Paper B

1. SUMMARY/PURPOSE

For the Licensing Sub-Committee to determine an application for a premises licence made under section 17 of the Licensing Act 2003.

2. BACKGROUND

a) Any person aged 18 years or over who intends to use premises for one or more of the following licensable activities may apply for a premises licence that authorises:

o The sale by retail of alcohol

o the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club

o the provision of regulated entertainment and

o the provision of late night refreshment

b) Where the licensing authority receives an application for a premises licence that complies with the requirements of the Licensing Act 2003, it must grant the licence unless relevant representations are made to the authority by responsible authorities or interested parties.

c) If relevant representations are received, the local authority must hold a hearing to consider them unless each person who has made such representations agrees that a hearing is unnecessary.

d) This hearing has been arranged following the receipt of representations and is deemed necessary to determine the licence in accordance with Section 18 of the Licensing Act 2003 and The Licensing Act 2003 (Hearings) Regulations 2005.

3. DETAILS OF THE APPLICATION

Applicant

Solo Promoters Ltd

Premises

Seaclose Park, Medina High School & North Fairlee Farm

Application

This is an application for a Premises Licence under section 17 of the Licensing Act 2003.

The Operating Schedule shows:

Designated Premises Supervisor		Mr Mark Hatch
	Provision of Regulated Entertainment		Hours of Licensable Activities

(a)	Plays		N/A
(b)	Films		Thursday 7 June 2007 18:00 hours – midnight Friday 8 June 2007 17:00 hours – 02:00 hours Saturday 9 June 2007 11:00 hours – 02:00 hours Sunday 10 June 2007 11:00 hours – 01:00 hours
(c)	Indoor Sporting Events		N/A
(d)	Boxing or Wrestling		N/A
(e)	Live Music		Friday 8 June 2007 17:00 hours – midnight Saturday 9 June 2007 11:00 hours – midnight Sunday 10 June 2007 11:00 hours – 23:10 hours
(f)	Recorded music		Thursday 7 June 2007 18:00 hours – midnight Friday 8 June 2007 17:00 hours – 02:00 hours Saturday 9 June 2007 11:00 hours – 02:00 hours Sunday 10 June 2007 11:00 hours – 01:00 hours
(g)	Performances of Dance		Friday 8 June 2007 17:00 hours – midnight Saturday 9 June 2007 11:00 hours – midnight Sunday 10 June 2007 11:00 hours – 23:10 hours
(h)	Anything similar to (e) (f) (g) above		N/A

	Provision of Entertainment Facilities

(i)	making music		N/A
(j)	dancing		Thursday 7 June 2007 18:00 hours – midnight Friday 8 June 2007 17:00 hours – 02:00 hours Saturday 9 June 2007 11:00 – 02:00 hours Sunday 10 June 2007 11:00 hours – 01:00 hours
(k)	entertainment similar to (i) & (j) above		N/A

	Late Night Refreshment		Thursday 7 June 2007 23:00 hours – 05:00 hours Friday 8 June 2007 23:00 hours – 05:00 hours Saturday 9 June 2007 23:00 hours – 05:00 hours Sunday 10 June 2007 23:00 hours – 05:00 hours

	Supply of Alcohol Within the Arena Supply of Alcohol Within the School Fields		Friday 8 June 2007 17:00 hours – 00:30 hours Saturday 9 June 2007 11:00 hours – 00:30 hours Sunday 10 June 2007 11:00 hours – 23:40 hours Thursday 7 June 2007 18:00 hours – midnight Friday 8 June 2007 17:00 hours – 02:00 hours Saturday 9 June 2007 11:00 hours – 02:00 hours Sunday 10 June 2007 11:00 hours – 01:00 hours

