs Johnson (Objector)
Additional Representations:	None
Comments :	None
Reasons for Decision:	The reasons were provided in the report to promote the Licensing objective regarding the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm in particular and in accordance with the Isle of Wight Council’s Statement of Licensing Policy and to the Guidance issued under s182 of the Licensing Act 2003. The Sub Committee had regard to the Human Rights Act 1998, and in particular Article 1 of the First Protocol, Article 8 and Article 6. The Sub Committee considered their decision to be proportionate and necessary for the promotion of the four licensing objectives under the Licensing Act 2003. The Sub Committee advised the applicant and interested parties that they had a right of appeal to the Magistrates Court if they were dissatisfied with the decision, and that any such appeal had to be made within 21 days.
Resolution:	THAT the grant of a Premises Licence for Seaclose Park, Medina High School Grounds and Fairlee Farm be approved, in accordance with the application, subject (only) to those conditions proposed by the applicant within the operating schedule and also subject to the mandatory conditions specified in the Licensing Act 2003, there were two modifications, during the course of the hearing the applicant, Mr John Giddings, agreed to the following additional conditions: 1. No alcohol will be sold in the main arena after Live Music on the main stage has ceased on any day. 2. All licensable activities on the site will cease at 0100 hours on Monday morning. The Committee read the report and supporting papers and heard submissions from Mr Giddings and several objectors. It was noted that the responsible authorities had all responded and none had raised any objection to the application as drafted. It was also noted that some local residents were troubled by the potential for crime and disorder and noise nuisance in particular. The committee were acutely aware of the fact that an event of this size and nature has an effect on local residents. They balanced the rights of an applicant to run a successful venture against the rights of local people to enjoy peaceful occupation of their homes. The committee worked this balance on the basis that they felt the application as amended addressed the licensing objectives and no further conditions were necessary or proportionate to [promote the four licensing objectives.
Conditions:	Conditions as follows : (Reproduced from the Operating Schedule) Police 1. In ‘key areas’ there shall be an SIA licensed officer in control of stewards. 2. There shall be no bar concessions located within the campsite. A mobile convenience store is however permitted. 3. The main arena sweep shall commence thirty minutes after the main stage entertainment has finished. 4. The bars on site shall be open during the evening of Thursday 8 June 2006 for use by campers only. 5. The policing of the event shall be controlled by Show & Event Security and Firewalker. Joint briefings shall take place throughout the Festival with the organisers, emergency services, event safety officer, security/stewards and police. 6. Tokens that can be exchanged for alcoholic drinks shall be sold at ticket booths in order to prevent large amounts of cash being held in each bar area. 7. All bags will be searched on entry to the arena and campsites. 8. All stewards shall be required to wear ‘high viz’ tabards with their role and employer clearly detailed. 9. The only persons permitted to supply alcohol from backpacks are those employed to promote ‘Strongbow’ cider, no other persons may sell alcohol in this manner on site. No samples shall be given to attendees under the age of 18 years. 10. All concessionaires’ vehicles/trailers shall be checked when entering the site to prevent the unauthorised sale of alcohol. Isle of Wight Fire and Rescue Service 1. Means of Escape - the Licensee or event organiser shall ensure suitable and sufficient means of escape in case of fire for all people present. 2. Means of escape should be in accordance with the relevant sections of Chapter 3 or the “Event Safety Guide” (HSG195). 3. Firefighting Equipment - the Licensee or event organiser shall provide appropriate portable or hand-held firefighting equipment. 4. Firefighting Equipment - fire involving electrical equipment, firefighting equipment provision and special risks, should be in accordance with the relevant sections of Chapter 3 of the “Event Safety Guide” (HSG 195). 4. Means of Giving Warning in Case of Fire the Licensee or event organiser shall provide a fire warning system to provide information to stewards and everyone present, so that all can be safely evacuated before escape routes become impassable through fire, heat or smoke. 