PAPER A

 

Purpose: For Decision

 

Committee:    LICENSING SUB COMMITTEE

 

Date:               23 AUGUST 2005

 

Title:                APPLICATION FOR THE GRANT OF AN OCCASIONAL PUBLIC ENTERTAINMENT LICENCE FOR ROBIN HILL COUNTRY PARK, DOWNEND ROAD, NEWPORT, AND PERMISSION UNDER THE ISLE OF WIGHT ACT

 

REPORT OF THE HEAD OF CONSUMER PROTECTION

 

 

PURPOSE/REASON

 

1.         To consider an application for the grant of an occasional Public Entertainment Licence, and an application under the Isle of Wight Act, for The Bestival, Robin Hill Country Park, Downend Road, Newport.

 

DETAILS OF THE APPLICATION

 

2.         An application has been received from James King, Licence and Event Manager, Loudsound Events Ltd/Bestival Ltd, 78 Westbourne Park Villas, London for the grant of an occasional Public Entertainment Licence, and an application under the Isle of Wight Act, in respect of Robin Hill Country Park, Downend Road, Newport, a copy of which is attached (Appendix 1).  The Isle of Wight Act application will be accepted in the event that a Public Entertainment Licence is granted.

 

3.         Times requested by the applicant are set out below:

 

Friday 9 September 2005: 1100 hours – 0200 hours the following morning

Saturday 10 September 2005: 1100 hours – 0200 hours the following morning

Sunday 11 September 2005: 1100 hours – 2400 hours

 

4          The Isle of Wight Magistrates’ Court had not received an occasional Liquor Licence application at the time of writing this report.

 

LOCATION AND SITE CHARACTERISTICS

 

5.         The site is within the confines of Robin Hill Country Park, Downend Road, Newport. (Appendix 2)

 

RELEVANT HISTORY

 

6.         This event was held for the first time last year.  Ten noise complaints were recorded in respect of the event.

 

COUNCIL POLICY

 

7.                  The Licensing Sub Committee determines all Public Entertainment application when officers deem it to be inappropriate to use their delegated authority.

 

8.         Copies of the objections/comments have been sent to the applicant who has been requested to attend the meeting to answer any questions Members may have.

 

FORMAL CONSULTATION

 

9.         The Hampshire Constabulary has been advised of the applications, and has commented on the event and problems encountered in 2004.  A copy of their comments is attached (Appendix 3)

 

10.       The Isle of Wight Fire and Rescue has been advised of the application for a Public Entertainment Licence, and confirmed that there is no objection to the grant of the Licence subject to the implementation of those sections applicable in the Isle of Wight Fire and Rescue Services PEL/4 (Appendix 4).

 

11.       The Council’s Environmental Protection Section has been advised of the application for a Public Entertainment Licence, and have confirmed that there is no objection to this application.

 

12.       The Council’s Building Control Department has been advised of the application for a Public Entertainment LIcence, however, no comments have been received at the time of writing this report.  Officers will check the stage construction prior to any Licence being granted

 

13.             The local Councillor has been advised of the application for a Public Entertainment Licence, however, no comments had been received at the time of writing this report.

 

14.             Southern Water has been consulted under the Isle of Wight Act and has commented on the water supply to the area.  A copy of their comments are attached (Appendix 5).

 

15.             The Environment Agency has been consulted under the Isle of Wight Act and has commented on the disposal of sewage effluent from last year’s event.  A copy of their comments are attached (Appendix 6).

 

16.             The Environmental Health Department has been consulted under the Isle of Wight Act and has confirmed that conditions regarding the storage of food be incorporated in the Isle of Wight Act Notice.  (Appendix 7)

 

17.             The Safer Communities Partnership has been consulted under the Isle of Wight Act and have confirmed that they have no amendments to the Notice.

18.             The Ambulance Service, Fire and Rescue Service, Health and Safety and Engineering Services (Highways) have also been consulted under the Isle of Wight Act, however, no written comments had been received at the time of writing this report.

 

THIRD PARTY REPRESENTATIONS

 

19.       The application has been advertised in the Isle of Wight County Press and one letter of objection has been received, a copy of which is attached (Appendix 8).

 

20.       The objector has been informed of the time, date and location of the meeting should that person wish to attend.

 

FINANCIAL IMPLICATIONS

 

21.       Broadly, Council expenditure on licensing matters, and in particular those that are administered and enforced through Consumer Protection, balances income received from licence fees.

 

LEGAL IMPLICATIONS

 

22.       Legislation governing Public Entertainment Licensing is set out below:

 

            Local Government (Miscellaneous Provisions) Act 1982

 

Schedule 1 – Licensing of public entertainments

 

a)         Paragraphs 1 (1)(2)(3): An entertainments licence is required for any public dancing or music or any other public entertainment of a like kind, unless it is music performed in a place of religious worship or as an incident of a religious meeting or service.