	Supply of Alcohol Within the Campsite		Thursday 7 June 2007 12:00 hours – 02:00 hours Friday 8 June 2007 11:00 hours – 02:00 hours Saturday 9 June 2007 11:00 hours – 02:00 hours Sunday 10 June 2007 11:00 hours – 02:00 hours
	Other Times Premises Proposed to be Open To The Public – Arena Other Times Premises Proposed to be Open To The Public – Campsite Other Times Premises Proposed to be Open To The Public – School Fields		Friday 8 June 2007 17:00 hours – 02:00 hours Saturday 9 June 2007 11:00 hours – 02:00 hours Sunday 10 June 2007 11:00 hours – 01:00 hours The campsite will be open 24 hours a day from 12 noon on Thursday 7 June 2007 until 12 noon on Monday 11 June 2007. It is proposed that the two school fields will be open for campers only on Thursday 7 June 2007 from 18:00 hours until midnight. Friday 8 June 2007 17:00 hours – 02:00 hours Saturday 9 June 2007 11:00 hours – 02:00 hours Sunday 10 June 2007 11:00 hours – 01:00 hours

Steps to promote the licensing objectives

The Prevention of Crime & Disorder

· Please refer to Section 3 of the applicant’s Operating Schedule and the Alcohol Management Plan to be found at Appendix B of the Operating Schedule.

Public Safety

· Please refer to Section 4 of the applicant’s Operating Schedule.

The Prevention of Public Nuisance

· Please refer to Section 5 of the applicant’s Operating Schedule.

The Protection of Children From Harm

· Please refer to Section 6 of the applicant’s Operating Schedule.

4. LOCATION AND SITE CHARACTERISTICS

Seaclose Park is a recreational area with council offices a hotel and a public house on site. It is in close proximity to residential properties, a private hospital, the Earl Mountbatten Hospice, Medina High School, Medina Theatre and Medina Leisure Centre. The site is bounded by a cemetery, the river Medina, Medina High School and the A3054 the main Newport to Ryde road.