5. Means of Giving Warning in Case of Fire - the means for giving warning should be suitable for the particular venue, taking into account its size and layout and the number of people likely to be present and should be in accordance with the relevant sections of Chapter 3 of the “Event Safety Guide” (HSG 195). 6. Fire Safety Advice on Curtains, Drapes and Other Materials - the Licensee or event organiser shall notify the Isle of Wight Fire and Rescue Service in writing of any proposal to use combustible decorative materials, which should be accompanied by full details, including samples of the material proposed to be used. 7. Fire Safety Advice on Curtains, Drapes and Other Materials - curtains and drapes and artificial and dried foliage, should be in accordance with the relevant sections of Chapter 3 of the “Event Safety Guide” (HSG 195). 8. Crowd Management - the Licensee or event organiser shall comply with the relevant sections of Chapter 6 of the “Event Safety Guide” (HSG 195). 9. Transport Management - the Licensee or event organiser shall comply with the relevant sections of Chapter 7 of the “Event Safety Guide” (HSG 195). 10. Structures - the Licensee or event organiser shall comply with the relevant sections of Chapter 8 of the “Event Safety Guide” (HSG 195). 11. Electrical Installations and Lighting – the Licensee or event organiser shall comply with the relevant sections of Chapter 10 of the “Event Safety Guide” (HSG 195). 12. Special Effects, Fireworks and Pyrotechnics – the Licensee or event organiser shall comply with the relevant sections of Chapter 17 of the “Event Safety Guide” (HSG 195). 13. Camping – the Licensee or event organiser shall comply with the relevant sections of Chapter 18 of the “Event Safety Guide” (HSG 195). 14. An operational attendance by the Duty Officer and by a fire appliance or appliances with crews will be required by the Isle of Wight Fire and Rescue Service. 15. An attendance by a Fire Safety Enforcement Officer will be required. Environmental Health Officer – Noise Control 1. The Licensee shall appoint a person responsible for the overall control of all noise being generated from within the boundary of the licensed premises. This person shall be contactable by the Licensed Authority at all times throughout the event. 2. The sound systems of the main stage shall be available for testing by the Licensing Authority at such times agreed between the Licensing Authority and the Licensee. All testing of amplified equipment before the event shall be by prior agreement with the Licensing Authority. 3. Unrestricted access to the sound mixing positions and backstage areas shall be allowed at all times to the Licensing Authority for the purposes of sound level measurement and communication with the mixing engineer(s). Means of communicating between the off-site monitoring points and the engineer(s) must be made available to the Licensing Authority by the organiser. 4. The Licensee shall provide and maintain sound level monitoring equipment* to measure the noise level of the main stage at the mixer position. Noise levels will be set by the Licensing Authority prior to the event which shall not be exceeded throughout the event. 5. The maximum noise level(s) will be set prior to the event by the Licensing Authority who reserves the right to alter the set levels if found necessary to prevent noise nuisance and ensure compliance with licence conditions. The levels set and any alterations will be effective from the time of notification to the mixing engineer(s). 6. The Licensee shall install an electronic sound logging device, to be approved by the Licensing Authority prior to the event. It shall be positioned at the mixing desk and shall log 15 minute dBA Leq values at the mixer position for the full duration of the event. These values shall be stored and kept until permission is granted by the Licensing Authority for their disposal. A hard copy of the logged values shall be supplied to the Licensing Authority at the close of each day’s entertainment. 7. The Licensee shall effect full control over the public, organisations and traders on the site where there is amplified music being played. On receipt of a request from the Licensing Authority, the Licensee shall arrange for the volume to be reduced or the playing to cease if in the opinion of the Licensing Authority an unreasonable noise disturbance is being or is likely to be caused. 8. All loudspeakers shall be arranged and directed as agreed with the Licensing Authority at the time of commencement of the rigging of the loudspeaker system. 