Private
Hospital, Hospice, a High School, theatre, recreational complex and petrol
station.
8. The site is bounded by a cemetery, the
River Medina, a High School and the main Newport to Ryde Road.
9. A site plan is attached. (Appendix 2)
RELEVANT
HISTORY
10. Occasional
Public Entertainment Licence have been issued for the past two years for
Seaclose Park in respect of the Isle of Wight Music Festival. In 2002 a licence was granted for one day
for the hours 1000 hours – 2400 hours.
In 2003 a licence was granted for two days for the hours 1200 hours –
2330 hours.
COUNCIL
POLICY
11. All
Public Entertainment applications where letters of comment are received are
placed before the Licensing Panel for consideration.
12. 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
13. The Hampshire
Constabulary have been advised of the application. A copy of the comments sent to Wight Leisure from Traffic
Management section of the Hampshire Constabulary states that whilst a three day
festival will have additional impact on traffic management, there is no reason
to suspect it will cause additional problems, provided that a suitable Traffic
Management Plan is prepared and the established levels of co-operation are
maintained between the relevant parties.
A copy of the full letter is attached (Appendix
3).
The Operations
Inspector for the Isle of Wight has also commented on the application and has
stated that she would have no objection to the event itself providing that the
Police are fully incorporated in the planning and staffing of the event and
that all costs incurred for additional resources are fully met by the
organisers. 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 recources. A full copy of the comments is attached (Appendix
4).
14. 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.
A copy of their comments is attached (Appendix
5) Also attached is a copy of a
letter sent to Wight Leisure stating that they have no objections to the
festival running for three days subject to all conditions of the Isle of Wight
Council being fully implemented (Appendix 6).
15. The Council’s Environmental Health
Department have been advised of the application and have commented that it is
important that, with the extension to 3 days this year, 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 sound level monitoring equipment at the mixing position
for the use of sound engineers to adjust levels is essential.
16. The local Councillor has been advised of
the application and has objected to a three-day licence. Councillor Mellor advises that he has been
contacted by many residents over the past two years expressing their concern on
a variety of issued including noise, mass of traffic, parking and litter left
in gardens. A copy of Councillor Mellor’s comments is attached (Appendix 7).
The results of the survey carried out by Councillor Mellor are:
Has the festival caused you a specific problem over the last
two years? Yes 33 No 64
Would you be in favour of attempts to extend the 2004
festival to a three-day event? Yes
27 No 70
17. 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. A copy of their comments is attached (Appendix
8).
THIRD PARTY REPRESENTATIONS
18. The application
has been advertised in the Isle of Wight County Press and five letters of
objection have been received, copies of which are attached (Appendix 9).
The main objection is on the grounds of the noise caused by the previous
festivals, but 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 objections and has reviewed the approach to the event’s
sound systems, and is happy to discuss ways to alleviate the problem of litter
and parking/traffic. A copy of the
applicant’s full response and documents from Symonds and Canegreen on the sound
systems are attached (Appendix 10).
21. The Isle of
Wight Festival Co-ordinator was requested by the promoter to discuss possible
implications of the festival running to a third evening with organisastions who
may be affected by the change from the 2003 festival arrangements. A copy of Neil Roberts memo enclosing
letters from organisations stating that they have no objections to the festival
running for three days is attached (Appendix 11).
A letter of
support has also been received in response to an article in the County Press on
2 January 2004, and a letter of support has been received from the Isle of
Wight Chamber of Commerce (Appendix 12).
22. The Crime and
Disorder Unit have been asked if they wish to make comments and these are set
out at paragraph 29.
23. 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
24. 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
25. 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.
26. 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.
27. Each
application should be considered individually so as to comply with the rules of
Natural Justice.
IMPLICATIONS
UNDER THE CRIME AND DISORDER
28. 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.
29. Specific
crime and disorder implications may apply, dependant upon the findings in the
Risk Assessment Report.
IMPLICATIONS
UNDER THE HUMAN RIGHTS ACT
30. 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
31. (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.
32. To vary the
days and hours requested by the applicant having regard to the objections and
other relevant information.
33. 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.
34. To refuse the
application for a Public Entertainment Licence.
EVALUATIONS/RISK
MANAGEMENT
35. It
is the applicants’ responsibility to carry out all risk assessments prior to
the event.
36. The applicant’s assessment for previous
years have been satisfactory.
37. The Security Industry Authority (SIA) will be taking over the licensing
of Door Supervisors in Hampshire and Isle of Wight as from 1st March
2004. After 4th June 2004, only SIA licences will be recognised in
that area. It is believed that not only door supervisors but certain security
personnel who are employed to work at the festival will need to hold an SIA
licence. The Operations Manager of the mainland security company used by the
promoter has agreed that subject to training being available in his area, all
his security staff who are required to be licenced will receive the SIA licence
prior to the festival.
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RECOMMENDATIONS
38. Members are asked to determine the
application.
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APPENDICIES
ATTACHED
39. Appendix 1:
Application
Appendix 2: Plan, showing Council
Offices, Hotel/Public House, Private
Hospital, Hospice, High School/theatre/recreational complex.
Appendix 3:
comments from Hampshire Constabulary, Traffic Management to Wight Leisure
Appendix 4: comments from Hampshire Constabulary,
Operations Inspector
Appendix 5: Fire Safety comments
Appendix 6: comments from Fire Safety to Wight Leisure
Appendix 7: Councillor’s comments
Appendix 8: Building Control’s comments
Appendix 9: letters of objection
Appendix
10: applicant’s response to objections
Appendix
11: memo enclosing letters of support
from Isle of Wight Festival Co-ordinator
Appendix
12: other letters of support
BACKGROUND PAPERS
40. As attached.
ADDITIONAL INFORMATION
41. 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.
42. 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