5. RELEVANT REPRESENTATIONS

Responsible Authorities

Police	No outstanding representations

Environmental Health Officer	No outstanding representations

Fire Safety Officer	No outstanding representations

Planning Officer	No outstanding representations

Trading Standards Officer	No outstanding representations

Health & Safety	No outstanding representations

Children’s Services	No outstanding representations
Interested Parties
Mr & Mrs R Edmunds	Concerns have been raised with regard to the potential for noise nuisance. Concerns have also been raised with regard to the potential for nuisance to residents of Fairlee Road affected by the one way traffic flow along Fairlee Road, prior to and during the event. Mr and Mrs Edmunds request that permits be issued to residents allowing them to access their properties in a northerly direction along Fairlee Road.
Mr L Allan	Mr Allan is concerned at the potential for nuisance to be caused to residents of Fairlee Road and suggests that the sale of alcohol, all music and late night refreshment should cease at 23:00 hours.
Mr & Mrs J Whiteman	Concerns have been raised in respect of the potential for public nuisance. Mr & Mrs Whiteman suggest that all licensable activities should cease at midnight each day and that the exhibition of films should not be permitted. Concerns have also been raised with regard to the potential for nuisance and the potential for damage to be caused to residents properties if the car parking area is extended towards East Cowes Road.
N Heard	Concerns have been raised in respect of the potential for public nuisance to be caused to residents from traffic delays. Public safety issues have also been raised regarding access to the proposed extension of the campsite and car parking from East Cowes Road.
Ms J Goodredge	Concerns have been raised in respect of the potential for public nuisance regarding traffic delays resulting from the proposed access point to the extended car park.
Mr R Goodredge	Concerns have been raised in respect of the potential for crime and disorder regarding the security of properties along East Cowes Road and also the potential for public nuisance caused by traffic congestion resulting from the proposed extension to the car park. Mr Goodredge suggests that a 3.5 metre fence should be erected to the rear of the properties along East Cowes Road 3 days before the event, if the application is approved.
Mrs C Saunders	Concerns have been raised with regard to the potential for public nuisance and anti-social behaviour if the campsite and parking area is to be extended towards East Cowes Road. Mrs Saunders is also concerned at the potential for public nuisance as a result of traffic congestion along East Cowes Road and the surrounding area.
	Public safety issues have also been raised regarding access to the car park/campsite from East Cowes Road as visibility at the junction of East Cowes Road with the main road (A3021) is limited. Mrs Saunders is also concerned that congestion in this area may impede the emergency services if they have to attend any of the elderly residents in the area.
Mr A Saunders	Concerns have been raised with regard to the revised parking arrangements along East Cowes Road and traffic congestion on the Whippingham and East Cowes Road. Concerns have also been raised in respect of the potential for anti-social behaviour and the security of properties along East Cowes Road. Mr Saunders also raises concerns that the emergency services may not be able to gain access to East Cowes Road if the road becomes blocked with parked cars.
Mr T Saunders – Chairman of the East Cowes Residents Association	Mr Saunders has written on behalf of a number of residents of East Cowes Road and states that residents do not wish to stop the festival but do think that the size should be contained so that it is manageable for security and the emergency services. Concerns have been raised in respect of the potential for public nuisance from traffic congestion due to large numbers of vehicles parking in East Cowes Road and the potential risk to elderly residents if emergency services are unable to respond quickly. Residents believe that vehicles should not be permitted to gain access to the parking and camping areas from East Cowes Road and that the one way system along Fairlee Road should continue.
	Further concerns in respect of public nuisance and the potential for crime and disorder have been raised with regard to the proposed camping/car park area to the rear of properties in East Cowes Road. Residents are concerned at the lack of facilities and the lack of security and would like to see similar security measures taken here as to those afforded to the residents living off Staplers.
Ms J Biggs – Clerk to Whippingham Village Management Committee	Ms Biggs has written to express the committee’s concerns in respect of potential nuisance that may be caused to residents, as a result of the proposed car parking to the rear of the houses along East Cowes Road. Concerns have also been raised that the proposed entrance to the car park at the junction of Whippingham Road and East Cowes Road may cause severe traffic congestion.
Mrs M Peters	Mrs Peters states that she is not against the festival. She has however raised concerns with regard to the potential for public nuisance resulting from the proposed entrance and exit points to parking facilities in East Cowes Road. In the interests of the prevention of crime and disorder, Mrs Peters would like a barrier to be erected between the parking area and the rear of the properties in East Cowes Road.
Mr D Peters	Mr Peters has raised similar concerns to Mrs Peters in respect of the potential for public nuisance from the proposed entrance and exit point to car parking facilities in East Cowes Road. Concerns have also been raised at the lack of security, Mr Peters would like some form of security provided in order to protect properties.
A Green	This person states that they are not against the festival, however concerns have been raised in respect of public nuisance and public safety due to the proposed entrance and exit points to car parking facilities in East Cowes Road. Mr/Ms Green states that East Cowes Road is narrow with poor visibility and the risk of accidents and traffic congestion is increased if this access point is to be used. Concerns have also been raised regarding the lack of toilet and rubbish facilities and security fencing in the field behind the properties in East Cowes Road.