9. The Licensee shall ensure that amplification equipment is not brought onto site unless: (a) it is for use as part of the licensed entertainment. (b) it is for the use of authorised traders for the sole purpose of providing background music to their own stall. 10. The Licensee shall arrange for confiscation of equipment in the case of traders where, in the opinion of the Licensing Authority, an unreasonable noise disturbance is being or is likely to be caused. 11. Separate persons shall be positioned, one within the mixing tower and one near the stage fold back desk, both provided with a noise cancelling headset, to act as contact points and communicate messages and/or instructions from the Licensing Authority to the desk engineers. The licensee shall agree that in conjunction with the licensing authority music noise levels will be reduced if necessary following information received from the monitoring points. 12. Between 1000 hours and 2400 hours on any weekday or Saturday of the event which are not a public holiday or a bank holiday, and between 1000 hours and 2300 hours on any Sunday, public holiday or bank holiday of the event, during sound checks the noise levels generated from within the Licensed Premises shall not exceed 75 dBA Leq when measured at a distance of one metre from the boundary of any noise-sensitive premises over any 15 minute period. Noise levels in the 63Hz or 125Hz octave frequency bands must not exceed 85dB at a distance of 1 metre from the boundary of the nearest noise sensitive premises. 13. Between 00:00 hours and 01:00 hours, during sound checks the noise levels generated from within the Licensed Premises shall not exceed 60 dBA Leq when measured at a distance of one metre from the boundary of any noise-sensitive premises over any 15 minute period. 14. Between 01:00 hours and 10:00 hours, during sound checks the noise levels generated from within the Licensed Premises shall not exceed 45 dBA Leq when measured at a distance of one metre from the boundary of any noise-sensitive premises over any 15 minute period. sound level equipment to IEC Type 2 Standard capable of providing a read-out in dB(A) of 60 second to 15 minute dB(A) Leq values, the meters to be provided with an automatic reset facility. However it should be noted that the Licensing Authority will be using Type 1 instruments and in any disputed measurements, the enforcing authority readings shall take precedence. Trading Standards* 1. Festival attendees will not be permitted to take alcohol into the arena. Stewards will employ recognised search techniques at the entry gates. 2. The appropriate posters will be displayed in the bar areas to prevent persons under the age of 18 from attempting to purchase alcohol. 3. All bar staff will be 18 years old or over and trained on the requirements of the law regarding the sale of alcohol, this will include instruction on how to question and refuse sales if necessary. 4. Training records will be maintained by the Designated Premises Supervisor (DPS) 5. Advice will be provided to bar staff about what Age ID cards are acceptable. 6. All bar staff will be encouraged to use the “Think 21” age recognition policy. 7. In the event of an individual being refused alcohol SIA registered Door Supervisors will be on hand to assist in the management of any subsequent issues. 8. Any person deemed to be intoxicated will not be served further alcohol. Bar managers will monitor alcohol sales closely. Children’s Services 1. Alcohol will only be sold from the designated bar areas, these will be located in marquees; temporary structures and custom built mobile units. 2. All staff coming into direct contact with children will be subject to an enhanced CRB check prior to engagement. Matters relating to the prevention of underage sales have been conditioned under the trading standards section above. Planning 1. All structures used shall be removed from land as soon as reasonably practicable after the event. 2. All litter shall be removed from the site after the event and the land shall be left tidy and returned to its original condition. No additional conditions relating to health and safety have been considered necessary. The above conditions are not exhaustive, further conditions may be attached to the premises licence if granted. Any further conditions will be proportionate and in conjunction with the applicant’s operating schedule. Isle of Wight Act 1971 (As Amended) Schedule of Condition Public Order & Safety 1. In ‘key areas’ there shall be an SIA licensed officer in control of stewards. 2. There shall be no bar concessions located within the campsite. A mobile convenience store is however permitted. 