 

b)         Paragraph 1 (4):  The appropriate authority may grant to any applicant, and from time to time renew, a licence for the use of any place specified in it on such terms and conditions and subject to such restrictions as may be so specified.

 

c)         Paragraph 6 (3):  An applicant for the grant, renewal or transfer of an entertainments licence shall furnish such particulars and give such other notices as the appropriate authority may by regulation prescribe.

 

There is no express provision in the Act for the making of objections by other third parties.  It will commonly be found, however, that local authorities have used the power given to them by this paragraph to require applicants to give public notice of their applications.

 

This Council therefore advertised applications in the Official Notices section of the local paper inviting comments from local residents who may consider that they would be unreasonably affected.  In addition, the Council’s Environmental Protection Section is consulted to assess the structural acoustic suitability of the premises having regard to any noise sensitive accommodation in the nearby vicinity that may be affected by the provision of the entertainment, and the local Councillor and Town or Parish Council are consulted.

 

d)         Paragraph 6 (4):  In considering any application for the grant, renewal or transfer of an entertainments licence, the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and by the fire authority.

 

The police and fire authority must be given notice of an application (sub-paragraphs (1) and (2)) and the local authority is required to have regard to any observations submitted by them.

 

23.       Members are aware that local opposition or support (in whatever form) for a proposal is not in itself grounds for refusing or granting a licensing permission, unless that opposition or support is based upon valid reasons and concerns which can be sustained.

 

24.       Each application should be considered individually so as to comply with the rules of natural justice.

 

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

 

25.       Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

 

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT 1998

 

26.       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.

 

(c)               Article 1 of the First Protocol Protection of Property –

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”.

 

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

 

27.       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.

 

28.       Article 8 is particularly relevant in this case because in considering whether to grant a Public Entertainment Licence, the Committee will have to balance the rights of residents against the applicant’s right to run his business.

 

OPTIONS

 

29.       To grant the application for a Public Entertainment Licence for the hours requested by the applicant.

 

30.       To vary the hours requested by the applicant having regard to the objections and other relevant information.

 

31.       To issue the Public Entertainment Licence subject to the Council’s standard terms and conditions along with any additional conditions the Licensing Sub-Committee believe to be reasonable, which could include those recommended by the Council’s Environmental Protection and Licensing Sections.

 

32.       To grant a Public Entertainment Licence for a lesser period.

 

33.       To refuse the application for a Public Entertainment Licence.

 

EVALUATIONS/RISK MANAGEMENT

 

34.       Officers have evaluated the application and have taken into account the following:

 

35.       To minimise the risk of poor water pressure to nearby residents, and environmental damage that:

 

(a)       a written undertaking be given by the applicant that water tankers will be contracted for daily deliveries to the sight to meet requirements, and

(b)       a copy of the written contract in relation to the disposal of all waste with Southern Water will be given to the Licensing Section prior to the Public Entertainment Licence being granted.

 

36.       That in the absence of objections from the Police, Fire Safety, Environmental Health, Building Control and Local Councillor, grant is appropriate.

 

 

RECOMMENDATIONS

 

37      To grant a Public Entertainment Licence to James King, Licence and Event Manager, Loudsound Events Ltd/Bestival Ltd, 78 Westbourne Park Villas, London subject to the Council’s Standard terms and conditions for outdoor Public Entertainment and the Isle of Wight Act and subject to:

 

(a)   a written undertaking to be given by the applicant that water tankers will be contracted for daily deliveries for the sight to meet requirements, and

 

      (b) a copy of the contract in relation to the disposal of all waste with                                                             Southern Water to be given to the Licensing Section prior to the Public Entertainment Licence being granted.

 

 

APPENDICIES ATTACHED

 

38.       Appendix 1    Application for Public Entertainment Licence, Isle of Wight Act

Appendix 2    Plan

Appendix 3   Constabulary’s comments

Appendix 4    Isle of Wight Fire and Rescue comments

Appendix 5    Southern Water comments

Appendix 6    Environment Agency comments

Appendix 7    Environmental Health comments

Appendix 8    Objection

 

BACKGROUND PAPERS

 

39.       As attached.

 

ADDITIONAL INFORMATION

 

40.       The licensee has many varied responsibilities:

 

            Licence conditions must be observed.

            Co-operation with statutory authorities is fundamental.

            Awareness of drug related issues is essential.

            Understanding the social responsibilities attached to running a licensed premise is vital.

 

Contact Point: John Murphy, 823152

 

 

ROB OWEN                                      

Head of Consumer Protection