Mrs M Green	Mrs Green is not against the festival, she is however concerned at the potential for public nuisance and anti-social behaviour if large numbers of people are permitted to park and camp in the area immediately behind the properties in East Cowes Road with no toilet or rubbish facilities, or security fencing. Mrs Green also raised issues regarding traffic congestion and parking in East Cowes Road and also raises public safety concerns in respect of the location of the proposed entrance to the parking area.
J Hawkins & W Hawkins	Concerns have been raised over the proposed parking facilities and potential public nuisance that may be caused to local residents as a result of this application.
Mr & Mrs N Brook	Concerns have been raised in respect of the potential for public nuisance resulting from traffic congestion and noise if East Cowes Road is used as the entry point for car parking facilities and also if cars are permitted to park in East Cowes Road. Concerns have also been raised with regard to the potential for crime and disorder if adequate security fencing is not provided to protect the properties in East Cowes Road.
Mr W Allcock	Mr Allcock has raised concerns in respect of the potential for public nuisance caused by traffic congestion resulting from the location of the proposed car parking area. Public safety concerns have also been raised once more in respect of this stretch of road and also with regard to any required response by the emergency services, if the area does become congested. Also concerns have been raised regarding the potential for anti-social behaviour if camping is to be permitted in the car parking area due to lack of toilet facilities.
Mrs Heard	Concerns have been raised in relation to the potential for public nuisance due to taxis using the East Cowes Road as a drop off point and also from residents experiencing delays when travelling to and from their homes. Also issues have been raised due to the location of the proposed entrance to the car park sited just off a main road. Mrs Heard also raises concerns over emergency response times should the area become congested.
C R & K E Westlotorn	Concerns have been raised regarding the potential for nuisance due to proposed car parking and access arrangements via a gateway immediately adjacent to Mr & Mrs Westlotorn’s land. The land is currently used for equestrian purposes and assurances are being sought that reasonable precautions will be taken to ensure the safety and security of their property and livestock.
Resident of East Cowes Road	This person states that they have no objection to the festival or the proposed car parking facilities. However, concerns have been raised in respect of the potential for public nuisance resulting from traffic congestion and car parking along East Cowes Road.
	Concerns have also been raised with regard to crime and disorder concerning the security of the properties along East Cowes Road. Additional security measures are requested.
B Taylor – Whippingham Community Association Management Committee	Residents do not object to the festival but have expressed concerns over the events expansion. Specific concerns have been raised in respect of the potential for public nuisance and anti-social behaviour, particularly resulting from parking arrangements in and around East Cowes Road. Concerns have also been raised in relation to public safety with regard to the proposed access point to the car parking facilities being sited just off a busy road where visibility can be limited. Residents state that if an accident were to occur at this junction there would be a serious and immediate impact on traffic flow.
R Howell	Concerns have been raised with regard to the potential for crime and disorder in relation to inadequate security fencing to the rear of the properties in East Cowes Road. Public nuisance issues have also been raised with regard to car parking in East Cowes Road and traffic congestion along Whippingham Road which may restrict access to properties and may also restrict access for emergency vehicles. Public safety issues have been raised in respect of the proposed access point to the car parking.
Mr & Mrs N Holland	Mr & Mrs Holland have raised concerns with regard to the potential for noise nuisance and anti-social behaviour if persons are permitted to camp in cars and campervans in the area immediately behind the houses in East Cowes Road. Concerns have also been raised with regard to the lack of facilities in this area.
	Public nuisance issues have been raised regarding the high volume of car parking in East Cowes Road which may prevent emergency vehicle access. Security fencing/security personnel and 24 hours policing have been requested.
Mr D Ellison	Mr Ellison raises concerns in respect of public safety and the potential for public nuisance with regard to the proposed access point to car parking facilities in East Cowes Road. Mr Ellison states that the junction at East Cowes Road is dangerous and accidents are frequent. He also states that the field is unsuitable for car parking purposes as it is often waterlogged and he is concerned at the amount of mud that may be brought off the field onto the roads from cars leaving the site.
Newport Town Management Committee	The Committee recommend that in the interests of public safety, the number of persons attending the festival should be limited to 39,999.
Mrs M Styles & Mr & Mrs Mapp Residents of The Lawns	Concerns have been raised with regard to the potential for noise nuisance from the event. Mrs Styles states that all music should cease once the music in the main arena ends. Concerns have also been raised in respect of the potential for crime and disorder and the security of properties in the area.
Mrs & Mrs M Carter	In respect of the proposed car parking area to the rear of the properties in East Cowes Road, Mr & Mrs Carter have raised concerns regarding the security of properties in this area and request a high security fence in order to stop festival attendees using their land as a short cut to the event.