3. The main arena sweep shall commence thirty minutes after the main stage entertainment has finished. 4. The bars on site shall be open during the evening of Thursday 8 June 2006 for use by campers only. 5. The policing of the event shall be controlled by Show & Event Security and Firewalker. Joint briefings shall take place throughout the Festival with the organisers, emergency services, event safety officer, security/stewards and police. 6. Tokens that can be exchanged for alcoholic drinks shall be sold at ticket booths in order to prevent large amounts of cash being held in each bar area. 7. All bags will be searched on entry to the arena and campsites. 8. All stewards shall be required to wear ‘high viz’ tabards with their role and employer clearly detailed. 9. The only persons permitted to supply alcohol from backpacks are those employed to promote ‘Strongbow’ cider, no other persons may sell alcohol in this manner on site. No samples shall be given to attendees under the age of 18 years. 10.All concessionaires’ vehicles/trailers shall be checked when entering the site to prevent the unauthorised sale of alcohol. 11.Means of Escape - the Licensee or event organiser shall ensure suitable and sufficient means of escape in case of fire for all people present. 12.Means of escape should be in accordance with the relevant sections of Chapter 3 or the “Event Safety Guide” (HSG195). 13.Firefighting Equipment - the Licensee or event organiser shall provide appropriate portable or hand-held firefighting equipment. 14.Firefighting Equipment - fire involving electrical equipment, firefighting equipment provision and special risks, should be in accordance with the relevant sections of Chapter 3 of the “Event Safety Guide” (HSG 195). 15.Means of Giving Warning in Case of Fire the Licensee or event organiser shall provide a fire warning system to provide information to stewards and everyone present, so that all can be safely evacuated before escape routes become impassable through fire, heat or smoke. 16.Means of Giving Warning in Case of Fire - the means for giving warning should be suitable for the particular venue, taking into account its size and layout and the number of people likely to be present and should be in accordance with the relevant sections of Chapter 3 of the “Event Safety Guide” (HSG 195). 17.Fire Safety Advice on Curtains, Drapes and Other Materials - the Licensee or event organiser shall notify the Isle of Wight Fire and Rescue Service in writing of any proposal to use combustible decorative materials, which should be accompanied by full details, including samples of the material proposed to be used. 18.Fire Safety Advice on Curtains, Drapes and Other Materials - curtains and drapes and artificial and dried foliage, should be in accordance with the relevant sections of Chapter 3 of the “Event Safety Guide” (HSG 195). 19.Crowd Management - the Licensee or event organiser shall comply with the relevant sections of Chapter 6 of the “Event Safety Guide” (HSG 195). 20.Transport Management - the Licensee or event organiser shall comply with the relevant sections of Chapter 7 of the “Event Safety Guide” (HSG 195). 21.Structures - the Licensee or event organiser shall comply with the relevant sections of Chapter 8 of the “Event Safety Guide” (HSG 195). 22.Electrical Installations and Lighting – the Licensee or event organiser shall comply with the relevant sections of Chapter 10 of the “Event Safety Guide” (HSG 195). 23.Special Effects, Fireworks and Pyrotechnics – the Licensee or event organiser shall comply with the relevant sections of Chapter 17 of the “Event Safety Guide” (HSG 195). 24.Camping – the Licensee or event organiser shall comply with the relevant sections of Chapter 18 of the “Event Safety Guide” (HSG 195). 25.An operational attendance by the Duty Officer and by a fire appliance or appliances with crews will be required by the Isle of Wight Fire and Rescue Service. 26.An attendance by a Fire Safety Enforcement Officer will be required. Prevention of actionable nuisance 1. The Licensee shall appoint a person responsible for the overall control of all noise being generated from within the boundary of the licensed premises. This person shall be contactable by the Licensed Authority at all times throughout the event. 2. The sound systems of the main stage shall be available for testing by the Licensing Authority at such times agreed between the Licensing Authority and the Licensee. All testing of amplified equipment before the event shall be by prior agreement with the Licensing Authority. 