Paper B3

7. The site is bounded by a cemetery, the River Medina, a High School and the main Newport to Ryde Road.

8. A detailed site plan will be available on Tuesday 18 January 2005.

RELEVANT HISTORY

9. Occasional Public Entertainment Licences have been issued for the past three years for Seaclose Park in respect of the Isle of Wight Music Festival. In 2004 a licence was granted for three days for the hours Friday 1700 hours – 2300 hours; Saturday 1200 hours – 2400 hours; Sunday 1200 hours – 2300 hours.

COUNCIL POLICY

10. All Public Entertainment applications where letters of comment are received are placed before the Licensing Panel for consideration.

11. 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

12. The Hampshire Constabulary have been advised of the application. Once a provisional licence has been granted, the Isle of Wight Public Events Safety Committee, including all police departments, will meet with the applicants on a regular basis.

The three-day event with an anticipated 40,000 persons attending per day will have a major impact on police resources and the only objection would be if the organisers were not able to accept the need for the additional resources.

13. The Isle of Wight Fire and Rescue have been advised of the application and have confirmed that they will raise no objection to the grant of a licence subject to compliance with Appendix PEL/4 ‘Special provisions for Temporary Structures and Places of Entertainment Which are Under Cover in Otherwise Open Air Situations’, full compliance with the Event Safety Guide (Health and Safety Executive) HSG 195, the Fire Department being informed of all meetings with the applicant and submission of a site plan.

14. The Council’s Environmental Health Department have been advised of the application and have and commented that it is important that close control is kept over sound levels and previous year’s experience has shown that the necessity for control at the mixing desk is paramount. It is very important that such control should be continuous and, to this end, the provision of data logging sound level monitoring equipment at the mixing position for the use of sound engineers to adjust levels is essential. Further comments are attached (Appendix 2).

15. The local Councillor has been advised of the application, and at the time of writing the report, has not commented.

16. The Council’s Building Control Department have been advised of the application and have confirmed that they have no objections to the application, however, details and calculations for the stage structure should be submitted prior to erection.

17. The Crime and Disorder Department has been advised of the application and no comments have been received.

THIRD PARTY REPRESENTATIONS

18. The application has been advertised in the Isle of Wight County Press and two letters of comment have been received, copies of which are attached (Appendix 3). The main comment is regarding the noise and nuisance caused by the previous festivals (see Appendix 4). There are also concerns about litter and safety of property, and parking.

19. The objectors have been informed of the time, date and location of the meeting should they wish to attend.

20. The applicant has responded to the comments and is happy to discuss ways to alleviate the problem of litter, parking/traffic and disturbance.

21. The Ambulance Service have been asked if they wish to make any comments. The Director of Ambulance Operations advised that they have been approached to provide medical cover for the event and have no major concerns at this stage.

FINANCIAL IMPLICATIONS

22. 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

23. 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 Health Department is consulted to assess the potential for unreasonable noise disturbance from entertainment at the premises having regard to any noise sensitive accommodation in the vicinity, 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.

24. 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.

25. Each application should be considered individually so as to comply with the rules of Natural Justice.

IMPLICATIONS UNDER THE CRIME AND DISORDER

26. 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.

27. Specific crime and disorder implications may apply, dependant upon the findings in the Risk Assessment Report.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

28. Members are advised that this application must be considered against a 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 Panel 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”.

d) The Panel needs to be clear as 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 8 is particularly relevant to this matter because by the grant of a Public Entertainment Licence the Panel will have to balance the rights of residents to peaceably enjoy their homes and private and family lives against the applicants right to run their business by holding this particular function.

OPTIONS

29. (a) To grant a provisional licence for the hours requested by the applicant.

(b) Authorise the Council’s Licensing Officer to grant a Public Entertainment Licence prior to the event subject to the Council’s standard outdoor terms and conditions along with any additional conditions the Licensing Panel believe to be reasonable.

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

31. To issue the licence subject to the Council’s standard outdoor terms and conditions along with any additional conditions the Licensing Panel believe to be reasonable.

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

RECOMMENDATIONS

33. Number 29 (a) and (b).

EVALUATIONS/RISK MANAGEMENT

34. It is the applicants’ responsibility to carry out all risk assessments prior to the event.

35. The applicant’s assessment for previous years have been satisfactory.

36. Officers have given careful consideration to the letters of objection and believe they are not matters which can be addressed by the Public Entertainment Licence conditions as they relate to the campsite patron and others using Fairlee Road. Matters of concern of this nature can either be addressed by the Isle of Wight Act by way of campsite conditions and by the better use of stewards and appropriate police action of crime and disorder issues. This assessment is reflected in the recommendation.

APPENDICIES ATTACHED

37. Appendix 1: Application form

Appendix 2: Environmental Protection Section’s comments

Appendix 3: Letters of comment

Appendix 4: Mr Robertson’s letters of comment

BACKGROUND PAPERS

38. As attached.

ADDITIONAL INFORMATION

39. A Council can only refuse to confirm a provisional grant if:

the required work has not been satisfactorily completed.

the licensee is no longer a fit and proper person to hold a licence, eg, there has been a relevant criminal conviction since the provisional grant.

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

PAPER B3