6. LOCAL POLICY CONSIDERATIONS

It is considered that the following policies from the Council’s Licensing Authority’s Statement of Licensing Policy, 2004 to 2007 have a bearing upon the application.

Members’ attention in respect of this particular application is drawn to:

Clause 1	Licensing Objectives	All
Clause 2	Introduction	2.1, 2.2, 2.3
Clause 3	Integration of Strategies and Other Legislation	3.1, 3.2, 3.4, 3.5, 3.9, 3.10, 3.11
Clause 4	Approach to Licensing Applications	4.1, 4.2, 4.3, 4.5, 4.6
Clause 5	Cumulative Effect	N/A
Clause 6	Representation, Reviews and Appeals	6.1, 6.6, 6.7, 6.8
Clause 7	Enforcement	7.4
Clause 8	Operating Schedules	All

7. NATIONAL GUIDANCE

National guidance regarding control of areas outside the premises is as follows:

3.11 The conditions attached to various authorisations will be focused on matters which are within the control of individual licensees and others in possession of relevant authorisations. Accordingly, these matters will centre on the premises being used for licensable activities and the vicinity of those premises. Whether or not incidents can be regarded as being “in the vicinity” of licensed premises is a question of fact and will depend on the particular circumstances of the case.

In addressing this matter, the licensing authority will primarily focus on the direct impact of the activities taking place at the licensed premises on members of public living, working or engaged in normal activity in the area concerned.

Licensing law is not the primary mechanism for the general control of nuisance and antisocial behaviour by individuals once they are away from the licensed premises and, therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. Nonetheless, it is a key aspect of such control and licensing law will always be part of a holistic approach to the management of the evening and night-time economy in town and city centres.

National guidance regarding licensing hours is as follows:

3.29 With regard to licensing hours consideration, which will be given to the individual merits of an application. The Government strongly recommends that Licensing Authorities should recognise that longer licensing hours with regard to the sale of alcohol are important to ensure that the concentrations of customers leaving premises simultaneously are avoided. This is necessary to reduce the friction at late night fast food outlets, taxi ranks and other sources of transport, which lead to disorder and disturbance. The Government also wants to ensure that licensing hours should not inhibit the development of thriving and safe evening and night-time local economies which are important for investment and employment locally and attractive to domestic and international tourists without compromising the ability to resource local services associated with the night-time economy. Providing consumers with greater choice and flexibility is an important consideration.

National guidance regarding non-duplication of other regimes is as follows:

3.51 Planning, building control and licensing regimes will be properly separated, to avoid duplication and inefficiency. Applications for premises licences for permanent commercial premises should normally be from businesses with planning consent for the property concerned. Licensing applications should not be a re-run of the planning application and should not cut across decisions taken by the local authority planning committee or following appeals against decisions taken by that committee. Similarly, the granting by the licensing committee of any variation of a licence which involves a material alteration to a building would not relieve the applicant of the need to apply for planning permission or building control where appropriate.

3.53 There should be a firm commitment to avoid duplication with other regulatory regimes so far as possible. Conditions in respect of public safety should only be attached to premises licences and club premises certificates that are “necessary” for the promotion of that licensing objective and if already provided for in other legislations, they cannot be considered necessary in the context of licensing law. Such regulations will not however always cover the unique circumstances that arise in connection with licensable activities, particularly regulated entertainment, at specific premises and tailored conditions may be necessary.

8. IMPLICATIONS UNDER THE HUMAN RIGHTS ACT 1998

Members are advised that this application must be considered against the background of the implications of the Human Rights Act 1998.

There are three convention rights, which need to be considered in this context:

(a) Article 6 Right to a Fair Trial –

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

It has been held that the fact that there is a right of appeal to the Magistrates’ Court from any decision of the Licensing Authority is sufficient to make the Council’s licensing system compliant with the convention rights.

(b) Article 8 Right to Respect for Private and Family Life –

Everyone has the right to respect for his private and family life, his home and his correspondence. In the case of article 8 there shall be no interference by a public authority with the exercise of this right except as such in accordance with the law and is necessary on a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder and crime, for the protection of health or morals or for the protection of the rights and freedoms of others.

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. In the case of Article 1 of the first protocol it states that “no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and the general principles of international law. The preceding provisions (of which articles 6 and 8 are but two) shall not however in any way impair the right of the state to enforce such laws as it deems necessary to control the use of the property in accordance with general interest or to secure the payment of taxes or other contributions or penalties”.

Article 8 is relevant in this case, as the Sub-Committee must balance the rights of the applicant to run their business in the way they wish, with the rights of the neighbours not to be unreasonably disturbed.

A licence is viewed as a possession thus making Article 1 relevant in this case.

The Licensing Authority acknowledges the right of business in its area to operate, but equally acknowledges the fact that this must be balanced against the rights of residents not to be disturbed by unreasonable noise and nuisance caused by licensed premises. The Licensing Authority needs to be clear as to the rights granted and the need to ensure that the reasons given for any interference are proportionate and in accordance with the Council’s legitimate aim.