3. Unrestricted access to the sound mixing positions and backstage areas shall be allowed at all times to the Licensing Authority for the purposes of sound level measurement and communication with the mixing engineer(s). Means of communicating between the off-site monitoring points and the engineer(s) must be made available to the Licensing Authority by the organiser. 4. The Licensee shall provide and maintain sound level monitoring equipment* to measure the noise level of the main stage at the mixer position. Noise levels will be set by the Licensing Authority prior to the event which shall not be exceeded throughout the event. 5. The maximum noise level(s) will be set prior to the event by the Licensing Authority who reserves the right to alter the set levels if found necessary to prevent noise nuisance and ensure compliance with licence conditions. The levels set and any alterations will be effective from the time of notification to the mixing engineer(s). 6. The Licensee shall install an electronic sound logging device, to be approved by the Licensing Authority prior to the event. It shall be positioned at the mixing desk and shall log 15 minute dBA Leq values at the mixer position for the full duration of the event. These values shall be stored and kept until permission is granted by the Licensing Authority for their disposal. A hardof the logged values shall be supplied to the Licensing Authority at the close of each day’s entertainment. 7. The Licensee shall effect full control over the public, organisations and traders on the site where there is amplified music being played. On receipt of a request from the Licensing Authority, the Licensee shall arrange for the volume to be reduced or the playing to cease if in the opinion of the Licensing Authority an unreasonable noise disturbance is being or is likely to be caused. 8. All loudspeakers shall be arranged and directed as agreed with the Licensing Authority at the time of commencement of the rigging of the loudspeaker system. 9. The Licensee shall ensure that amplification equipment is not brought onto site unless: a. it is for use as part of the licensed entertainment. b. it is for the use of authorised traders for the sole purpose of providing background music to their own stall. 10. The Licensee shall arrange for confiscation of equipment in the case of traders where, in the opinion of the Licensing Authority, an unreasonable noise disturbance is being or is likely to be caused. 11. Separate persons shall be positioned, one within the mixing tower and one near the stage fold back desk, both provided with a noise cancelling headset, to act as contact points and communicate messages and/or instructions from the Licensing Authority to the desk engineers. The licensee shall agree that in conjunction with the licensing authority music noise levels will be reduced if necessary following information received from the monitoring points. 12. Between 1000 hours and 2400 hours on any weekday or Saturday of the event which are not a public holiday or a bank holiday, and between 1000 hours and 2300 hours on any Sunday, public holiday or bank holiday of the event, during sound checks the noise levels generated from within the Licensed Premises shall not exceed 75 dBA Leq when measured at a distance of one metre from the boundary of any noise-sensitive premises over any 15 minute period. Noise levels in the 63Hz or 125Hz octave frequency bands must not exceed 85dB at a distance of 1 metre from the boundary of the nearest noise sensitive premises. 13. Between 00:00 hours and 01:00 hours, during sound checks the noise levels generated from within the Licensed Premises shall not exceed 60 dBA Leq when measured at a distance of one metre from the boundary of any noise-sensitive premises over any 15 minute period. 14. Between 01:00 hours and 10:00 hours, during sound checks the noise levels generated from within the Licensed Premises shall not exceed 45 dBA Leq when measured at a distance of one metre from the boundary of any noise-sensitive premises over any 15 minute period. *sound level equipment to IEC Type 2 Standard capable of providing a read-out in dB(A) of 60 second to 15 minute dB(A) Leq values, the meters to be provided with an automatic reset facility. However it should be noted that the Licensing Authority will be using Type 1 instruments and in any disputed measurements, the enforcing authority readings shall take precedence. Any other conditions contained within the applicant’s operating schedule relating to a) water supply b) securing sanitary conditions c) public order & safety d) prevention of actionable nuisance shall become conditions enforceable under the Isle of Wight Act 1971 (As Amended).

CHAIRMAN