ARTICLE 6 is particularly relevant in this case as it has been held that the fact there is a right of appeal to the magistrates’ court from any decision of the Licensing Sub Committee is sufficient to make the Council’s licensing system compliant with the convention rights.

ARTICLE 8 is particularly relevant in this case because in considering whether to grant the Premises Licence, the Licensing Sub Committee will have to balance the rights of residents against the applicant’s right to run their business.

9. OBSERVATIONS

The Licensing Sub Committee is obliged to determine this application with a view to promoting the licensing objectives, which are:

· The prevention of crime and disorder

· Public safety

· The prevention of public nuisance

· The protection of children from harm

In making its decision, the Licensing Sub Committee is also obliged to have regard to national guidance and the Council’s own Licensing Policy.

Of course, the Licensing Sub Committee must also have regard to all of the representations made and the evidence it hears.

The Licensing Sub Committee must take such of the following steps as it considers necessary for the promotion of the licensing objectives:

i. Grant the application as asked.

ii. Modify the conditions of the licence by altering or omitting or adding to them.

iii. Reject the whole or part of the application.

The Licensing Sub Committee is asked to note that it may not modify the conditions or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be necessary in order to promote the licensing objectives.

As to the objections raised:

The Prevention of Crime & Disorder

Residents of East Cowes Road are particularly concerned about the security of their properties if car parking facilities are to be extended. Concerns have also been raised with regard to possible anti-social behaviour if festival attendees are permitted to sleep in their vehicles in this area due to the lack of toilet and rubbish facilities.

Prevention of Public Nuisance

Residents are concerned at the potential for noise nuisance from the event. Concerns have also been raised in respect of public nuisance particularly with regard to the proposed entrance to car parking facilities in East Cowes Road from traffic congestion. Residents are also concerned at the potential for nuisance if parking is permitted along East Cowes Road.

Public Safety

Residents are very concerned at the proposal to site the entry to the car park in East Cowes Road. Many residents state that it is very dangerous to expect high volumes of traffic to turn off the A3021 Whippingham Road into a narrow cul-de-sac and that visibility at the junction is limited.

Protection of Children From Harm

No issues have been raised in respect of this licensing objective.

The Head of Consumer Protection’s opinion is that all matters can be dealt with by conditions and do not amount to sufficient grounds to refuse the variation outright.

Nonetheless it is a matter for the Licensing Sub Committee to determine in the light of the above matters and any other matters it considers material.

8. APPENDICES ATTACHED

1. Application form

2. Site plan

3. Operating Schedule

4. Alcohol Management Plan

5. Copies of all representations received

6. Copies of all letters of support received

9. BACKGROUND PAPERS

1. Minutes of Licensing Sub Committee 13 April 2006

2. Isle of Wight Act Notice

3. Isle of Wight Act Notice of Appeal

10. ADDITIONAL INFORMATION

Seaclose Park has been host to the IW Festival for the past five years. In 2006 a premises licence was granted under the Licensing Act 2003 which authorised licensable activities over a four day period for 59,999 people. The applicant has not sought to change the application for the proposed 2007 event. The timings, activities and capacity limits requested therefore remain as per last year.

The application has been advertised in accordance with the requirements of the Licensing Act 2003.

Throughout the consultation period 27 representations were received from interested parties. 6 letters have also been received in support of the event, including a letter from the IW Economic Partnership and Platform One (a young persons development agency).

There are no outstanding representations from any of the responsible authorities in respect of this premises licence application. All conditions that have been agreed have been incorporated into the applicant’s Operating Schedule attached at Appendix 3.

The Isle of Wight Act legislates for gatherings in the open air for numbers exceeding 4,999 persons. The Isle of Wight Act notice is not to be confused with this application for a premises licence although the Isle of Wight Act notice does impose conditions on the applicant in respect of this event. The notice is however subject to appeal at the Crown Court. At the present time the appeal hearing has not yet been listed. In the event that the festival takes place before the determination of the appeal, the organiser would be required to comply with the conditions of the Isle of Wight Act notice in full.

Contact Point: Andrea Colebrook, Licensing Officer Ext 5154

ROB OWEN

Head of Consumer Protection